Terms and Condistions India

Terms of Use - India

Last updated: 26.09.2022

This electronic record is generated by a computer system and does not require any physical or digital signatures.

This is a legal and binding agreement between you, the user (“User” or “You”) of the Services, as defined below, and Bosna Digital Entertainment Private Limited having its registered office at Plot no. 161, Industrial Area, Phase II, Chandigarh- 160002, India stating the terms that govern Your use of the Site (as defined below), as defined below. BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS WEBSITE, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy accessible at www.chaupal.tv and any other terms which govern the Site (together referred to as “Termsof Use” or “Terms” or “Terms and Conditions”) AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT ENTITLED TO AVAIL OF / USE THE SERVICES AND ANY USE THEREAFTER SHALL BE UNAUTHORIZED.

Description of Service and Acceptance of Terms of Use

Bosna Digital Entertainment Private Limited is a company incorporated under the Companies Act, 2013, having its registered office at (“Bosna”) Plot No. 161, Industrial Area, Phase II, Chandigarh-160002, India.

BOSNA inter alia provides an online website www.chaupal.tv as an interactive platform for its viewers and any associated mobile sites, applications (“Site”) to inter alia view webseries , films, view videos and/or photos of their favourite characters etc. on the Site and any other features, tools, applications, materials, or other services offered from time to time by BOSNA in connection with its business, provided on the Site (“BOSNA Content”). (all such features of the Site collectively referred to as “Services”).

The Content will be made available to You through different modes, at the discretion of BOSNA . Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to BOSNA sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this Site and the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Site and availing of the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Site and the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that BOSNA may monitor or use certain technologies for monitoring of activities, as separately explained in BOSNA Privacy Policy. To facilitate Your viewership and access, the Services can be packaged by BOSNA via subscription through payment of a subscription fee as per the relevant subscription plan selected.

The Service can be availed through platforms, software and devices, which BOSNA approves from time to time, the current list for which is as set out below (“Compatible System”). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future.

The CHAUPAL website works best with:

The CHAUPAL applications work best with a minimum system requirement of:

Subject to compatibility, You may be able to access the Services through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by BOSNA (“Partner”).To access the Services at each instance, you would be required to undergo a two-step verification process to verify your login credentials such as your phone number, by way of a one-time password which will be sent to you simultaneously.

Use of the Services is subject to compliance with these Terms of Use.

Unless otherwise specified, the Services are available for individuals who have attained the age of majority in their jurisdiction (18 years in the case of India).If You are under the relevant age of majority in Your jurisdiction, You may access the Site and the Services under the supervision of an adult and in accordance with applicable law which enables a minor in your jurisdiction to access such a service.

BOSNA MAY CATEGORIZE AND CLASSIFY CERTAIN CONTENT AND PROVIDE DISCLAIMERS WITH RESPECT TO THE CONTENT, FOR VIEWERS TO CHOOSE SUCH CONTENT FOR VIEWING. SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO COMPLY WITH APPLICABLE LAWS AND EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE. BOSNA MAY DISPLAY A CONTENT DESCRIPTOR OR GUIDANCE MESSAGE THAT INDICATES AND INFORMS THE VIEWER ABOUT AGE-INAPPROPRIATE CONTENT FOR MINORS (FOR INSTANCE CONTENT TAGGED FOR VIEWERSHIP BY MINORS AGED 13 TO 18 YEARS). Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws, rules, and regulations.

Electronic Communications

When You use / avail the Services or send any data, information or communication to BOSNA , You agree and understand that You are communicating with BOSNA through electronic media/ records and You consent to receive communications via electronic records from BOSNA periodically and as and when required BOSNA will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with BOSNA or made available to BOSNA through a Partner which will be deemed adequate service of notice / electronic record.

You acknowledge and specifically consent to BOSNA or our respective affiliates and partners contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes, which will enable BOSNA to deliver the Services to you and/or enhance the delivery of the Services to you:

You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You including via emails or other electronic and internet-based means.

In addition, you will be sent a one-time password via SMS to your registered mobile number, to verify your login on the Site using a mobile number.

The Content contained in the Services including but not limited to on the Site is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms and Conditions, without the written permission of BOSNA.

Subscription Services

The Content made available on the Site can be availed only by registered Users who have registered under a subscription model (“Subscription User”). You may need to register Yourself on the Site to avail these services on a subscription model (“Subscription”). To become a Subscription User, You may be required to provide certain personal information to BOSNA and may be required to make payments (“Subscription Fee”) as per the applicable membership plan through a debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by BOSNA (“Payment Method(s)”) that You opted for during registration BOSNA will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to BOSNA . BOSNA may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary.

Free Trial

Availability of free trial is solely at the discretion of BOSNA. Some of the contents (episodes) may start with a free trial. This free trial may last for any period of time determined by BOSNA on its sole discretion. Further, such free trial(s) can be modified, suspended or terminated by BOSNA at any point of time without giving notice to You.

Payments

Information related to

The Subscription Fee for a particular selected by you, will be billed at the beginning of the Subscription membership.The Subscription will be effective from the date on which you select such plan and make appropriate payments as necessary.

In case of change in the Subscription Fee for a particular membership plan that is already opted by You, BOSNA will give You an advance notice of these changes.

The Subscription Fees for each Subscription plan are inclusive of applicable taxes.

The Subscription Fees are non-refundable irrespective of whether the Subscription has been availed by You or not.

Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail You with a refund for any portion of the Subscription Fee paid by You for the unexpired period.

You also understand and acknowledge that BOSNA only facilitates the third-party payment gateway for processing of payments. 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 payment information provided by You, including the bank account number/credit card, debit card details and any other information requested during the subscription process. You represent and warrant that you have the right to use any credit card, debit card or other payment information that you submit. You agree and acknowledge that BOSNA 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, debit card etc. fraud.

You can access the status of Your Subscription anytime through the “My Account” section on Your profile page.

You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third-party payment gateway provider for redressal.

Upon payment being received by BOSNA through any of the Payment Method, BOSNA shall make the relevant Subscription available to You through any of the approved modes of delivery that BOSNA adopts.

It is hereby clarified that the Subscription(s) offered to You are offered by BOSNA and not by any third party including any payment gateway service providers.

BOSNA reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments.

BOSNA reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. BOSNA does not guarantee the availability of a specific Content or a minimum Content that is subject to a Subscription Fee.

Access and Use of the Services

Limited use:

You are given a limited, non-exclusive, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sub-licensable, revocable permission to view the Site and avail the Service during the subsistence of Your Account with BOSNA for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions and no right, title or interest in any Content will be deemed transferred to You.

By accessing or using the Services:

You confirm and warrant that all the data and information You supply to BOSNA and or any BOSNA ’s affiliates (“Registration Data”) is and accurate in all respects.

You agree to promptly update Your Registration Data as necessary, so that Your Registration Data remains accurate at all times.
BOSNA may temporarily suspend your access to the whole or any part of the Services, where BOSNA in its discretion considers that it is reasonably necessary. Where possible, BOSNA will give You as much notice of any interruption of access to the Services as is reasonably practicable. BOSNA will use reasonable efforts to restore access to the Services as soon as reasonably practicable after temporary suspension.
You agree that BOSNA shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof 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 BOSNA.
Except as provided in these Terms (or otherwise expressly provided by BOSNA ), You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services. You further agree not to use the Services to:

Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
Access the Site/application/Service (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
Use the Services to advertise or promote competing services;
Use the Services in a manner inconsistent with any and all applicable law;
You are responsible for the security and proper use of Your unique user ID and password that You enter while registering on the Site and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. You are responsible for any use of your user ID and password. You must promptly notify BOSNA if you become aware of any confidentiality breach or unauthorized use of your user account.

You agree that Your use of the Services and the Content may give You the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms and Conditions. You agree that You will not misuse the Content and/or other user material You access and view as part of the Service, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of BOSNA / or its licensor's / or third party’s copyright, trademark design, patent, and other intellectual property including any rights of BOSNA or its licensors or any third party subsisting in the Content. You further agree that You will not copy/record/edit/modify any of the Content You access and view as part of the Service, for any purpose, and/or copy/record/edit/modify any Content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever.
You agree that the Content provided on the Site is strictly for Your private viewing only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the Content provided on the Site to any other person(s), or in any manner communicate such Content to the public.

Termination of Service

BOSNA reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if BOSNA so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that BOSNA can, at its sole discretion, exercise its right in relation to any or all of the above, and that BOSNA , its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same. You hereby also agree that BOSNA shall not refund any amounts that you may have paid to access and/or use the Services.

User Reviews, Comments and General Restrictions

You shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to, or relates to another User, and to which You have no right of access. Further, You shall act in full conformity of the following:

You agree that BOSNA shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that BOSNA may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that BOSNA reserves the right to investigate and take appropriate legal action against anyone who, in BOSNA sole discretion, violates these Terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content and/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity.

Support

Site or Services

If You have any questions with respect to the Site and/or Services and/or Content, then such correspondence should be directed to BOSNA Digital Entertainment Private Limited at – support@chaupal.tv

Grievances

A. For Any BOSNA Content Related Concerns, Complaints Or Grievances, Please Submit Them To The Grievance Officer In The Format Set Out Below: Email Address: Grievance@chaupal.tv

Format:

Do note: In the absence of complete information/details being provided, we will not be able to address any issues you may raise. You would need to respond within 72 hours of a request from us for additional details/information in order to act on your claim, failing which the grievance will be deemed dismissed. The prescribed timeline of 15 days will commence from the date of complete details/information received on the correct email ID.

A. For Any Concerns, Complaints Or Grievances In Relation To The Site Or Service, Please Contact The Following Grievance Officer Who Will Examine The Complaint And Take Appropriate Next Steps.

Email Address: support@chaupal.tv

Amendments

User Material

If You have any complaints relating to any third party User Material uploaded on the Site, then please contact compliance@chaupal.tv.

Your email, which must bear Your digital signature or a signed written complaint, should include the following information:

Details Of The Objectionable User Material Or Content;
Details Of The Basis Of The Objection;
What Relief Is Being Requested;
All Other Relevant Information Required By BOSNA To Assess The Complaint.

BOSNA shall on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law. You agree and acknowledge that BOSNA responsibility in relation to objectionable User Material is limited to removing them post receipt of Your objections in accordance with these Terms of Use and BOSNA shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.

Disclaimer of Warranties

You agree that use of the Services and the access to the Site is at Your own risk. The Services including the Site, the Content, and any other materials contained on or provided through the Site are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties or guarantees of any kind, either express or implied. Without limiting the foregoing, BOSNA does not make any warranties or guarantees 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, malware or other harmful components, accurate, error free or reliable.

Limitation of Liability

IN NO CASE SHALL BOSNA , 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 ACCESS OF THE SITE OR 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. BOSNA MONETARY LIABILITY FOR THE SERVICES OR THE CONTENT OR MATERIAL THEREOF ON THE SITE SHALL BE LIMITED TO INR 1000. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, BOSNA LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold harmless BOSNA , 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 attorneys’ fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.

Governing Law and Jurisdiction

The relationship between You and BOSNA 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 (i) BOSNA 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; and (ii) any proceeding brought by You shall be exclusively before the courts at Chandigarh, India.

Severability

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.

Changes

BOSNA reserves the right, at any time and from time to time, without prior notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as “Revised Terms”) will be posted on the Site and will be effective immediately after such posting. We recommend that you periodically check the Site for the Revised Terms Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Revised Terms.

Survival

You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.

Entire Agreement

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and BOSNA governing Your use of the Services, superseding any prior agreements between You and BOSNA regarding such use. Further, Your acceptance of these Terms constitutes a valid and binding agreement between You and BOSNA. Should these Terms require to be stamped under any applicable stamp duty laws, You should bear such stamp duty payable and comply with relevant stamping obligations.