Darshoo

Darshoo provides a subscription-based service that allows the user/users to access Multilingual movies, videos, and shows (“Darshoo Content”) streamed over the Internet to certain Internet-connected TVs, computers, and other devices ("Darshoo Ready Devices"). The aforementioned service is operating under the brand name of Darshoo, which is provided to you by Darsh Creatives Private Limited, a registered company incorporated under the laws of India (hereinafter referred to as Darshoo).

This document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 (hereinafter referred to as Darshoo).

These Terms of Use govern your use of our service. As mentioned in these Terms of Use, "Darshoo Service," "our Service," or "the Service" means all the services available on the Darshoo platform for discovering and watching content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our Service.

The following terms (‘Terms’) govern your access and use of (www.Darshoo.com) and/or the mobile application for all the Android and iOS devices and/or Internet-connected TVs, computers, and other devices with access to the Darshoo services (collectively ‘Services’).

Acceptance By accessing and using our services, you hereby agree and accept all the terms and conditions. If you disagree or do not accept any of the Terms, you must not use our Services.

General Terms of Use: Cookies: Our website uses cookies; by using our website and/or agreeing to the terms, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

Subject to the express provisions of these Terms, we, together with our licensors and service providers, own and control all the copyright and all other intellectual property rights, titles, and interests in and relating to the Services and the materials and contents on our website. All the copyright and other intellectual property rights, titles, and interests in and relating to our Services and the material and contents on our website are reserved.

Except for the limited permissions provided by these Terms, no right, title, license, or interest is granted to you in relation to the Services and contents and materials that are part of the Services.

License to Use Website and Service Except as expressly permitted by provisions in these Terms, you must not download VOD Darshoo Content to your Authorized Device (television sets, internet-connected smart televisions and DVD/Blu-ray players, computers, game consoles, mobile devices, or handheld devices, including tablets and smartphones, HDMI-connected dongles, set-top boxes, e.g., Apple TV, TiVo, Roku, and Google TV, and/or multi-channel video programming distributor box within the territory). You are not allowed to copy/reproduce the same in whole or in part in any other device, medium, and/or to any third party. Without prejudice to our rights under law or equity, failing to comply with the foregoing may result in termination of your subscription and restrict your access to the website and app.

You may only use our Services for your own personal purposes and must not use our Services for any other purpose, including, without limitation, for commercial purposes.

Videos that we offer as part of the Services may be viewed only for personal use or at home. Organized or public showings are not allowed without prior written consent from Darshoo.

All contents and materials on our Service and Website are copyright protected, and you will not republish material from our Service or Website (including republication on another website); sell, rent, or sub-license material or contents from our website or Service; show any material from our website or Service in public; exploit materials or contents from our website or Service for commercial purposes; or redistribute materials or contents from our website or Service.

We reserve the right to restrict access to areas of our website or service at any time and for any reason or no reason, or indeed our whole website, at our sole discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website or service.

Restrictions on usage You will not use our website and app in any way or take any action that causes damage or may cause damage or impairs the performance, availability, or accessibility of the website and app.

You will not use our website and app in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You will not use our website and app to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You will not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to our website and app without our express written consent.

You will not access or otherwise interact with our website and app using any robot, spider, or other automated means.

You will not use data collected from our website and app for any direct marketing activity (including, without limitation, email marketing, SMS marketing, telemarketing, and direct mailing).

You will not use data collected from our website and app to contact individuals, companies, or other persons or entities.

You must ensure that all the information you supply to us through our website and app, or in relation to our website and app, is true, accurate, current, complete, clear, and non-misleading.

Fair Use: The copyright laws of the land recognize “fair use” of copyrighted content and mention that certain acts will not constitute infringement of copyright, namely for specified purposes including but not limited to criticism and/or review of content. Content may contain certain copyrighted works, which we believe in good faith are protected by the “fair use” for reasons identified by law. We use many sources to create new videos with original research and added voice-over. Our review/commentary of videos does not replace/supersede original works and is transformative. We make/upload such transformative videos featuring short excerpts of longer songs, movies, TV shows, video games, etc., where the underlying works are commercialized in a manner where the editorial is additive and promotional—we do not use full-length original works for the same.

About Service: Subscription Your Darshoo subscription will continue month-to-month or as specified in the selected plan until terminated. To use the Darshoo Service, you must have Internet access and a Darshoo Ready Device and provide a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Unless you cancel your subscription before your monthly billing date or you have selected the auto-renewal option, you authorize us to charge your next month's subscription fee to your payment method (see "Cancellation" below). You can find specific details regarding your Darshoo subscription by visiting our website or app and clicking on the "Account Settings" link available at the top of the pages of the Darshoo website or going to My Account from Settings for Mobile App.

Free Plan Your Darshoo subscription may start with a free trial through a special subscription plan selection. The free trial period of your subscription will last for a week or as specified in the subscription plan you have selected, or as otherwise specified during sign-up, and is intended to allow new users to try the service.

Free trial eligibility is determined by Darshoo at its sole discretion, and we may limit eligibility to prevent free trial abuse at any point in time. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. A free trial can be taken only once with a specific account. We may use information such as geolocation, device ID, method of payment, or an account email address used with an existing or recent Darshoo subscription to determine eligibility. For combinations with other offers, restrictions may apply.

We will not charge your payment method for your monthly subscription fee at the end of the free trial period unless you renew or upgrade your subscription prior to the end of the free trial period. To view other plans and the end date of your free trial period, visit your Darshoo profile page.

Billing

Billing Cycle The subscription fee for the Darshoo Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged on a periodic basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription if auto renewal is activated, or at the instant the subscription plan is activated. In some cases, your payment date may change, for example, if your payment method has not successfully settled or if your paid subscription began on a day not contained in a given month. Visit your Darshoo ‘My Account’ from the Darshoo website or go to ‘My Account’ from the app to see your next payment date.

Payment Methods

You can change your payment method by visiting your Darshoo profile page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your payment method or cancel your account, we may suspend your access to the service until we have obtained a valid payment method. When you update your payment method, you authorize us to continue charging the updated payment method, and you remain responsible for any uncollected amounts. This may result in a change to your payment dates. For some payment methods, the issuer or payment aggregator may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used. Check with your payment method service provider for details. In any event, we shall not be held liable for any applicable taxes upon the purchase/use of the Services.

Please note that if you avail a subscription from a country other than India and the transaction is in a currency other than Indian Rupees (INR), the exchange rates for the purposes of calculating the subscription fee will be based upon the exchange rates published by the payment gateway(s) on such date, and Darshoo disclaims any and all liabilities in relation to the exchange rate and payment processing through such payment gateway.

Without limitation to the above, one of the specific payment methods that you may choose is “Google Pay.”. Notwithstanding anything herein written, the following shall be applicable if you choose “Google Pay” as your payment method:

If payment via “Google Pay” fails, Darshoo shall not offer you a grace period, and your subscription will be automatically cancelled; and

You shall also be under an obligation to adhere to all relevant Google Pay terms and conditions.

Auto Renewal

All the paid subscription plans have an optional auto-renewal feature, which will automatically renew the subscription plan every month. When selecting the preferred subscription plan, an option would be given to you for auto-renewal select and deselect. If you select the auto-renewal, the selected subscription plan would continue month-to-month or as per the duration of the selected plan until the auto-renewal is deselected from the Darshoo Profile page. However, in case of a problem occurring with the selected payment method, the auto-renewal function might not function as usual, and the subscription plan will only last for the paid period as per the plan. Auto-renewal can be selected or deselected anytime from the Darshoo Profile page.

Cancellation You can cancel your Darshoo subscription at any time, and you will continue to have access to the Darshoo service until the end of your monthly or periodic billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial use of the Service or unwatched Darshoo content.

To cancel, go to the "Darshoo Profile" page and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, visit your Darshoo Profile page.

Changes to the Price and Service Plans. We may change our service plans and the price of our services from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.

Partial discount coupon. In case of choosing payment methods such as partial coupons, Darshoo shall, at its sole discretion, round off subscription payments to the lower decimal. For example, if after applying a coupon, the user’s payable is calculated at INR 25.8, Darshoo will show INR 25, and the user will have to pay INR 25. Any VAT/SC (if applicable) will not be affected by the discount.

Darshoo Service Unless otherwise specified, Darshoo is available for individuals who have attained the age of majority in their jurisdiction. In the case of India, this service is restricted to users who are aged 18 years or older. If you are under the relevant age of majority in your jurisdiction, you may only access the Site and the Services only in accordance with applicable law, which enables a minor in your jurisdiction to access such a service. In India, by browsing or downloading and/or installing and/or using the Darshoo, you represent and warrant that you are 18 years of age or older, and in case you are less than 18 years of age, you have taken consent of your parent or guardian or supervision of an adult.

The Darshoo Service and any content viewed through the Service are for your personal and non-commercial use only. During your Darshoo Subscription, we grant you a limited, non-exclusive, non-transferable license to access the Darshoo service and view Darshoo Content. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the Service for public performances.

You may view the Darshoo content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time, irrespective of the country from where the account has been created and payment has been made. The number of devices on which you may simultaneously watch is no more than 2 (two) or as offered by your chosen subscription plan.

Darshoo regularly makes changes to the service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features, and availability of Darshoo content.

You agree to use the Darshoo Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Darshoo Service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Darshoo Service; use any robot, spider, scraper or other automated means to access the Darshoo Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Darshoo Service; insert any code or product or manipulate the content of the Darshoo Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Darshoo Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our Service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the Service.

The quality of the display of the Darshoo content may vary from device to device and may be affected by a variety of factors, such as your location, the bandwidth available, and/or the speed of your Internet connection. Not all content is available in all formats. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Darshoo content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected, and the configuration of your Darshoo Ready Device.

To run the Darshoo app on your Android mobile device, it must have a minimum Android OS version of KitKat 4.4 (API level 19 and up), or on your iOS mobile device, it must have the latest iOS version.

Web browsers that support Darshoo are Chrome (latest version), Firefox (latest version), Internet Explorer (latest version), Microsoft Edge, Safari (latest version), and Opera (latest version).

The Darshoo software is developed by, or for, Darshoo and is designed to enable viewing of Darshoo content through Darshoo Ready Devices. The Darshoo software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third-party software that is subject to third-party licenses. By reading this you accept to automatically receive any updates of Darshoo and related third party software when available.

Due to some country-specific regulatory policy, Darshoo may not charge its users availing the service from the respective country.

Account Access User can create an account in Darshoo by signing up with their Facebook account or using their mobile number. Darshoo will create an account for you based on the login information you provide. Once the account is created, the user will be redirected to the subscription page to complete the subscription. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Darshoo Ready Devices that are used to access the service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Darshoo, or our partners from identity theft or other fraudulent activity.

Warranties The Darshoo service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect, and consequential damages against us.

Limitations of Liability To the fullest extent permitted by law, in no event shall Darshoo, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, losses, or expenses, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (ii) any interruption or cessation of transmission to or from our Services. (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. You categorically acknowledge and accept that Darshoo shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

We understand that, in some jurisdictions, warranties, disclaimers, and conditions may apply that cannot be legally excluded. Only if that is the scenario in your jurisdiction, to the extent permitted by law, Darshoo limits its liability for any claims under those warranties or conditions to either.

supplying you the services again; OR

the cost of supplying you the services again).

Class Action Waiver Where permitted under the applicable law, you and Darshoo agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and Darshoo agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

Indemnification

By agreeing to these Terms, you agree that you shall defend, indemnify, and hold Darshoo, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including lawyers’ fees and costs) arising out of or in connection with: (a) your violation or breach of any terms of these Terms or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein, and (b) your use (or misuse) of the Services.

Internet Delays The services, website, and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, including the device used by you being faulty, not connected, out of range, switched off, or not functioning. We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

Miscellaneous

Governing Law These Terms of Use shall be governed by and construed in accordance with the laws of India.

Unsolicited Materials Darshoo does not accept unsolicited materials or ideas for Darshoo Content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Darshoo.

Customer Support To find more information about our service and its features or if you need assistance with your account, please visit the Darshoo FAQ section on our website.

Survival If any provision or provisions of these Terms of Use are held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

Changes to Terms of Use and Assignment Darshoo may, from time to time, change these Terms of Use. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version (https://www.Darshoo.com/en/terms). We may, in our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions or updates. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

We will notify you at least 30 days before these new Terms of Use apply to you.

Electronic Communications We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, and notices) in electronic form only, for example, via emails to your email address provided during registration.

Legal Action Without prejudice to any other right pertaining to Darshoo under these Terms and/or law/equity, Darshoo reserves the right to take legal actions against you for any breach of these Terms.

Our details This Website is owned and operated by Darsh Creatives Private Limited., operating under the brand “Darshoo”. We are registered in India. For any queries, please contact us at support@Darshoo.com