Terms of Use
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. MyPlex Platform (“Apalya Technologies” / “http://apalya.com/”) is owned and operated by Apalya Technologies Pvt Ltd a Company incorporated under the provisions of the Companies Act, 1956 and deemed to exist within the purview of the Companies Act, 2013 and having its registered having its registered office at 8-2-293/82/A/1098, Plot No. 1098 2nd Floor, Road No. 36, Jubilee Hills Hyderabad – 500033. These Terms of Use (“Terms”) govern your access to and use of Apalya Technologies website or its related mobile sites, OTT platform, TV softwares or other software applications. In the Terms, reference to “User” or “You” or “Your” or “Yourself” shall mean the user accessing Apalya Technologies. “Apalya Technologies” or “We” or “Our” shall mean Apalya Technology . “Application” shall mean Apalya Technologies website or its related mobile sites, OTT platform, TV softwares or other software applications offered by Apalya Technologies. “Apalya Technologies Services” shall mean the Content or Programmes offered to User’s from time to time by Apalya Technologies in connection with its business through its website or related mobile sites, OTT platform, TV softwares or other software applications. Please read the following Terms of Use, very carefully as your use of the Application and associated services is subject to your acceptance of and compliance with the following Terms of Use including the applicable policies which are incorporated herein by way of reference and as amended from time to time.
Access
Use of Apalya Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. Apalya Technologies Services are for a general audience; are not targeted to persons under the age of 18 years. We don’t knowingly collect personal information from person less than 18 years of age. If we become aware that persons less than 18 years of age have provided us with information for becoming a Subscriber, we take steps to remove such information and terminate such accounts. We permit you to use certain features of the site without being registered with or subscribed to Apalya Technologies Services (“Guest” or “Visitor”). Upon registering in our site as subscriber (“Subscriber”), we permit You to avail certain additional features. In order to utilize the entire feature of our site, we advise you to pay the subscription fee and become a paid subscriber (“Paid Subscriber”). The Site is intended solely for your personal and non – commercial use. We may change, suspend or discontinue the Site (or any feature thereof) at any time. We may also impose limits on certain features and services offered on the Site or restrict your access to parts or all of the Site without notice or liability. You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation (i) equipment malfunctions; (ii) periodic maintenance, procedures or repairs which we may undertake; or (iii) causes beyond our control or which are not reasonably foreseeable by us.
Registration
For using certain features of the Site, you are required to register on the Site for which you have to provide us your email id and/or mobile number and set a password. All registration information you submit to create an account must be accurate and kept upto date. You shall not provide the name of another person with the intent to impersonate that person. We reserve the right to refuse registration of or cancel your registration, in our sole discretion. If we cancel your registration, you agree that you will not create another one or otherwise try to access the Apalya Technologies Services without our permission. You are responsible for maintaining the confidentiality of your password and are responsible for use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, name, email address or password of another member or subscriber at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify us immediately if you suspect any unauthorized use of, or access to, your account or password.
Subscription Fee
You hereby agree that for subscribing to certain feature of the Site, you shall be required to pay the requisite subscription fee to Apalya Technologies as per the subscription plan selected by you (“Subscription Fee”). The Subscription Fee shall be inclusive of applicable taxes. Apalya Technologies enable you to pay the subscription fee either through net banking or credit card or debit card using the payment gateway, (or other payment services as commonly available . If you opt to be a paid subscriber, our payment gateway partners collect information with respect to Your bank account or credit or debit card details. This information is stored by our payment gateway partners. Such payment gateway partners are not controlled by us. When you visit such payment gateways you do so at your own risk. These payment gateways may have their own privacy policies in place, which we recommend You to review if You visit any such payment gateways. We do not assume any responsibility or liability for such payment gateways, the content of such payment gateways and their privacy practices, nor do we endorse them. Payment Gateways are managed by third party providers and you are required to follow all the Terms of Use of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number / credit card / debit card details and the like. You agree and acknowledge that Apalya Technologies shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of the payment instruction or any credit / debit card fraud. You understand that Subscription fee once paid is non-refundable. The subscribed services will be automatically terminated once the subscription period is over and Subscription fee for renewal not paid. You acknowledge that we reserve the right to charge subscription fees for any portions of Apalya Technologies Services.
Limited License to use
Apalya Technologies Services are offered for your personal use only and may not be used for commercial purpose. Apalya Technologies services contain information, text, files, images, videos, sounds, musical work, work of authorship, software, applications, product names, company names, trade names, logos, designs and any other materials or content (collectively “Content”) of Apalya Technologies, its licensors, or assignors (“Apalya Technologies Content”), as well as content provided by users or other third parties. Content contained in Apalya Technologies Services is protected by copyright, trademark, trade secret and other laws. As between you and us; Apalya Technologies and its licensors, own and retain all rights in the Apalya Technologies content. We hereby grant you a limited, revocable, non-sub licensable license to access and view the content solely for your personal, noncommercial use in connection with using Apalya Technologies Services. You agree to use the Application in lawful manner and not to : Violate any applicable laws or regulations including but not limited to copyrights act in connection with your access or use of the Application or the content; Delete or revise any information provided by or pertaining to any other user of Apalya Technologies Services; Cover, remove, disable, block or obscure advertisements or other portions of the Apalya Technologies Services; Attempt to decipher, decompile, disassemble or reverse engineer any of the software in the Application or Apalya Technologies services; Interfere with, damage, disable, disrupt, impair, create an undue burden on or gain unauthorized access to the Apalya Technologies services, including Apalya Technologies servers, networks or accounts; Manipulate identifiers or numeric information to disguise the origin of any user, device, material or other information; Use the Application for any activity relating to infringement of any intellectual property rights, including any trademarks, service marks or trade names, privacy rights, etc. Use the Application or the Content for any revenue generation or any other purposes for which it is not designed or intended; Use the Application for data mining, scraping, crawling, redirecting or for any purpose not in accordance with the terms of use; Use the Application to attempt to interfere with the proper display of the Content; Use the application for creating a service or software that is directly or indirectly competitive with the Application or any Services offered by Apalya Technologies. Access the content by any means other than through the Application. You shall unless explicitly provided herein, neither directly or through the use of any device, software, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish / republish, modify, translate, broadcast, perform, publicly, display, sell, transmit or retransmit, edit, re-use, adapt, incorporate or create any derivative works of, any Content Streamed / viewed / downloaded from the Application.
Privacy
For information about our policies and practices regarding the collection and use of your information, please read our Privacy Policy. This Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your use of or of presence on our site, application and other places where any of Apalya Technologies Services are available are governed by the Privacy Policy in effect at the time of your use.
Disclaimer
Apalya Technologies Services are provided “As Is”, “With All Faults” and “As Available” basis and Apalya Technologies does not guarantee or promise any specific results from use of or continuous availability of Apalya Technologies Services. To the fullest extent permitted by applicable law, Apalya Technologies expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security and accuracy. Without limiting the generality of the foregoing, Apalya Technologies makes no warranty that your use of the Apalya Technologies services will be uninterrupted, timely, secure or error free, that defects to Apalya Technologies services will be corrected, that Apalya Technologies services or the servers on which they are available will be free of viruses or other harmful components, or that any information obtained by you on, through or in connection with Apalya Technologies services or third party services (including, but not limited to, through user content or third party advertisements) will be accurate, reliable, timely or complete. Under no circumstances will Apalya Technologies be responsible for any loss or damage (Including but not limited to loss of data or property damage,) resulting from use of Apalya Technologies services, problems or technical malfunction in connection with use of the Apalya Technologies Services, any material downloaded or otherwise obtained in connection with the Apalya Technologies services, any third party advertisement or third party service transmitted on, through or in connection with the Apalya Technologies services, or the conduct of any users of the Apalya Technologies services. Your use of third party advertisements, third party services and the goods or services provided by any third parties is solely your responsibility and at your own risk. It is responsibility of the User to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available on / through the site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice or other content. You further agree that Apalya Technologies is not under any obligation to screen, censor or edit any portion of the content before providing to you. You acknowledge and agree that your use of Apalya Technologies Services, and any information transmitted or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. You assume full responsibility for the entire cost of any maintenance, repair or correction to your computer system, mobile device, TV or other property or recovery or reconstruction of lost data necessitated by your use of Apalya Technologies services.
Third Party website
User understand and agree that Apalya Technologies may allow third parties to put up advertisements on the Application, and Apalya Technologies does not control the contents of such third party advertisement on the Application. The Application may include hyperlinks to various external websites/applications or platforms. Such third party websites / applications are governed by their respective privacy policies, which are beyond our control. Apalya Technologies does not in any manner whatsoever authenticate, endorse, verify or certify these third party websites or any of their contents or services. Please note that you are clicking the link to the third party websites / applications at your sole risk and responsibility. Once you leave our servers (you can tell where you are by checking the URL in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the third party website / application you are visiting. That policy may differ from ours. If you can’t find the privacy policy of any of these websites / applications via a link from the website’s homepage, you should contact the website / application directly for more information. if you opt to visit / use those links the said websites or platforms may require you to disclose your information’s. You acknowledge and agree that we are not responsible for any collection or disclosure of your information by any external sites, applications, companies or persons thereof. You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the collection and / or disclosure of your information via third party links, as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, product services or other materials on or available via such third party links. This will include all transactions and information transmitted therein, between you and any such third party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between you and the aforementioned third parties.
Indemnity
You agree to indemnify and hold harmless Apalya Technologies and its affiliates and its and their respective officers, directors, employees, representatives, licensees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorney’s fees and costs) that such parties may incur as a result of or arising from (i) any of your submissions; (ii) your use of and access to the Site, content and services; (iii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms of Use; (iv) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use; (v) the violation of any Applicable Law; (vi) the violation of the Terms of Use by you and / or anyone using your registered account to access and / or otherwise use the Site (in whole or in part); or (vii) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and / or such other person’s) use of the Site (in whole or in part); (viii) any unauthorized, wrongful, unlawful or illegal use of your account by a third party with or without your consent.
Limitation of Liability
You understand that to the extent permitted under applicable laws, in no event will Apalya Technologies or any of its affiliates or any of their respective officers, employees, directors, shareholders, agents, licensors or assignors be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory or otherwise) for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including but not limited to damages for loss or revenues, profits, goodwill, data or other intangible losses (even if such parties were advised of or knew of or should have known of the possibility of such damages), resulting from your use (or the use of anyone using an account registered to you) of the site or any parts thereof.
Force Majeure
Notwithstanding anything contained in this Terms of Use or elsewhere, Apalya Technologies shall not be held responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A “Force Majeure Event” shall mean any event that is beyond the reasonable control of Apalya Technologies and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes or industrial action of any kind, riots, insurrections, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc. Termination Should you breach any of the provisions of these Terms of Use, we reserve the right to terminate your account without notice. In the event your account is terminated for breach during your paid subscription period, you will not be entitled to any refund. Arbitration In the event of any dispute, difference or question arising between the parties to the Privacy Policy in connection with this Privacy Policy or concerning anything herein contained or in connection with or arising out of use of the Apalya Technologies Platform / Services or as to the rights, liabilities or duties of the said parties, hereunder, which cannot be mutually resolved by the parties within 30 days of arise of such dispute, the same shall be resolved by the arbitration proceedings by the Sole Arbitrator to be appointed mutually by the parties. The arbitration proceedings shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the rules made there under, as amended from time to time. The Venue of the arbitration shall be Hyderabad . The Language shall be English. Hyderabad, Telangana alone shall have exclusive jurisdiction in connection to any such dispute mentioned above the exclusion of any other courts that may otherwise have had such jurisdiction.
General
If any provision of the Terms of Use is held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. All obligations hereunder incurred prior to and which by their nature would continue beyond termination or expiration of this Terms of Use shall survive such termination or expiration, as the case may be. The failure of Apalya Technologies to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such rights or provision. This agreement shall be governed by and construed in accordance with the laws of India.
Support
In the event you come across any concern in the site operation including any abuse or violation of the Terms of Use of the Site, then please be free to mail us these concerns to : contact@apalya.com