This document is an electronic record in terms of the Indian Contract Act, 1872, the Information Technology Act, 2000, the rules made there under, and the amended provisions pertaining to electronic records in various other 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.
IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THESE TOU, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
“Mynk” shall mean the mobile application, including but not limited to Mynk iOS Mobile applications, and any other platform which may allow you to access and/or use the Mynk via any other device/medium;
"Company," "we," "us," or "our" includes any other companies that are the Company’s subsidiaries and affiliates.
"Content" means and includes, without limitation, any video, information, data, text, User profiles, software, tags, graphics, analytics, and interactive features generated, provided, or otherwise made accessible or inputted either by you or by us or our partners on or through Mynk.
“You” or “User” or “Consumer” shall mean any registered user of Mynk, or his/her representatives or affiliates who are registered on Mynk.
2. Updation of Terms and Mynk
2.1. Your use of Mynk is subject to these ToS, which may be updated, amended, modified or revised by us from time to time. Each such updation or modification to the ToS will be communicated to You through appropriate means, as a best practice, we encourage You to refer to these ToS from time to time to ensure that You are aware of any additions, revisions, amendments or modifications that we may have made.
2.2. The Company reserves the right, in its sole discretion, to modify or replace all or any part of the ToU, or add, change, suspend, or discontinue all or any part of Mynk at any time by posting a notice on Mynk and by sending You an email (as it deems fit). Your continued use of Mynk following the posting of any changes to the services (including the addition or removal of features) constitutes Your acceptance of those changes. Any information You provide to us for the purposes of registering and setting up your account (as specified below) shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs on Your account (including those of other users) and for maintaining the security of your account and any information You input.
2.3. At some point, we may wish to update the app. The app is currently available on iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Mangata Technologies Private Limited does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
3. Mynk Service(s)
3.1. The Company provides an interactive mobile platform, namely Mynk for its Users to watch third party generated and licensed video and cinematographic content on their mobile devices.
3.2. You agree to use Mynk, 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 ToU) content and information contained on or obtained from or through Mynk. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in Mynk; use any robot, spider, scraper or other automated means to access Mynk; decompile, reverse engineer or disassemble any software or other products or processes accessible through Mynk; insert any code or product or manipulate the content of Mynk 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 Mynk, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of Mynk if you violate these ToU or are engaged in illegal or fraudulent use of Mynk.
3.4. The Content available on Mynk is only for your personal and domestic use, you are prohibited from using, reproducing, copying or using the Content for any commercial, illegal or any such other purposes except for viewing domestically. During your usage of Mynk and for the limited purpose of viewing the Content we grant you a limited, non-exclusive, non-transferable right to access the Mynk and view Content. Except for the foregoing, no right, title or interest shall be transferred to you.
3.5. Mynk is designed to provide its Users an optimum and enriching viewing experience the same is dependent on functioning of certain factors that are not entirely under the control of the Company. In case Your usage of Mynk is interrupted or stalled due to following reasons, the Company under no circumstances shall be liable for any damages or claims:
i. Failure of an active internet connection, including but not limited to the internet services provided by your telecom service provider or from any active wifi connection.
ii. Where your device, which is being used for the purpose of viewing the Content and accessing Mynk malfunctions or is not working or performing properly.
iii. If you’re using Mynk outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
4. Third Party Content
4.1. Our Site may contain information, materials, products, services, videos or Content and other data from external sources ("Third Party Content"). We do not endorse or assume any responsibility for any such Third Party Content. Please note that such Third Party Content is provided on ‘as is’ and ‘as available’ basis and we are not responsible for the nature and contents of such Third Party Content.
4.2. Mynk may allow you to temporarily download content (subject to Mynk's usage rules), which in turn may contain Third Party Content. You agree to be bound by the terms and conditions governing such Third Party Content. You cannot download content in violation of any licenses or sub-licenses or other necessary permissions required for the use of content owned by such third party. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for infringement of any proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets, or other intellectual property of any such third party.
5. Rules and Conduct
As a condition of use, You promise not to use Mynk for any purpose that is prohibited by the ToU, by law, or other rules or policies implemented by us from time to time. Mynk (including, without limitation, any Content) is provided only for Your own personal, non-commercial use. By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of Mynk or any activities conducted on Mynk; (iii) bypass any measures we may use to prevent or restrict access Mynk (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Mynk, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of Mynk and the Content; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
6. Content Ownership and Copyright Conditions of Access
The Content on Mynk are either (i) provided by third parties and licensed to the Company, or (ii) or created by the Company and belong to Company. Any and all Content provided to You on Mynk is solely owned by the Company and You have no rights over such Content except for the limited provided under this ToU. Your copying of the copyrighted Content published by Company on Mynk for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly.
The Company reserves the right to suspend or terminate Your access to Mynk and the with or without notice and to exercise any other remedy available under law, in cases where,
i. You are in breach of any terms and conditions of this to u;
ii. The Company is unable to verify or authenticate any information provided to Company by You;
iii. The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part; or
Mynk AND THE CONTENT THEREIN (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) Mynk WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH Mynk IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING Mynk WILL MEET YOUR REQUIREMENTS. YOUR USE OF Mynk IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/JV partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, Mynk, or (ii) Your violation of the ToU or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in connection therewith.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (II) FOR YOUR RELIANCE ON THE SERVICE; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR 100/-; OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
11. Reviews and Feedback
You agree that we may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i. Obtaining feedback in relation to Mynk; and/or
ii.Resolving any complaints, information, or queries by received from you regarding the Mynk;
iii.and you agree to provide your fullest co-operation further to such communication by Company.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto Mynk, the Terms or any transactions entered into on or through Mynk shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and You hereby accede to and accept the jurisdiction of such courts.
The ToU are the entire agreement between You and Company with respect to use of Mynk, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Company with respect to Mynk. If any provision of the ToU is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToU will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToU are personal to You, and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToU and neither party has any authority of any kind to bind the other in any respect. All notices under the ToU will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
If You have any questions regarding Mynk, please contact Company at [●] or reach out to our service care number. Please note that for the purpose of validation, You shall be required to provide information (including, but not limited to Your email address, contact number or registered mobile number, etc.).