This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various 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. This is a legal agreement between you, the user (‘You’) of the Services, as defined below, and Mashal Sports Private Limited (“Mashal”) stating the terms that govern Your use of the Site, as defined below. If You do not agree to these Terms and Conditions, you are not entitled to use the Services and any use thereafter shall be unauthorized.
The [www.prokabaddi.com] website (the "Site") hosts the online video service offering a selection of sports programming (including live streaming and highlights of sporting events), television shows, movies, clips, and other content, current or as may be added in future (collectively, the "Content"). The Site is maintained and operated by Mashal SportsPrivate Limited , having its registered office at 2nd Floor, Esteem Regency, 6 Richmond Road, Bangalore 560025, Karnataka India (“Mashal”). The video service, the Content, the player for viewing the Content (the "Video Player") and all other features, tools, applications, materials, or other services offered from time to time by Mashal in connection with its business, however accessed, are referred to collectively as the "Services".
The Content is available for permissible viewing on or through one or more of the following platforms (collectively, the "Properties"):
i. The Site;
ii. Mashal's affiliate and distributor websites;
iii. other websites where website operators are permitted to embed the Video Player; and
iv. any other authorized applications, websites, features or devices launched or operated by Mashal and/or its affiliates from time to time.
When You use/avail the Services or access the Properties or send any data, information or communication to Mashal, You agree and understand that You are communicating with Mashal through electronic records and You consent to receive communications via electronic records from Mashal periodically and as and when required. Mashal will communicate with You by email and/or any push or other message or electronic records on the email address and/or mobile number You shall submit to Mashal at the time of registration for the Services, which will be deemed adequate service of notice / electronic record.
Copyright and Trademark Rights
The Content which is viewed on the Properties (including all video, audio, graphics, text, images, photographs, user interface and all other content and the selection, coordination, and arrangement of such Content) is copyrighted material of Mashal and/or Mashal’s licensors, and You agree not to use the Content or any part thereof except as provided in these Terms and Conditions, without the prior written permission of Mashal. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the Content comprising the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
Mashal (or Mashal’s affiliates or licensors or third parties) owns all rights in the product names, company names, trade names, logos, product packaging and designs ("Trademarks") that appear in the Content and Mashal or such affiliates or licensors or third parties, as the case may be, owns all Trademarks in their respective products or services, whether or not appearing in large print and with or without the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under applicable law in India and other jurisdictions. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in these Terms, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
Access and Use of the Services
Mashal grants You a non-exclusive limited license to use the Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, only for personal, non-commercial purposes as set forth in these Terms and Conditions. Any other use, including for any commercial purposes, is strictly prohibited without Mashal’s express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.
Registration may be required for certain portions of the Services. No user will be granted access to any registration-required portions of the Services unless he or she has completed the necessary registration and paid the Subscription Fees, if any, associated with access to such portion of the Services. You may register for the Services using either Your personal email address or through your Facebook account and by following the instructions You receive from Mashal pursuant to submitting your details, to complete the registration process. If you choose to register through Facebook, you will be required to enter the details of your Facebook account information on the Site. You agree and represent that the Facebook account information provided by you is true and accurate and that such account relates to you and no other person. Mashal and/or its group companies shall be in no way responsible for verifying the accuracy of the personal information submitted by You and You shall at all times continue to remain liable for the same. You agree and confirm that by choosing to register on the Site through your Facebook account, certain information (including your friend lists and your account information) shall be accessible to Mashal and You consent to Mashal’s access and use of the such information.
By agreeing to use/avail the Services:
● You confirm and warrant that all the data and information supplied by You when You register for subscribing the Services and provided by You to Mashal and or any Mashal’s affiliates, distributors (“Registration Data”) is true, current, complete and accurate in all respects.
● At the time of subscribing to the Service, You agree to collection of the Subscription Fee (as defined below) by Mashal associated with the subscribed Services You select, through any of the Payment Methods using any of the payment gateways (“Payment Gateway(s)”) authorized by Mashal; currently the authorized Payment Gateways are BillDesk and Paypal. “Payment Methods” means payment of the Subscription Fees through use of credit card/ debit card/ internet banking/ mobile payment (IMPs) or cash cards or any other payment method authorized by the Payment Gateways from time to time.
● Upon providing your Registration Data and completing the payment of the Subscription Fees, you will be allowed to generate a unique login username and password (“Login”), which will be unique to You and shall be your identity for the purpose of using the Services. You agree to promptly update the Registration Data linked to Your Login, so that Your information remains true, current, complete, and accurate at all times.
● By using this Service You acknowledge that the subscribed Services are accessed through a computer, handheld device, mobile device, smart TV or OTT device (each a “Device”) via telecommunications/ internet connection. You are responsible for the provision of and payment for all telecommunications/ internet services and all other items of hardware or communications equipment necessary to enable You to access the subscribed Services. You are aware that video streaming uses extensive amount of data and additional charges may be levied by Your mobile or internet service provider for such data use. Mashal will not be responsible for any such additional data charges incurred by You. Not all features available through the Services (including but not limited to certain live streaming or high quality audio/video) will be available to you unless your Device satisfies the minimum technical system requirements that are listed on our FAQ section from time to time. As we make changes to or evolve the Services, the minimum system requirements may change. You are responsible for determining whether Your Device satisfies the minimum technical requirements before You register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that Your Device no longer satisfies the requirements, Your exclusive remedy will be to request termination of your access to the Services. Mashal will not be responsible, nor will You be entitled, for any refunds of Subscription Fees, for disruption, unavailability, or failure in Your telecommunications equipment and/or internet connection or services or if Your Device/ other equipment/ hardware system/ internet/ telecommunication service do not conform to the minimum system requirements as stated above.
● You may access Content using a single Login on a maximum of two Devices at any given point of time, irrespective of the platform. If You wish to access the Content from a third Device, You have to stop accessing Content through any of the previous two Devices.
● You agree that Mashal has the right to temporarily suspend access to the whole or any part of the subscribed Services for any technical/operational reason. Mashal may, but shall not be obliged to, give You notice of any interruption of access to the subscribed Services, to the extent it is reasonably practicable. Mashal will restore access to the subscribed Services as soon as reasonably practicable after temporary suspension. Mashal shall not be liable to You for any loss that You may incur as a result of such suspension or delay. If such suspension is for a continuous period of more than ten (10) days, then upon Your written request, Mashal shall refund or cause the refund of the monthly Subscription Fee for the relevant Subscription Period on a pro rata basis in which the aforesaid suspension occurred and this shall be Your sole and exclusive remedy for any suspension of subscribed Services by Mashal.
● You acknowledge that while Mashal shall take all reasonable steps necessary to ensure a high quality video feed, Mashal cannot control internet network congestion that may occur and affect the quality of the video delivered through the Video Player. You further agree and acknowledge that there might be delays, minor or otherwise, in transmission of the Services as compared to other forms of distribution of the Mashal network channels.
● You agree that Mashal shall be under no liability whatsoever to You in the event of non-availability of any portion of the subscribed Services occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Mashal.
● You acknowledge that Mashal reserves the unrestricted and discretionary right to change, rearrange, add or delete Services offerings, the selections in those offerings/packages, prices, and any other service Mashal may offer, at any time. Mashal will endeavor to notify You of any such change that is within Mashal’s reasonable control and its effective date. Unless otherwise specified, Subscriptions Fees once paid are non-refundable. Subscribed Services will automatically lapse once the Subscription Period is over.
● You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Further, You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any derivative work and/or material based on the Content.
● You agree that Mashal owns and retains all rights to the Services. You further agree that the Content You access and view as part of the Services is owned or controlled by Mashal and or its licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
● You agree that in order to access and use the Services You will choose a unique user ID and password (the "Password") at the time of registration for subscribing the Services. Your user ID and password will be your identity for the purposes of receiving and interacting with the Services and other users through the Services. You are responsible for the security and proper use of Your ID and Password and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people.
● In order to access the Services, a fee shall be charged by Mashal (“Subscription Fee”) for the subscribed Services. The rate at which Subscription Fee will be charged for Specific Services and packages of Services shall be specified on the Site from time to time and will be valid for such period of time as shall be specified against such Services/ packages on the Site (“Subscription Period”). At the end of the Subscription Period, You will have the option to continue or cancel with the subscribed Services.
● You agree that Subscription Fee paid by You for the subscribed Services is territory specific and the subscribed Services shall not be available to You in case You move out of territory. For the sake of clarity it is clarified that territory shall mean the geographical area for which the Services are on the offering.
● Mashal reserves the right to modify the price of any of the Services/ products offered for purchase through the Site or any other Properties. Your ability to purchase services/products offered for purchase through the Site or other Properties is subject to limits established by Your internet banking account or debit/credit card issuer. You must notify us immediately of any change in Your internet banking account or credit card information, including any change to your home address. By utilizing a credit or debit card for purchase of any of the services/products offered for purchase through the Site, You authorize Mashal to charge such card on a periodic basis as specified in the amount described on the Services/products purchase path(s).
Termination of Service
Mashal reserves the right to immediately terminate or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if Mashal determines in its sole discretion that You have breached these Terms and Conditions, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. You agree and acknowledge that the Subscription Fee shall not be refunded in case of early termination i.e. prior to expiry of Subscription Period for which Subscription Fee has been paid.
You hereby acknowledge and agree that once subscribed, until the expiry of the Subscription Period, you shall not be entitled for any reason whatsoever, to make any requests for swapping or changing the offerings and plans subscribed to by you with any other offerings or packages available on the Site or any other Properties and Mashal shall not be liable to accept or acknowledge any such requests.
User Reviews, Comments and Other Material
You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments (collectively, "User Material"). You agree that Mashal shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Mashal may determine, in its sole discretion, is inappropriate or for any other business reason. You agree to adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information that:
(a). belongs to another person and to which You do not have any right to;
(b). is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c). may harm minors in any way;
(d). infringes any patent, trademark, copyright or other proprietary rights;
(e). violates any law for the time being in force;
(f). deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g). impersonate another person;
(h). contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i). threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
You acknowledge that Mashal does not guarantee any confidentiality with respect to any User Material.
By Posting the User Material, You hereby grant Mashal a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license You grant to Mashal is non-exclusive, royalty-free, and sub licensable.
In no event does Mashal assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against Mashal with respect to such User Material.
If you have any questions or complaints relating to any User Material uploaded on the site, then please contact: [www.prokabaddi.com]
Your email, which must bear your digital signature or a signed written complaint should include the following information:
I. Details of the objectionable Post;
II. Details of the basis of the objection;
III. Other relevant information required by the Company to assess the complaint.
Linked Destinations and Advertising
Mashal is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Mashal. By using the Services, You acknowledge and agree that Mashal is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.
Mashal takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Mashal is not liable for any loss or claim that You may have against an advertiser.
If You have any questions, complaints or claims with respect to any of the Services, then such correspondence should be directed to firstname.lastname@example.org.
In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Manu Anand
Email Address: email@example.com
Phone Number: 6630 5555
Disclaimer of Warranties
You agree that use of the Services is at Your own risk. The Services including the Site, the Content, the Video Player, user material and any other materials contained on or provided through the Properties are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Mashal does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable
Compliance with Laws/Regulations
You are required to comply with all applicable laws and regulations in connection with your use of the Services. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by these Terms. Mashal reserves the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
Limitation of Liability
IN NO CASE SHALL MASHAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, MASHAL'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND IF ANY SUCH LAW PROVIDES FOR LIMITATION OF LIABILITY THEN MASHAL’S MAXIMUM AGREGGATE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY AGAINST MASHAL SHALL BE LIMITED TO SEEKING REFUND OF ONE MONTH’S SUBSCRIPTION FEE. YOU AND MASHAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SUBSCRIBED SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to defend, indemnify and hold harmless Mashal, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the subscribed Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) Your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of Terms and Conditions and Your use of the Service.
The relationship between You and Mashal shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that Mashal has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.
If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.