TERMS OF SERVICE

These Terms of Service ("Terms") read with the privacy policy, disclaimers, rules of Skara as may be posted on this Platform, having registered domain name www.skara.app, www.skara.live and www.skara.work from time to time, shall govern your use / access of the Platform, its related content, sites and hyperlinks owned, maintained and operated by Flixbox Solutions LLP (“Flixbox”). These Terms apply to all Users of the Platform, which shall include but not be limited to the website and its corresponding mobile-based Application(“Platform”).As used in the Terms, “we”, “us”, “our” and “Skara” means applicable brand name owned by Flixbox Solutions LLP as defined in the Annexure – A of these Terms and “you/your user”, “your”, “user” means the user of the Services offered under Clause 1 of the Terms.Please read the Terms carefully as by impliedly or expressly accepting these Terms, privacy policy present in www.skara.app/privacypolicy , you/your user also accept and agree to be bound by rules, policies, and Terms of Flixbox as posted on this Platform from time to time and corresponding hyperlinks, if any. If you do not agree to be bound by the Terms, please do not access this Platform, or avail any Services provided through this Platform.Due to the nature of the business, Flixbox, and its Affiliates reserves the right to change, modify, add or remove any portions of these Terms and Privacy Policy at any time without prior notice, so please refer to them periodically. If you/your user continue to use the Platform, you/your user shall be deemed that you/your user have agreed to abide to new amendments to the Terms of this Privacy Policy. By signing up you/your user are agreeing to be bound to these Terms, Privacy Policy and all applicable laws and regulation.If you do not agree to the Terms or the Privacy Policy, then you are prohibited to access the Platform or our Services. If you do not understand any part of these terms, then please write us through an email at support@skara.app
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1. Services

1.1
Skara is a Platform which allows users to setup and launch their video streaming, no-code white label, Video on Demand (“VOD”) service for businesses to create their own Over the Top (“OTT”) platform and launch their video streaming website and mobile application.
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(i) If a user owns a web domain, they can launch their own video streaming/OTT websites, mobile based application and platforms;
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(ii) the mobile based application
1.2
Skara is a completely owned proprietary of Flixbox, which is involved in the business of setting up and launching different video streaming, including VOD and OTT website and mobile-based application (“App”).
1.3
We ensure to maintain our Services with reasonable care and skill. However, our Services offering are subject to modification and applicable laws from time to time.
1.4
Our Services may be temporarily unavailable due to technical issues, maintenance or testing, or updates, such as those required to respond to changes in applicable law and regulatory requirements.
1.5
We strive to constantly evolve and improve our Service, and we reserve the right to modify, suspend, or discontinue (permanently or temporarily) providing all or a portion of the Service. We are not obligated to offer any specific content through the Service and content maybe removed at any time by us without prior notice.
1.6
The content provided by you via this Platform may or may not be owned by Flixbox, or its Affiliates and we do no claim ownership rights for the same. We may also provide the content to you/your user through our Affiliates; we shall not take liability for the content that is not owned by us.

2. SUBSCRIPTION TO OUR SERVICES

2.1
In order to avail the Services through the Platform, you are required to obtain a subscription through registration on our Platform, which may involve without limitation, setting up of a profile, providing your username and password, your name and other personally identifiable information (hereinafter referred to as “Skara Account”). However, you may be able to lodge a web-based complaint, feedback, or suggestion, by filling the necessary information and without registration. We may access your Skara Account or request you to enter other details such as email id etc. as required under the relevant laws. [1]
2.2
You will be solely responsible to ensure confidentiality of your username or passwords or account with the Platform. By registering you hereby grant consent for contacting you via mobile phone or email based on the information furnished by you either by us, or our Affiliates or third parties nominated in this regard for providing better services or for promotional activities related to the Services.
2.3
You/your user agree that the basic customer information, personally identifiable information, provided by you/your user are true, complete, and accurate, and agree not to submit any particulars which are false or any information you/your user do not have any right or authority to provide. You/your user are solely responsible for maintaining the confidentiality and security of all activities that occur on or through your access of the Platform.
2.4
You shall make periodic payments for your subscription (“Subscription Fee”) for accessing our Platform via your Skara Account for continuous and uninterrupted access to our Services. Skara provides multiple subscription plans to the user depending upon their requirement. Each plan possesses a fixed number of hours of storage which is bundled with a quantified bandwidth, storage, and encrypted codes. The different pricing for the fixed number of hours is directly available on the Platform. Users are requested to go through the different subscription plans on the Platform before selecting any plan(s).
2.5
The Subscription Fee also includes a monthly variable rental fee that is payable every calendar month that includes a charge as per the subscribed plan, multiplied by the number of your user using your service through the Platform (“Subscriber Fee”). We do not handle nor are we responsible for the fee that you charge your user for the services you are providing using our Services and Platform
2.6
A new user availing the Services on the Platform will have to initially pay the Subscription Fee that shall not include the Subscriber Fee only for the first billing cycle. For the subsequent months/billing cycles, the user has to pay a fee that would be inclusive of the Subscriber Fee.
2.7
The payment for your Subscription Fee will be carried out by Stripe, a third-party payment vendor who may collect your name, age, email address, mobile number, credit/debit card number, Card Verification Value (“CVV”) number, Unified Payment Interface Identity (“UPI ID”), billing address or any other information that may be necessary for you to complete the payment transaction. Our Privacy Policy stated in these Terms does not apply to data or personal information that are submitted to or collected by any third-party vendors or entities. You should independently evaluate the privacy policies of Stripe or any other third-party vendors or entities that Flixbox may entrust for carrying out payment of Subscription Fee, Subscriber Fee or any fee from time to time, before submitting your data or personal information to them.
2.8
Skara and Flixbox would not be liable for any subscription plans selected inadvertently or by means of error while using the services in Platform by the user. We shall not entertain any requests for refund or cancellation of the Subscription Fee which is already paid by the user after selection of the subscription plan and the payment of the Subscription Fee.
2.9
We reserve the right to cancel your access to Skara Account and any of our Services if we fail to receive your Subscription Fee along with other charges as mentioned in these Terms for a period of 14 days from the due date of your Subscription Fee and additional charges. Thereafter, we shall suspend and/or deactivate your account with no liability of paying back any past payments, arrears and/or interest that you have made to us for the usage of your Skara Account or any part of our service thereof.
2.10
You/your user may access the content primarily within the geographical location where you have created your Skara account. The content that maybe available will vary by geographical location and will be based on the local laws of the geographical area.

3. PROHIBITIVE CONTENT

3.1
You/your user must not post/transmit or enable another person to post/transmit via the Platform or any information or material or otherwise use the Platform for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any applicable laws or rules.
3.2
You/your user shall not use our Services or the Platform to publish, host, display, transmit, store, update or share any information or personal data that belongs to another person to which you/ your do not have any right, authorisation or lawful consent.
3.3
You/your user shall not use our Services or the Platform to publish, host, display, transmit, store, update or share any information or personal data that is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including but not limited to bodily privacy, insulting harassing on the basis of gender, racially or ethically objectionable, relating or encouraging money laundering or gambling, or promoting enmity on the grounds or religious, caste, race, creed or gender with the intent to incite violence or otherwise that is harmful to children.
3.4
You/ your user shall not use our Services or the Platform to infringe any patent, trademark, copyright, proprietary rights or any other intellectual property rights (“IP rights”).
3.5
You/your user shall not use our Services or the Platform to upload software virus, or any other computer code, file, programme, malware, Trojan software that is designed to interrupt, destroy, or limit the functionality of any of our resource or the resources of a third party who is directly or indirectly impacted in a way which:
(i) Tampers with, hinders the operation of or makes unauthorised modifications to the Platform and Application.
(ii) Inhibits any other user from using the Platform.
(iii) Defames, harasses, threatens, menaces, or offends any person; or
(iv) Contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
3.6
You/ your user shall not use our Services or the Platform to impersonate any third person.
3.7
You/ your user shall not use our Services or the Platform to publish, host, display, transmit, store, update or share any information or personal data deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or is otherwise identified as fake or false by the Government of India (“GOI”), or any other state government, tribunal or court.
3.8
You/ your user shall not use our Services or the Platform to host, store or publish any unlawful information, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, or any information which is prohibited under any law for the time being in force.[2]

4. CONTENT LIABILITY

4.1
You/ your user will be owner of the content that you / your user create, submit, post, transmit or otherwise make any material, messages, reviews, ideas etc. via the Platform (“Your Content”) through your Skara Account or our Services
4.2
You/ your user are solely responsible for Your Content that you/ your user are selling through our Services (including any regulatory compliance, offer or promotional content), including the compliance with laws and regulations of the jurisdiction where you are residing.
4.3
Your/your user’s Content shall not contravene the conditions set out in Clause 3 of the Terms or any other applicable law for time to time
4.4
You/your user’s acknowledge that the API Terms govern your access to use Flixbox API. You are solely accountable and liable for activity that occurs using and securing your own API credentials.[3]
4.5
During your use of our Platform-based service, like posting a question, answer, or blog on our Platform, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. We reserve the right to destroy such third-party information that you have stored, transferred or processed using your Skara Account or our Services within 182 (One hundred and eighty two) days from the date the third-party information and personal data is stored.
4.6
We are not liable for the content you provide using your Skara Account or our Services. However, we reserve the right to the remove your content from your Skara Account and Services if any of your content are contravening the conditions set out in Clause 3 of the Terms or any other applicable law.
4.7
You/your user shall hold Flixbox and its Affiliates harmless from any IP infringement, data protection regulation, legal disputes (both criminal and civil) that may arise from the publication of Your/your user Content using the Platform or our Services.

5. INFORMATION SECURITY[4]

5.1
You/ your user will be owner of the content that you / your user create, submit, post, transmit or We are committed to safeguard the security and confidentiality of any information you/your user provide to us. We understand that you/your user accept the inherent security implications of providing information over the internet and will not hold us responsible for any breach of security or disclosure of personal information. If you become aware of any problems with the security of data, please contact us immediately. However, you/your user hereby authorize and consents to the collection, storage and use, by Flixbox and its Affiliates, partners, of any information and data related to or derived from Customer's use of the Application, and any information or data that Customers provide to Flixbox and its Affiliates, partners and licensors ("Information"). Notwithstanding the foregoing, the Customer's personally identifiable information will be used only in accordance with the Privacy Policy and to the extent permitted under applicable laws. Such Information will be treated as being non-confidential and non-proprietary, and Flixbox assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. This provision shall survive the termination of this Term.[5]make any material, messages, reviews, ideas etc. via the Platform (“Your Content”) through your Skara Account or our Services
5.2
Your/Your users’ consent: You/your user hereby provide your/your users’ consent to us, that all sensitive personal information (as defined in Appendix A) that you/your user submit may be processed by us in the manner and for the purposes of these Terms. We may transfer and store on its servers the information provided by you/your user at the time of registration or otherwise, and such information may be accessed by the staff, subsidiaries and third parties (that process information such as, process debit card, credit card payments, UPI payments and provide support services) who act for us or otherwise for the purpose of these Terms. You/your user by submitting its personal data, agrees to this transfer, storing or processing. You/your user will take all steps reasonably necessary to ensure that the data is treated securely and in accordance with our standard privacy policy as annexed in as a part of these Terms. You/your user further permit us to allow selected third parties, including marketing and advertising companies, to contact you occasionally about services that you may have interest. They may contact you by mobile phone SMS as well as by e-mail. If you do not want to be contacted by these companies in the future, you may simply choose the option of unsubscribe available on the email amending the user profile accordingly and/or writing to us.
5.3
You/your user may opt out by emailing us at support@skara.app. Opting out of tracking on our service through the link inserts a cooking on your/your user’s browser. We rely on this cookie to identify an opted-out user. We will not be able to identify an opted-out user, if you/your user:
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(i) Clears the cookie from your browser;
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(ii) Uses a different browser, or
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(iii) Uses different computer or device.

We will discontinue tracking activities for opted users/your users. This means that we will not track an opted-out user’s behaviour or display customised advertisement to the user. However, an opted-out user/your user may be able to view suggestions by us pertaining to marketing, branding, or promotional campaigns.[6]
5.4
Cookie and Tracing: Your/your user’s internet browser has the built in facility for storing small text files called “cookies” that hold information which allows a Platform to recognise your /your user’s account. We use cookies to save your/your user’s preferences and login information, and to provide personalised functionality. We may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. More specifically, we use different types of cookie for different purposes:(i) “required cookies” are necessary for our Services so we can measure and improve the performance of our Services to work properly, (ii) “performance cookies” allow us to analyse how visitors use our Services so we can measure and improve the performance of our Platform, and (iv) “advertising cookies” are used to present ads that are relevant to your/your user’s interests. We may utilize cookies to track referrals from internal and external affiliates, as well as advertising campaigns. We may also use a third-party service provider to send email that you/your user have agreed to receive. Pixel tags and cookies maybe used in those email messages to help us measure the effectiveness of our advertising and to enable us to provide more focused marketing communications to you/your user. You/your user can reject cookies by changing your/your user’s browser setting but be aware that this will disable some functionality of our Platform.
5.6
Monitoring and Analysing: We shall constantly monitor and analyse the method and the manner of how you/your user use our Service and Platform. However, we shall not be obligated or liable to rectify errors, change content or be statutorily responsible for your/your users’ conduct while you/your user are using our Service and Platform.

6. INTELLECTUAL PROPERTY AND LICENSES

6.1
All Intellectual Property rights on the Platform, design, text, graphics, applications, software, underlying source code and all other aspects belong to Flixbox and its affiliates.
6.2
The Copyright in all content including but not limited to Skara, text, graphics, logo, images, button icons, audio clips, digital download, data compilations, and software is the property of Flixbox, its Affiliates or its content suppliers and is protected by the appropriate Intellectual Property Laws. You/your user should have no rights or claims over the ownership, usage, license or the usage of any Copyright owned by Flixbox, or its Affiliates, except as explicitly provided to you/your user under the Terms. We shall not have copyright over Your Content or any other third-party content.
6.3
The Trademark “Flixbox”, its logo, trademark “Skara”, its logo, and other Services Marks and logos owned by Flixbox and/or its Affiliates. You/your user shall not have any right or claims over the ownership, usage, license, or the usage of any Trademark that is owned by Flixbox, or its Affiliates, except as explicitly provided to you/your user under the Terms. There will be certain trademarks of your/your user’s Content or of any third-party, these marks are used for representation purposes only and Flixbox does not claim any right over these trademarks.
6.4
Flixbox, its Affiliates or its content suppliers respect the intellectual property of other. If you/your user believe that your/your user’s intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us with your/your user’s concerns and we will try and answer your/your user’s concern. No part of this Platform herein, including audio and video excerpts, may be reproduced, adapted, modified, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission.
6.5
None of the material owned and licensed by Flixbox, its Affiliates may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior written permission.
6.6
Flixbox grants you a non-exclusive, non-transferable, revocable, limited license to access this Platform. In order to provide access to the Platform to you, you may be requested to register and/or provide and/or confirm information about yourself. You/your user represent that any information provided by you/your user will always be true, accurate, complete, and updated.
6.7
By providing Your Content to us, you grant to Flixbox, and its Affiliates a worldwide, non-exclusive, royalty fee, transferable, sub-licensable license to use Your Content (including rights to use, copy, modify, reproduce, distribute, prepare derivative works, display perform it. Flixbox, and its Affiliates may use Your Content with the Service, including but not limited for the purpose of promoting and redistributing any part of its service.
6.8
All rights (including goodwill and, where relevant, trademarks) in the Platform are owned by us. Other products and company names mentioned on the Platform are the trademarks or registered trademarks of their respective owners.

7. INDEMNITY

7.1
You/your user agree to indemnify Flixbox, its Affiliates and other persons involved in the creation of this Platform for all damages, losses and costs (including legal costs) which arise out of or relate to your/your user’s use of your/your user’s Skara Account and the Services under the Terms. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breaches pertaining to Information Technology Act, 2000 and its allied Rules at the time being force, including any changes and amendments made therein, and any other laws that are applicable from time to time.
7.2
You/your user shall further hold Flixbox, its Affiliates and other person involved in creation of this Platform harmless form any legal (both civil and criminal) dispute, damages (including but not limited to pecuniary, non-pecuniary, direct, indirect, incidental and consequential damages), penalties or fines arising out of Your Content/your user’s content that you/your user publish using your/your user’s Skara Account, Platform and/or our Services.

8. LIMITATION OF LIABILITY

8.1
You/your user, including your/your user Affiliates and their respective employees, owners, officer, shareholders, directors and partners shall be liable for any direct, indirect, pecuniary, non-pecuniary, incidental and consequential loss or damage that arises to us while publishing Your Content/your user through your Skara Account, Platform or while using our Services.
8.2
In no event Flixbox including its Affiliates and their respective owners, officers, agents, and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental, and consequential damages, lost profits, or damages resulting from the use or inability to use the Platform whether based on warranty, contract, tort or in any other means or action.
8.3
Subject to the aforementioned, our aggregate liability arising out of or in connection with the contract, whether based on contract, tort, statutory warranty or otherwise, shall in no event exceed a sum of the amount paid equivalent to one month’s Subscription Fee. The limitations on our liability under this clause, shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising. Notwithstanding anything to the contrary, you/your user agrees that your/your user’s sole and exclusive remedy for any dispute with us is to discontinue user’s use of the site.
8.4
You/your user acknowledge and agree that we are not liable for any loss or damage which may be incurred by the User as a result of the availability of those external sites or resources, or as a result of any reliance placed by the User on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
8.5
We shall not be liable for:
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(i) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the User’s/your user’s use of the services or Platform.
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(ii) User’s/your user’s failure to provide us with accurate account information.
8.6
Without prejudice to any other provision herein, we shall not be liable for any loss, damage or penalty as a result of any delay in our failure to deliver or otherwise perform hereunder due to any cause beyond our control, including, without limitation, your/your user’s acts, embargo, or other governmental act, regulation or request affecting the conduct of our business, fire, explosion, accident, theft, lightening. Flood, windstorm or other act of God.

9. ACCURACY OF OUR CONTENT

9.1
We have made significant efforts to accurately display the details of Services, colours that appear on the Platform. However, we do not warrant/guarantee the content of this Platform is accurate, complete, current, or error-free. The technical specifications and settings of your /your user computer and its display could affect the accuracy of its display of the colours, displayed on this Platform.
9.2
The Platform provides links to various third-party websites, applications, services, for your/yours user convenience only and we have no control over the linked websites and or applications. Some of the links may be related to the Platform/ Services provided by our Affiliate(s). We do not maintain, sponsor or recommend any third-party websites, though the Platform may contain advertisements[7]. We do not assume any responsibility for them or their content or accessibility. In particular, we shall not be liable for any infringement of intellectual property rights of any person, or any information or opinions on third-party website.[8]

10. COMPLAINTS REGARDING THE CONTENT

You/your user warrant that Your Content/your user will not infringe the intellectual property rights of any third party, and neither the content is defamatory, nor it will breach any law. We may monitor or review Your Content/your user’s content and may make minor edits for the limited purpose of correcting spelling or any grammar errors, but we are not obliged to do so. We may also alter or remove any of your content at any time, for any reason including for operational integrity of our Services.

11. GRIEVANCE REDRESSAL

11.1
If you/your user have grievance with respect to any infringement of your privacy of your personal data/your user’s personal or Your Content/your user’s consent, you/your user can request in writing or through email signed with electronic signature identifying the content alleged to be in infringement of your rights/your user’s right as the rightful owner or affecting you prejudicially.
11.2
You/your user should, thereafter, provide your contact information including email address, address, and mobile phone number where you/your user can be contacted if required.
11.3
Giving a declaration cum undertaking along with necessary documents establishing you/your user:
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(i) as the rightful owner of the content to be disabled/affecting you prejudicially,
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(ii) as an affected person, stating that the information submitted is true, complete and accurate and no material fact has been hidden, and also stating that information submitted its true, complete and accurate and no material fact has been hidden, and also stating that Flixbox, its Affiliates, employees, including Grievance Officer shall not be liable for any loss or damage or claim for relaying on such requests
11.4
You may forward your request/ complaints to Grievance Officer:[9]

(i) Name: Ankita Saikia

(ii)Contact: Email: ankita@skara.app

12. ALTERATION TO THE EXISTING TEMRS[10]

We may update these Terms and the Privacy Policy to reflect changes to our information practices. If we make any change in how we use your/your user’s personal information we will notify you by means of a notice on this Platform prior to the change becoming effective. We encourage you/your user to periodically review our Platform to be updated on the latest Term and our privacy practices.

13. INCONSISTENT TERMS

If there is an inconsistency between these Terms and other terms displayed on individual pages of the Platform, the other terms will govern to the extent of the inconsistency. Flixbox reserves the right to correct any ambiguities, omissions, error in the Term, by amending/updating the Terms, including the subscription fee and the method and or by issuing clarifications as may be necessary in due course.

14. CONTENT CLASSIFICATION OBLIGATION

14.1
You/your user shall not transmit or publish or exhibit any content which is prohibited under any law for the time being in force or has been prohibited by any court of competent jurisdiction.
14.2
You/your user shall take into consideration the following factors, when deciding to feature or transmit or publish or exhibit any content, after duly considering the implications of any content as falling under the following categories, and shall exercise due caution and discretion in relation to the same, namely: —
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(i) Content which affects the sovereignty and integrity of India;
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(ii) Content which threatens, endangers or jeopardises the security of the State;
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(iii) Content which is detrimental to India’s friendly relations with foreign countries.
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(iv) Content which is likely to incite violence or disturb the maintenance of public order.
14.3
You/your user shall into consideration India’s multi-racial and multi-religious context and exercise due caution and discretion when featuring the activities, beliefs, practices, or views of any racial or religious group.
14.4
Your Content/your user’s content may be classified on the basis of:
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(i) Themes and messages;
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(ii) Violence;
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(iii) Nudity;
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(iv) Sex;
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(v) Language;
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(vi) Drug and substance abuse; and
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(vii) Horror as described in the Schedule, as may be modified from time to time by the Ministry of Information & Broadcasting.
14.5
Display and Classification:
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(i) You/your user shall prominently display the classification rating specific to each content or programme together with a content descriptor informing the user about the nature of the content and advising on viewer discretion (if applicable) at the beginning of every programme enabling the user to make an informed decision, prior to watching the programme.
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(ii) If you/your user are making available content that is classified as U/A 13+ or higher shall ensure that access control mechanisms, including parental locks, are made available for such content.
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(iii) If you/your user are making available content or programme that is classified as “A”, you/your user shall implement a reliable age verification mechanism for viewership of such content.
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(iv) You/your user must strive to include classification rating and consumer advice for Your Content/your user’s in any print, televised or online promotional or publicity material and prominently display the classification rating specific to each such content.
14.6
You/your user must strive to include classification rating and consumer advice for Your Content/your user’s in any print, televised or online promotional or publicity material and prominently display the classification rating specific to each such content.
14.7
Restriction of access to certain curated content by a child: If you/your user are providing access to online curated content which has an “A” rating shall take all efforts to restrict access to such content by a child through the implementation of appropriate access control measures.
14.8
Measures to improve accessibility of online curated content by person with disabilities: You/your user shall, to the extent feasible, take reasonable efforts to improve the accessibility of online curated content transmitted by it to persons with disabilities through the implementation of appropriate access services.

15. WAIVER

If we do not act in the relation to a breach of the conditions of these Terms by you/your user, that should not be as construed as a waiver of any of our rights to act in relation to that breach or any later breach of you/your user.

16. REMOVAL ACCESS TO SKARA FACILITIES OR ANY PART OF THE SERVICES

16.1
You/your user may choose to discontinue using our Platform and the Services, by cancelling your subscription and permanently deleting your Account.
16.2
We have the right to cancel your subscription and cancel any part of the Services offered by us to you/your user, if you/your user are found acting in contravention with Clause 3 of the Term, or any part of the Terms, or any applicable law of India or any other relevant jurisdiction.

17. GOVERNING LAW AND JURISDICTION

If a dispute arises regarding these terms of use, the laws of India will apply and shall be subject to the exclusive jurisdiction of the courts in Guwahati, Assam, India.

18. GENERAL MATTERS

18.1
The accuracy and confidentiality of your/your user account information is your/your user responsibility: You/your user are responsible for maintaining the secrecy and accuracy of your /your user password, email address, and other account information at all times. We recommend a strong password that you/your user do not use with other services. We are not responsible for personal data transmitted to a third party as a result of your/your user’s incorrect email address and negligence thereof.
18.2
Third-Party Websites: Our Platform may contain links to other websites. When you/your user click on one of these links, you/your user are navigating to another website. We do not accept liability for misuse of any information by any website controller to which we may link. We also do not have any responsibility of liability for the content on the Platforms and its contents thereof. We encourage you/your user to read their privacy policy present on their website, which may differ from ours.[12]
18.1
The User/your user acknowledges and agrees that:

(i) We may upload the data / information / location coordinates including but not limited to menu, rates, offers, deals, discounts, events, with respect to the establishment. We do not guarantee the accuracy, integrity, or quality of such data/information. Notwithstanding anything to the contrary, we reserve the right, to edit or remove any information at any time and for any reason whatsoever as we deems necessary in our judgment.
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(ii) We shall not be responsible for the quality of services provided by any commercial establishment, and the same shall be the sole responsibility of the relevant commercial establishment. The services provided by the commercial establishment to you/your user shall be on principal-to-principal basis, and in no event shall we be held liable for any liability arising on account of any acts or omissions or for any services, products, offers, advertisements, promotional material, coupons etc. provided or promised to be provided by the commercial establishment to you.[13]
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(iii) It is agreed between the parties that the commercial establishment will have their own applicable terms and conditions, in relation to their own supply of their goods and services (including but not limited to changes in price of items listed in menu, change in price of any listed items, cancellation of any event/brand partnership, discontinuation of any discount deal etc), which are subject to change without prior notice, on which we shall have no control. Further, we shall not be held responsible for not providing the revised information on the Platform with respect to such commercial establishment.

(iv) We are not liable for any loss or damage which may be incurred by you/your user as a result of the availability of those external sites or resources, or as a result of any reliance placed by you/your user on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

(v) Storage and Transfer: Information you/your user provide may be stored for a period of 182 (one hundred and eighty two) days shall be made available to by GOI or any other government agency, body or department appointed by the GOI, state government, court, tribunal, or any other body established under the relevant laws. Your/your user’s data can be transferred to a location that maybe outside the territorial jurisdiction of India. Such jurisdiction may not have similar data protection legislation as your/your user home jurisdiction. However, we have taken the steps outlined above to try to improve the security of your/your user information. By submitting your/your user’s information, you/your user consent to these transfers.[14]

(vi) The Platform is made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Terms.

(vii) Agrees that the use of the Platform solely at your/your user’s own risk. Neither we, nor our partners, respective employees, agents and third party content providers make any representations, warranties or conditions of any kind, express or implied, that (i) use of the Platform will be uninterrupted or error free; or (ii) with respect to the results that may be obtained from use of the Platform, or (iii) the accuracy, reliability or content of any information, service provided through the Platform.

(viii) We do not give any warranty that the services or the Platform are free from viruses or anything else which may have a harmful effect on any technology owned or being used by the User.

19. MISCELLAENOUS

16.1
These Terms of Use and Privacy Policy constitute the entire Terms and Condition between the you/your user and us in relation to your/you right to use/access the Platform and supersede all previous Terms in respect of your right to use the Platform. However, the Service is provided to you are subject to our standard policies, and procedures as published from time to time on the Platform.
16.2
Without prejudice to other rights available to us, under these terms and conditions, in the event of any breach of these Terms by You in anyway, we shall be entitled to take such action as we deem appropriate to deal with the breach, including suspending your access to the Platform, prohibiting you from accessing the Platform, blocking computers using your internet protocol address(“IP address”) from accessing the Platform, contacting your internet service provider to request that they block your access to the Platform and/or bringing court proceedings against you.
16.2
The clause headings used herein are for convenience only and shall be of no legal force or effect.
16.2
If any provision of these Terms is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms and the remaining portions of these Terms shall continue in full force and effect. The failure of either party to exercise any of its rights under these Terms shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
16.2
We may terminate these Terms at any point of time, without being liable to serve any written notice. Our right to terminate these Terms shall not prejudice any other right or remedy which we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

Appendix-A

For the purpose of these Terms:
1. ‍“You” shall mean the user using our Services through the Platform.
2. “Subscription Fee” The periodic payment made after every [•] to use the Platform through your Skara Account.
3. “Subscriber Fee” The periodic fee we charge monthly on the number of Your User using the Platform and our Services.
4. “Skara Account” shall mean the Account you create by paying the Subscription Fee in the Platform to publish Your Content where you create your profile, providing your username and password, your name and other personally identifiable information.
5. “Affiliate(s)" shall mean with respect to Flixbox, any person directly or indirectly controlling, controlled by, or under direct or indirect common control with, Flixbox, including its subsidiaries and associate companies.
6. "Your Content" shall mean and include the files, media, videos, motion pictures, sounds, information, music, images, sound, text, any feedback, or content posted or provided by you.
7. “Your User” shall mean the end user or any user who will be viewing, using, downloading, interacting, benefiting or in anyway comes into direct content from the content created by the user using the Services under these Terms.
8. "Terms and conditions" shall mean the terms and conditions or polices that governs the purchase of our Services that you agree to comply by accessing the Platform.
9. "Skara" / "we" / "us" / "our" shall mean Flixbox, its Affiliates or its successors and assigns wherever the context applies.
10. "Service(s)" means all services including but not limited to, customer support, account details, statement of accounts, usage details, Subscription Fee, that Flixbox provides to you through the Platform and any other services that may be included from time to time.
11. "Privacy Policy" shall mean the Privacy Policy of Flixbox, in connection with the use of this Platform through the Skara Account, as may be amended from time to time.
12. "Platform" means the website/ mobile software application that Flixbox operates in the name of “Skara” and has permitted you to download, access and to which the Terms is linked and includes the Terms attached to it.
13. “Sensitive Personal Information”shall mean personal data or information of a person means such personal information which consists of information relating to:
  - password;
  - financial information such as Bank account or credit card or debit card or other payment instrument details;
  - physical, physiological and mental health condition;
  - sexual orientation;
  - medical records and history;
  - Biometric information;
  - any detail relating to the above clauses as provided to body corporate for providing service; and
  - any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise:
14. “Other Information”shall mean information that pertains to an individual but does not directly reveal the identity of the individual.
15. “Third Party”shall mean any person, including but not limited to an individual, partnership, HUF, Company, a Cooperative Society or a group of individuals who are neither the User nor are related to or affiliated to the Flixbox. In addition such personas are not directly or indirectly controlled either by the User or by Flixbox, or its affiliates.
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Appendix-A

[1]JSA Comment: If Flixbox as an intermediary collects information from its user for registration on the computer resource, it shall retain the user’s information for a period of 182 (one-hundred and eighty two) days.
[2]JSA Comment:The Intermediary Rules put the following obligations on Flixbox:
· As per Rule 3(1)(d) of the Intermediary Rules, Flixbox to note that as an intermediary, on whose computer resource the information is stored, hosted, or published, upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the government or any of the governmental agency(ies), have the same obligation as is mentioned in Clause 3.9 of the Terms. Therefore, the responsibilities put forward to the user are equal responsibilities and obligations that Flixbox has provided under law.
· As per Rule3 (g) of the Intermediary Rules,if Flixbox receives actual knowledge under Clause 3 of the Terms or has received grievance under Clause 11 of the Terms on any information which has been removed or access to which has been disabled, the intermediary shall, without vitiating the evidence in any manner, preserve such information and associated records for 182(one hundred and eighty two days) for investigation purposes, or for such longer purposes, or for such longer period as may be required by the court and government/governmental agencies
· As per Rule 3(1)(h) of the Intermediary Rules, if Flixbox collects information from a user for registration on the computer resource, it shall retrain the information for a period of 182 (one hundred and eighty two days) after cancellation or withdrawal of registration.
· As per Rule 3(1)(j) of the Intermediary Rules,if the Intermediary shall, as soon as possible, but no later than 72 (seventy-two) hours of the receipt of an order, provide information under its control or possession, or assistance to the Governmental agency which is lawfully authorised for investigation or protective or cyber security activities, for the purpose of verification of identity, or for the prevention, deletion, investigation or prosecution, of offences under any offences.
[3]JSA Comment:If the users will be using Flixbox API then Flixbox would require a separate API policy that would form part and parcel of these Terms.
[4]JSA Comment:Pursuant to Rule 8 of the Information Technology (Reasonable Security Practices Procedures and Sensitive Personal data or Information) Rules, 2011 (“Security Rules”), Flixbox would need to maintain and implement security practices and standards and have a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with the information assets being protected with the nature of business.IS/ISO/IEC 27001 is one such standard prescribed under the Rules. Flixbox would need to implemented either IS/ISO/IEC 27001 standard or the codes of best practices for data protection as approved and notified under Security Rules provided that such standard or the codes of best practices have been certified or audited on a regular basis by entities through independent auditor, duly approved by the Central Government.
[5]JSA Comment Please note that pursuant to Computer Emergency Response Team guidelines (“CERT-in Guidelines”) Flixbox would need to do the following:
· Clause (i) By virtue of being an intermediary Flixbox should connect to Network Time Protocol Service of National Information Centre (NIC) or National Physical Laboratory (NTP) or with NTP servers traceable to these NTP servers, for synchronisation of all their ICT system clocks. Entities having ICT infrastructure spanning multiple geographies may also use accurate and standard time source other than NPL and NIC, however it is to be ensured that their time source shall not deviate from NPL and NIC.
· Clause (ii) By Virtue of being an intermediary, Flixbox shall mandatorily report cyber incidents in the prescribed format to CERT-In within 6 hours of noticing such incidents or being brought to notice about such incidents. The incidents can be reported to CERT-in via (incident@cert-in.org.in), Phone (1800-11-4949). The details regarding methods and formats of reporting cyber security incidents is also published on the website of CERTI-IN www.cert-in.org.in and will be updated from time-to-time.
· Clause (iii) When required by order/direction CERT-In, for the purpose of cyber incident response, protective and preventive actions related to cyber mandated to take action or provide information or any such assistance to CERT-In, which may contribute towards cyber security mitigation actions and enhanced cyber security situational awareness.
· Clause (iv) By Virtue of being an intermediary, Flixbox shall mandatorily enable logs of all their Information Communication Technology (ICT) systems and maintain them securely for a rolling period of 180 days and the same shall be maintained within Indian jurisdiction. These should be provided to CERT-In along with reporting of any incident or when ordered/directed by CERT-In.
Pursuant to Intermediary Rules, Flixbox to note that there are additional compliances that needs to be followed
· As per Rule 3(c) of the Intermediary Rules, Flixbox should periodically inform its users , at least once every year, that in case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of computer resource of such intermediary, it has the right to terminate the access or usage of rights of the user to the computer resource immediately or remove non-compliant information or both, as the case may be;
· As per Rule 3(1)(k) of the Intermediary Rules, Flixbox as an intermediary shall not knowingly deploy or install or modify technical configuration or computer resource or become party to any act that may change or has the potential to change the normal course of operation of the computer resource that what is supposed to perform thereby circumventing any law for the time being in force.

[7]JSA Comment: Flixbox to confirm if there will be any advertisement of the platform.
[8]JSA Comment: Flixbox to further confirm if there would be any external links of the nature mentioned herein.
[9]JSA Comment:Please note the following duties of the Grievance Officer:
· Acknowledge the complaint within 24 (twenty-four) hours and resolve such complaint within a period of 15 (fifteen) days from the date of receipt.
· Receive and acknowledge any order, notice or direction issued by the Government or any other competent authority, court, or other competent jurisdiction.
· Intermediary shall, within 24 (twenty-four) hours from the receipt for a complaint made by an individual or any person on his behalf, in relation to any content which is on the face of it in the nature of any material which exposes private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, is the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content which is hosted, stored , published or transmitted by the platform.Flixbox as an intermediary shall implement a mechanism for the receipt of complaints which may enable the individual or person to provide details, as may be necessary, in relation to such content or communication link.
[10]JSA Comment: See Note 1
[11]JSA Comment: Pursuant to the Intermediaries Rules, Appendix (Code of Ethics),under A, (B), and (C) of Part II; Flixbox may be liable under the ethical standards prescriber therein as its users will use the platform for creating and publishing contents.
[12]JSA Comment: Please note that this is a standard language used in every agreements, as per law, Flixbox has to comply with relevant regulations pertaining to the subject matter. These regulations inter aliainvolve the IT Act and its allied Rules and the CERT-in guidelines.

[13]JSA Comment: Same as above.

[14]JSA Comment: Please note that the second part of Clause 18.3(vi) of the Clause is constructed based on reasonable knowledge we have on EU’s Geeral Data Protection Regulation, 2018; UK’s Data Protection Act, and California’s Consumer Privacy Act and China’s Personal Information Protection Law.
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