Last updated: 05 December 2018

Terms of Use

The site “Chinmaya clix” and the services available in connection with the site “Chinmaya clix” (the “Service”) are made available to you by Central Chinmaya Mission Trust (CCMT), (“CCMT”, “we” “our” or “us”), subject to these Terms  of Use, and our Privacy Policy (collectively, the “Terms”). Your  use of the Service constitutes your agreement to these Terms. These Terms constitute a legally binding Agreement between you and CCMT regarding your use of the Service that allows access to and/or view the video, audio and other Content through such site. Content in relation to the Service provided means and includes all video, audio, text, graphics, images, music, software or any other materials available on the site.

You hereby represent and warrant to CCMT that you are at least eighteen (18) years of age and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following Terms.  While individuals under the age of 18 may utilize the Service, they may do so only with the prior consent of such person and under such person´s account who is legally bound by these Terms. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to utilise the Service.

CCMT reserves the right at its sole discretion, to change, modify and/or add to these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to become aware of any changes. Your use of the Service or any part thereof after any changes to these Terms are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Service. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/or the Service or any portion thereof with or without notice.

Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and its use as set out in these Terms. By submitting your information you are consenting to these transfers.

The Services may contain Linked Website that is not owned or controlled by us. We have no control over and assume no responsibilities for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third party websites. By using the Service, you expressly relieve us from any and all liability arising from your use of any third party websites. Accordingly, we strongly encourage you to be aware when you leave our website and read the terms and conditions as well as privacy policy of each of these third party websites that you visit.

Registration and User Data

We will require you to register or otherwise provide information about yourself in order to use the Service or certain of its functionalities. You agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) as prompted by the Service; and (b) maintain and promptly update any User Data provided during registration, if applicable, to keep it accurate and current. You consent and agree that CCMT may access, preserve and disclose your User Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of CCMT, its users and the public.

Your account will have a valid username, password for the purpose of accessing the Service (the “Log-In Information”). You must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the assigned user “the User”.  The User is responsible for maintaining the security and confidentiality of all Log-In Information and for preventing access to the Service by unauthorised persons, unauthorised access to or use of the Service by someone using a User’s Log-In Information may be attributed to such User.

 Use of Service And Content

You acknowledge and agree that the Service is provided to you solely as a streaming service. You further acknowledge that the Content is available only for a single registered user and you shall not log into your account from no more than one device at a time. To facilitate your viewership and access, the Service and Content is available in different models such as, (a) purchase of Content for viewing over an indefinite period of time (Purchase) (b) access the Premium Content on a subscription basis for viewing during a limited period of time throughout the subscription period (Subscription) (c) rent a single Content for viewing over a limited period of time (Rent). The Content may be available as Purchase, Subscription, Rent, or any combination of those and in each case is subject to the limited license granted herein. The Content can also be gifted to any third person by purchasing a gift card from the site. You agree not to download any copy of the Content provided via the Service after viewing it, even if your device is capable of retaining Content in its internal or removable memory. You also acknowledge and agree that the Service will be limited to the jurisdiction selected by you at the time of registering with us. With this you accept that if you want to avail the Service provided, beyond the selected jurisdiction you will have to re-register to the Service in the event that you wish to use the Services from a different territory other than the one from where you originally registered to the Service.

We may at our sole discretion, with or without notice and without any liability to you: (a) replace or otherwise withdraw any Content, Subscription Packages or Renting Packages; (b) change, reduce or restrict the viewing time of any Service; (c) blackout any Service and (d) modify the prices for Purchases, Subscription Packages, Renting Packages or any part of the Service.

The quality of the display of the Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection, and/ or quality of user’s hardware. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive Content in all formats. Default playback settings on cellular networks exclude Full HD. The minimum connection speed for SD quality is 0.75 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 3 Mbps per stream is recommended to receive HD content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

Purchase

All Purchases made are final and allows a single user to add the content to their library with no further commitment. The content added this way remains in the user’s registered account indefinitely.

The Service may sometime have a limited edition section where you will find huge markdowns on last chance purchases on the content.

Subscription

To able to view the Premium Content, you will be required to subscribe to any one of the subscription packages available on the site from time to time. The Subscribers to the Premium Content shall be entitled to full free flexibility to access the Service, solely at the discretion of CCMT. If you wish to avail the Service after the expiry of the initial term of subscribed Premium Content, you shall prior to expiry of such term, recharge your account with the then prevailing subscription charges, subject to the availability of subscription package.

Rent

You can rent any Content from the offers provided on the site from time to time. The rented Content shall be made available to you only for the selected period of time opted by you at the time of availing this service. You must finish viewing the Content prior to the expiration of the applicable expiration window which is from date of your payment of rental fee.

Gift Cards

You can also avail the Service by purchasing a gift card of any amount which can be gifted to any third person subject to following terms and conditions:

• The Gift card shall be valid for a period of 1(one) year from the date of its issue;
• Gift card is not redeemable for cash or credit nor can be exchanged for a gift card;
• The Gift card can be redeemed only on this site;
• The Gift card once purchased cannot be returned or refunded;
• CCMT shall not be liable and responsible for any unauthorised and/or fraudulent purchase(s) made using this Gift card;
• The holder of the Gift card shall be solely responsible for its safe custody and the credentials mentioned on it;
• Multiple transactions can be performed on Gift card until the value of card is exhausted;
• Multiple Gift cards can be clubbed for single transaction;
• If the invoice value is greater than the Gift card then the person can pay the balance amount through Debit Card/ Credit Card or net banking account or cash card or via any other mode made available for making payments through mediums as authorised in your territory and as provided by CCMT.

The holder of the Gift card shall be equally bound by the terms as mentioned herein in the same way as it is applicable to an user of the service.

Restrictions

CCMT grants you a temporary, non-exclusive, non-transferable, conditional, limited right to access and view the Service therein for your personal, and non – commercial use only, subject to the conditions provided below, during the period which you are bound by these Terms.  You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service. You agree not use the Service to transmit or otherwise make available: (a) any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or in violation of the rights of another person; (b) any Content that you do not have a right to make available under any law (including intellectual property laws) or under contractual or fiduciary relationships; (c) any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”. or any other form of solicitation; or (d) any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further agree not to: (i) interfere with or disrupt the Service or servers or networks connected to the Service in any manner, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law (including but not limited to export control laws); (iii) use the Service to harm minors in any way; or (iv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

You agree not to access the Service: (i) by any means other than through the interface that is provided by CCMT for use in accessing the Service; (ii) through any automated means (including the use of any script, web crawler, robot, spider or scraper); or (iii) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

Cancellation and Refunds

All fees and charges are non-refundable and there are no refunds or credits for partially used periods and/or unwatched Content. Any changes in the Service plan opted by you is effective only after the expiry of the current plan for which you have already been billed. Subject to the terms and conditions mentioned herein, if we fail to deliver a Service of the Content which was availed by you, CCMT at its sole discretion will refund the Net of The Actual Amount charged from the user. The balance amount shall be refunded back to your bank account or to any such medium, which was used for the particular transaction.

Billing

By using the Service, you are expressly agreeing that CCMT is authorised to charge you any applicable purchase, subscription or rental fees or taxes and any other charges you may incur in connection with your use of the Service to the payment method you provided during registration (or to a different payment method if you change your account information). The fees and charges for selected Content, applicable taxes and any other fees incurred will automatically be charged to your payment method in your Account. Depending on services availed by you, you will be required to make online payments through your credit card or debit card or net banking account or cash card or via any other mode made available for making payments through mediums as authorised in your territory and as provided by CCMT for accessing and browsing the Service.. In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, you must use your own credit card and/or debit card and/or net banking account and/or cash card. You also understand and acknowledge that CCMT only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions 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 details and the like. You agree and acknowledge that CCMT shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

Linked Website

Our site and Service may contain Linked Websites. You acknowledge and understand that Linked Websites are necessary for us to provide the Service. Such Linked Websites are provided to you only as a convenience. We shall not be responsible if the Linked Website is not working appropriately. We have no control over such Linked Website and resources and we shall not be responsible for the contents of any Linked Websites. You are responsible for viewing and abiding by the privacy statements and terms of use posted on the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.

Any dealings with third parties over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the other third party. You agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. We have no responsibility or liability for any merchant or your relationship with such merchant.

Use of Provided Communications Methods

You agree to use communication methods available on the Service (if any) only to send communications and materials related to the subject matter for which CCMT provided the communication method and only subject to these Terms. You agree that (a) all communication methods constitute public means of communication between you and the other party or parties, and (b) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by CCMT in any manner, though CCMT reserves the right to do so at any time at its sole discretion in accordance with the Terms.

Proprietary Rights

You acknowledge and agree that the Service, any necessary software used in connection with the Service (“Software”) and any Content available on the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge and agree that the Service is provided to you solely as content streaming and for your personal, non-commercial home use only. You agree not to retain any copy of the Content provided via the Service after viewing it, even if your device is capable of retaining Content in its internal or removable memory. CCMT grants you a restricted personal, non-transferable, non-exclusive, terminable license to access and use the Service on a single device solely as contemplated in these Terms, provided that you do not reverse engineer or otherwise attempt to discover any source code of the Service.

The copyrights, service names and trademarks are the exclusive property of CCMT and you may not use or display such intellectual property in any manner without CCMT’’s prior written consent. Any third party trademarks or service marks displayed on the Service are the property of their respective owners.

If you provide comments, suggestions or feedback about, or in connection with, the Service to CCMT or its site, you hereby grant to CCMT a perpetual, irrevocable, non-exclusive, fully-paid-up license to use, reproduce, modify, create derivative works of, make, have made, sell, offer for sale, distribute, import and otherwise exploit such suggestions or feedback in connection with the products and services of CCMT, including the right to sub-license any of the foregoing rights to others. Publishing/displaying any comments, suggestions or feedback made by you in connection with the Service or the site will only be after CCMT’s perusal and approval.

Disclaimer and Limitation of Liability

We make no warranty that the Service will meet your requirement or that the Service will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Service or your account are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. All use of the Service is at your own risk and you are solely responsible for all damages resulting therefrom.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICE, ANY USER GENERATED CONTENT (POSTED ON THE SITE) OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.

Any illustrations, examples given in the content by any of our Swamijis / Orators should not/will not be quoted anywhere, nor be taken personally or should not be taken politically .

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Service, any user, or any other person related to or resulting from use of the Service, viewing, playing or downloading any materials on or from the Service, or otherwise in any way in connection with the Service. The Service is provided on an “AS-IS” basis and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Service shall create any warranty not expressly stated herein.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT INDIRECT CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES AND/OR DAMAGES WHATSOEVER SUFFERED INCURRED AND/OR SUSTAINED BY YOU THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, ANY CHANGES TO THE SERVICE OR UNAUTHORISED ACCEESS TO OR ALTERNATION OF YOUR TRANSMISSION OR DATA, OR COMMUNICATION, TRANSMISSION, MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR ARISING IN CONNECTION WITH THE FRAUDULENT OR UNLAWFUL ACTS OF ANY THIRD PARTY, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SERVICE, ITS CONTENT, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR WITH THE PROVISION OF THESE TERMS AND NOTICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE.

Indemnity

You agree to indemnify, defend and hold CCMT, its Trustees, officers, employees, agents, licensors, suppliers and any third party information providers to the Service fully harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from:

1. your use of or conduct or access to and on the Service
2. your violation of any term of these Terms
3. your violation of any third party right, including without limitation any copyright, property or privacy rights

This indemnification obligation will survive these Terms and your use of the Service. This clause is for the benefit of CCMT and its Trustees, officers, , employees, agents, licensors and suppliers to the Service. Each of these individuals or entities shall have the right to assert and enforce this clause directly against you on its own behalf.

Termination

Without limiting anything herein contained, we reserve the right to cancel, withdraw, terminate or suspend your access to the site and the Service for any reason whatsoever at is sole discretion without notice to you.

In addition to any termination rights, we may have under these Terms, we may suspend or terminate your account, membership and/or access to the site and Service without notice and in its sole discretion if:

1. We, at our sole discretion cease to offer any free trailers, but such termination or suspension shall solely relate to such services; or
2. Your account has been inactive.
3. We suspect fraudulent use; or
4. You materially violate these Terms, any applicable law, rule or regulation relating to the use of the site and Service; or
5. Any law, regulation, or governmental action renders all or any portion of the site or Service unlawful or impracticable; or
6. Your use of the site impairs or threatens to impair the integrity or functionality of the CCMT’s network in any manner; or
7. if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.

YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CANCELLATION, WITHDRAWAL, TERMINATION OR SUSPENSION OF YOUR ACCESS AND/OR USE OF THE SERVICE AND YOU HEREBY RELEASE US FROM ANY LIABILITY WHATSOEVER.

Free Trailer

The concept for a free trailer of the Content will be as per CCMT’s discretion.

Changes to the Price and Service Plans. 

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

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Service. The Terms constitute the entire agreement between you and CCMT with respect to your use of the Service. The failure of CCMT to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms and the relationship between you and CCMT shall be governed by the laws of India without regard to its conflict of law provisions. All claims arising out of or relating to the Terms or the Service shall be subject to the courts in India, and you consent to personal jurisdiction in those courts. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.