Terms & Conditions

Terms & Conditions

Terms Of Use

USER AGREEMENT

Welcome to Kableone, a premium on-demand digital video streaming service owned and operated by Seven Colors Broadcasting Private Limited (“Seven Colors”).

This user agreement (“User Agreement”) is an electronic record in terms of the Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes (as amended from time to time).

The User Agreement is generated by a computer system and does not require any physical or digital signatures. This is published for access and/or usage of the Service. Seven Colors provides the customers of Seven Colors, who have subscribed to the Service branded as “Kableone” (including its other variants), access to selected digital content including movies, originals, short videos and TV shows streamed on the internet (“Content”). Seven Colors may also provide customers of Kableone, who have subscribed to Service, content by integrating services and applications of other audio-video streaming platforms (“Partner Content”). Content and Partner Content will hence be collectively called “Kableone Content”. To facilitate Your viewership and access, the Service can be packaged through different models such as Kableone Content or Services may be accessible (a) free of charge, which may include advertisements or commercials, or (b) via subscription through payment of a subscription fee, or (c) a pay-per-view model with or without advertisements/commercials, or (d) with a combination of the foregoing on the Site.

In this User Agreement, the following terms shall have the meaning as ascribed to them below: “Service” means the video on demand/noninteractive service provided by Seven Colors currently branded as “Kableone” and/or its other variants, to Users for accessing and watching Kableone Content, including all features and functionalities, the application, and user interfaces and software associated with the Service. The Service is available on various digital distribution services including but not limited to on the World Wide Web, the Google Play Store (for Android devices) and the Apple App Store (for iOS devices).

"User" refers to you, a subscriber of Kableone and holding a valid account with Kableone. "Seven Colors" refers to Seven Colors Broadcasting Private Limited, a company incorporated under the Companies Act, 2013, having Corporate Identity No. U74999HR2017PTC068375  and having its registered address at Plot No. 234-C, Sector 3A, HSIIDC, Karnal, Haryana – 132001, India and Principal Office at 1244, Alpha International City , Sector 29 Karnal-132001, Haryana, India, who is the owner of all rights in this Service.

All references to "You" and "Your" shall mean the User. All references to "Seven Colors", "Company", "We", "Us" and "Our" shall mean Seven Colors Broadcasting Private Limited.

 This is a legal and binding agreement between You i.e., the User of the Service, and Seven Colors.  You agree to accept the terms and conditions upon availing or accessing the Service.  Further, You represent, warrant and expressly agree that you are an adult and that you will be responsible for ensuring that any child/children authorized by you to use and access the Services does/do so in accordance with this User Agreement (including other policies as referred in the User Agreement or referred later). IF YOU DO NOT AGREE WITH ANY OR ALL OF THE FOLLOWING USER AGREEMENT (INCLUDING THE PRIVACY POLICY, AT THE FOLLOWING URL https://www.kableone.com/privacy-policy,YOU SHOULD NOT ACCESS OR USE THE SERVICE. By accessing and/or using this Service, You consent, agree and undertake to abide, be bound by and adhere to the User Agreement and if You do not agree to this User Agreement, You should not access or use the Service, and any use thereafter shall be unauthorized.

Changes to the User Agreement

Please review the User Agreement from time to time. We reserve the right, at our sole discretion, to change, modify, supplement or otherwise alter this User Agreement (“Revised User Agreement”) at any time for many reasons including but not limited to legal, regulatory, security etc. and shall inform its users in accordance with law. Such Revised User Agreement shall become effective immediately and shall constitute your express acceptance to the said Revised User Agreement.

If you do not wish to be subject to the Revised User Agreement, you can cancel your membership and discontinue using the Service.

Your continued use of the Service following the posting of changes and/or modifications shall constitute Your acceptance of any Revised User Agreement. Seven Colors retain the right to deny, deactivate or suspend access to all or part of the Service to anyone at any time, who, Seven Colors believe, has violated any of the terms of this User Agreement.

 

I. REGISTRATION AND CREATION OF ACCOUNT

1. You should at all times while accessing/using the Service (i) be a registered subscriber of Kableone; (ii) hold a valid Account (as defined below) with Kableone.

2. You will be required to create an account that will contain personal information like your name, e-mail address, and mobile number, if required (“Account”). Some of this information might need to be verified by You to proceed further through one time-passwords or account activation links.

3. It is recommended that You do not share Your Account details, particularly Your username and password with any third party. Seven Colors accepts no liability for any losses or damages incurred as a result of (i) Your Account details being shared by You; or (ii) unauthorized access to Your Account by a third party.

4.  If You have reason to believe that Your Account details have been obtained by any third party without Your consent, You should contact Seven Colors at support@kableone.com immediately to suspend Your Account and cancel any unauthorized subscription orders or payments (if any) that may be pending.

5. Please be aware that subscription orders or payments (if any) can only be cancelled up until the provision of Services has commenced. In the event that an unauthorized provision of Services commences prior to Your notifying Seven Colors of any unauthorized nature of the order or payment as required under this section I (4) of this Terms and Conditions, Seven Colors will suspend the provision of Services and the withdrawal of any scheduled payments pending investigation. Following an investigation, it shall be determined whether or not to cancel the Services and permit a full or partial refund of the payment for the unauthorized order or revalidate Your Account post-re-verification and revalidation.

II. ACCESS TO THE SERVICE

1.  Some of the Kableone Content made available on the Service is being provided to You for free (“Free Content”) and there are no subscription charges for the usage of the Free Content on the Service. However, Seven Colors reserves the right to adopt any method of monetization for Free Content through the Service in the future as it deems fit.

2.  Some of the Kableone Content made available on the Services, marked and categorized as “premium” under the brand “Kableone” can be availed only by registered Users who have opted for any specific subscription plan ("Subscription User"). Notwithstanding any other clause in this User Agreement, if you are a Subscription User, then Clauses III, IV, V, and VI, shall apply additionally.

3.  This Service is offered and made available only to Users above the age of 18 years (or above 21 years of age, where a guardian is appointed as per the Majority Act of 1875) ("Age of Majority").

4. If You are under the age of majority but still have decided to purchase the Kableone Service ,Seven Colors will assume that You have reviewed this User Agreement and the Privacy Policy with Your parent/legal guardian and Your parent/legal guardian understands and agrees to it on Your behalf. If You are under the Age of Majority at the time of accessing and/or using the Service, your access and usage of the Service shall be deemed to be subject to parental/legal guardian consent and under parental/legal guardian’s guidance at all times. You and Your parents/legal guardians confirm that the Service is offered to You for Your enjoyment and this User Agreement shall constitute a legally binding user agreement between Seven Colors and Your parents/guardians who are contracting on your behalf of You. Where Users are below the Age of Majority, all references to "User", "You" and "Your" shall mean and include You and Your parents/ legal guardians acting for and on Your behalf for Your benefit.

5. Some content offered on the Service may not be suitable for certain Users and therefore viewer discretion/parental discretion is advised. Also, some content offered on the Service may not be appropriate for viewership by persons below the Age of Majority. If You are under the Age of Majority, You may view the content only with the prior consent of Your parents/legal guardians. Parents/legal guardians are advised to exercise discretion before allowing their children and/or wards to access this Service and/or any Material (as defined later). Age ratings for each show will be available on the Show Pages tab and You are requested to go through the age ratings prior to exercising Your discretion to watch the content or not. Additionally, the Service may contain an inbuilt PIN functionality and You may use the same for restricting the content basis Your preference.

6. Seven Colors grants You a personal, revocable, non-exclusive, non-transferable right to access and use the Service, for non-commercial use only and private viewing only, in accordance with this User Agreement. You hereby agree to refrain from further streaming or making available the Kableone Content provided on the Service to any other person(s), or in any manner communicates such Kableone Content to the public.

7. This User Agreement, governs Your access to the Service and any data, message, text, image, audio, sound, voice, codes, computer programs, software, database, microfilm, video, information, content, interactive elements/features, etc. that You may host, publish, share, transact, display, upload, and/or engage with the Service.

8. Please note that the availability of the Service in Your jurisdiction, and Your ability to access the Service is subject to Seven Colors sole discretion. Seven Colors may at its sole discretion restrict the Service from being accessed in certain geographical locations. You undertake that Your access to the Service shall be in compliance with all applicable laws (as amended from time to time). You understand that Your access to the Service and its contents may vary depending upon Your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that We will provide You only access to the Service and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile, and/or other connection, operator, and service fees associated with Your access, etc.

9.  The quality of the display of the Kableone Content may vary from device to device, and may be affected by a variety of factors, such as Your location, the bandwidth available, and/or the speed of Your internet connection, based on Your opted Subscription Plan (defined below) or otherwise. HD, Ultra HD, and HDR or any other high-resolution content availability is subject to Your internet service, Your opted Subscription Plan (defined below), or otherwise, and device capabilities.

10. None of Our content is available for temporary download and offline viewing

11. For the Users who have opted to watch certain Kableone Content other than for any Subscription Plan will have feature limitation which includes but not limited to the number of devices per User, video resolution, and access to mobile only and this can be changed from time to time as per the Sole discretion of Seven Colors.

 

III. SUBSCRIPTION SERVICES

  1. Seven Colors may offer different kinds of Subscription plans as available on https://www.kableone.com/Account/Subscription,   subscription or on the plans page on the Kableone application (“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 at the sole discretion of Seven Colors. In the event that there is any variation in the Subscription Plan, all the existing Subscription Users of Kableone Services will not be entitled to pay any additional charges of the Subscription plan for the balance subscription period of Your current Subscription plan. However, once the Subscription period of Your current Subscription plan expires, You may choose to renew Your Kableone Service Subscription as per the revised rates of the Subscription Plans.

 

  1. You have the option to upgrade your current Subscription plan with the upgrade feature available on Android and iOS applications and Kableone Website. For iOS and Android Users You may upgrade your Subscription plan through Apple App Store/Google Play Store.
  2. Seven Colors shall have the discretion to make certain Kableone Content that is a part of the Subscription available to You on more than one end user compatible system concurrently. Seven Colors shall also have the discretion to make certain Kableone Content whether forms a part of any Subscription plan or otherwise, available to You under one Account and more than one device concurrently.

 

IV. SUBSCRIPTION FEE AND SUBSCRIPTION

   TERM

  1. After the successful creation of the Account, You will be required to pay a subscription fee for accessing the Service, depending on one or more of the subscription package options as made available by Seven Colors from time to time (“Subscription Fee”).
  2. The Subscription Fees specified for each Subscription plan are inclusive of applicable taxes.
  3. Seven Colors will be using third-party payment gateways to process and facilitate the payment of the Subscription Fee. On successful completion of the payment to the Subscription Fee, the Service subscribed by You will become active and You will be granted access to the specific premium content categorized under “Kableone” as part of the Service. In certain cases, post completion of the payment to the Subscription Fee, Your Service activation may be delayed due to operational reasons.
  4. The subscription packages opted by You will be applicable for a specified period (“Subscription Term”) which may be a month, , six months, one year, two years or as indicated on the platform, from the date you subscribed the Service. Service shall remain active for the relevant Subscription Term.
  5. You can access the status of Your subscription anytime through the "Account" section on Your profile page.
  6. Seven Colors reserves the right to change, terminate or otherwise amend the subscription packages, Subscription Fees, and billing cycles at its sole discretion at any time. Such amendments shall be effective upon being notified to you through Website or Mobile App of Kableone/ Newsletter/ personal email- id/ registered mobile number. Your continued use of the Service shall be Your conclusive and express acceptance of such amendments. However, revised Subscription Fee shall only be applied upon completion of the ongoing Subscription Term.
  7. In case of revision in the Subscription Fee for a particular membership plan for any extension or renewal period, Seven Colors will give You advance notice of such revision whether by way of notification on the Service itself or through Your registered e-mail or registered mobile number / newsletter, (as the case may be). Your continued use of the Service post such a notification upon commencement of renewal or extension period shall be construed as an express acceptance of the revised Subscription Fees.
  8. To the maximum extent permitted under applicable law, the Subscription Fees billed are non-refundable, irrespective of whether the Service has been availed by You or not. Your subscription plan will continue to remain active till the end of the Subscription Term, irrespective of when You cancel the Service. In the event of any fraudulent transaction or erroneous subscription, we may make the full or partial refund of the Subscription Fee during the Subscription Term then Your subscription will be deactivated, and Your entitlement to access Our premium content shall be revoked. Any changes in the subscription plan opted by You are effective only after the expiry of the current Subscription Term for which You have already been billed. Accordingly, the Service as per revised plan opted by You shall be effective only after the expiry of the then-current Subscription Term.
  9. Post cancellation of Your subscription, if you wish to re-subscribe to the Service, you may do so from Your "Account" page.

V. TERMS FOR BILLING, PAYMENT, CANCELLATION, AND REFUNDS

1.     The Subscription Fee will be billed as per Your selected Payment Method (defined hereunder) for the subscription plan selected by You at the beginning of Your Subscription Term or at the end of the free trial period, if any (not applicable for subscription through One Time Payment Option (defined hereunder), as applicable and on each subsequent renewal automatically (as per the subscription plan chosen by You) unless and until You cancel the Service, or the Service is otherwise suspended or discontinued pursuant to this User Agreement. To see the commencement date for Your next renewal period or to cancel the Service, You need to visit the "Account" section on Your profile page. It may take a few days for Your payment made to Seven Colors to be reflected in Your "Account" section. On cancellation of the Service, You may be notified by Seven Colors.

2.  “Payment Method” shall mean a current, valid accepted payment method and shall include either (a) the Approved Recurring Payment Options namely (i) Specific Credit Cards, or (ii) Selected Debit cards from any of the issuer banks as set forth - ICICI bank, Kotak bank, Canara bank, Citi bank, Standard Chartered Bank, Corporation bank, Deutsche bank and others; and (iii) In-App Purchases; or (b) One Time Payment Options (i.e. by way of UPI/Net-banking/Wallet/Prepaid cards/Gift Card/Credit and Debit cards other than Approved Recurring Payment Options, as permitted by Seven Colors). The Approved Recurring Payment Options and Time Payment Options shall be updated from time to time without any further notification.

3.   Seven Colors will be automatically billing as per Your Payment Method as Approved Recurring Payment Options for each Subscription Term as per Your Subscription plan. However, if You change Your Subscription Plan, it could result in changing the day on which You are billed and the amount which You are billed for.

4.     If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you shall be able to access the Service only after You set up the revised Valid Payment Method and subject to receipt of the Subscription Fee by Us.

5.   You cannot change your Payment Method during a particular Subscription Term. If Your selected Payment Method is no longer available or expires or Your Payment Method fails for whatsoever reason, you will be responsible and liable for any uncollected amounts and Seven Colors reserves the right to terminate the subscription offered to You.

6.  You also understand and acknowledge that Seven Colors only facilitates the third-party payment gateway for the processing of payments. The third-party payment gateway service provider will require certain financial information including Your credit card/debit card or other banking information. Other than providing a confirmation upon receipt of payment against a membership account, Seven Colors disclaims any and all liabilities in relation to Your payment processing by such third-party payment gateway service provider and the collection and processing of any information provided to third-party payment gateway service provider. While using such payment gateways to make payments to Seven Colors, you will abide by the user agreement/terms of use and privacy policies of such payment gateway service providers. We request You to please make Yourself familiar with the user agreement/terms of use and privacy policies of Your respective payment gateway service provider before using such service.

7.    You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/debit card or credit card details and any other information requested by the payment gateway service provider during the subscription process. Seven Colors further clarify that We do not receive or collect or store any of Your financial information including bank account number, credit card and/or debit card number, one-time- passwords sent by your bank, passwords, bank customer IDs, etc., and will not be responsible for misuse of such information by third parties. You agree and acknowledge that Seven Colors 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 the processing of payment instruction or any credit card/debit card/banking fraud.

8.   You can file any complaint related to the payment processing by writing to us directly at support@kableone.com and the same will be forwarded to the concerned third-party payment gateway provider for redressal.

9. Upon payment through any of the Payment Methods and confirmation of receipt of such payment from the payment gateway provider, an electronic invoice may be made available to You.

VI. FREE TRIAL

1.  Some of the subscription plans may start with a free trial. The free trial period may be provided by Seven Colors at its sole discretion depending on the subscription plan availed by You. The duration of the free trial period will be determined by Seven Colors and may vary based on the selected subscription plan. Seven Colors will provide advance notice to users regarding any free trial and the time duration of the free trial. Your eligibility for a free trial including the time for a such free trial and the Kableone Content available to be viewed during the free trial period is at the discretion of Seven Colors and such free trial can be modified, suspended, or terminated by Seven Colors at any point in time without giving notice to You.

2. In case You are eligible for any free trial, Seven Colors may charge You a token amount of money at the time of the creation of Your Account for the subscription plan. This token amount will be refunded to You once Seven Colors receive confirmation from the third-party payment gateway provider that Your Payment Method has been registered.

3. The free trial period shall only be available to the Users who have opted for the Payment Method as the Approved Recurring Payment Option. Users who opt for One Time Payment Option shall not be eligible for a free trial period for current Subscription Term and anytime in the future.

4. Seven Colors will charge the Subscription Fee for the next billing cycle to Your Payment Method at the end of the free trial period unless You cancel Your Subscription prior to the end of the free trial period. To view the Subscription Plan and end date of Your free trial period, visit our website and click the "Billing details" link on the "Account" page.

5.  Upon consumption of the free trial period, you authorize Us for the automatic deduction of the Subscription Fee as per Your subscription plan from Your registered Payment Method as Approved Recurring Payment Options without any further reminder/notification to You. You shall be fully and solely responsible to keep a track of the free trial period and cancel the Service subscription on or before the end date of the free trial period to avoid any deduction of the Subscription Fee/charges if You wish to unsubscribe from the Service.

6. Period of free trial shall only be provided once for each Account and shall be revoked (including any unconsumed days) forthwith upon payment of Subscription Fee by the Subscription User. The free trial period shall only be available to You before subscribing to the Subscription Service.

7. Period of free trial shall only be available in a consecutive manner irrespective of consumption. Any unconsumed days of free trial shall not be carried forward for a future period.

VII. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The following terms shall have the meaning as ascribed to them below:

1. "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of Seven Colors and/or of its sister concerns and/or of its licensors and/or of is content providers and/or of other respective owners, whether registered or unregistered and all renewals and extensions.

2. Seven Colors and/or of its sister concerns or its content providers, are the owners or license holders of the intellectual property rights in the content on Kableone. You acknowledge and agree that nothing in these Terms of Use or in an order shall be construed so as to transfer any intellectual property rights in the content of Kableone to You.

3. All rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, performance and broadcast as defined under the applicable law, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, interactive elements and all other elements, data, information and materials ("Materials") are the property of Seven Colors and/or of its sister concerns and/or of its licensors and/or of other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of India and the world.

4. The Service including any Materials thereon shall be deemed to be non-exclusively licensed to You by Us only for Your non-commercial personal use and only for such period as We may, in Our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever.

5. You expressly confirm not to, directly or indirectly, copy, record, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Service and/or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium, or mode now known or hereinafter developed.

6. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Seven Colors; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Seven Colors' Content in whole or in part except as expressly authorized by Seven Colors.

VIII. USER MATERIAL

1. The Service may allow Users to publish content, data, information, text, images, videos, audio, audio-visuals, User opinion, recommendations, advice, view, etc. ("User Material"). The User Material does not reflect the views of Seven Colors. In no event shall Seven Colors be held responsible for any User Material, neither does Seven Colors endorse or recommend any User Material, nor shall Seven Colors be liable for any loss or damages resulting from the publishing of the User Material on the Service.

2. By submitting a User Material, You grant Seven Colors a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorize others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use the User Material in isolation or in combination with any other material. You agree that in such circumstances, You are not entitled to any intimation or compensation from Seven Colors.

3. Seven Colors will have the right but no obligation to monitor, remove, suspend, destroy, use, and change any User Material and/or content that is available on or via any chat area on the Service generally, if any, in any manner that Seven Colors may its sole discretion determine, at any time. Although Seven Colors may endeavour to periodically monitor the User Material posted on the Service, Seven Colors will not be responsible for the for any injury caused to You.

4. In the event Seven Colors hosts or puts up any reviews of any movies or programs, whether a third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of Seven Colors.

5. By posting User Material on the Service, You undertake, represent, and warrant to Seven Colors that: (a) the User Material does not belongs to another person and to which the user does not have any right; (b) does not infringe the rights of any third party including without limitation, Intellectual Property Rights; (c) is not defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or in violation of any law

6.  You agree, covenant, and undertake that You shall NOT host, display, upload, modify, publish, transmit, update, or share any data, information, content or message that:

a. belongs to another person and to which You don’t have any right to;

b. is grossly harmful, harassing, blasphemous defamatory, derogatory, obscene, pornographic, paedophilic, 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. harm minors in any way;

d. infringes any patent, trademark, copyright, or other proprietary rights or intellectual property rights;

e. violates any applicable national or international laws, regulations, rules, and/or guidelines;

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. impersonates 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, national interest, integrity, defence, 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 to any other nation/country;

j. is offensive or has menacing character;

k. causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;

l. causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.

7. You further undertake that You shall not use the Service:

a. to violate the privacy right or personal right or confidential information of any person;

b. to commit an act that could be construed as an act of cyber terrorism;

c. to collect, store, and/or identify private/personal information of any user or person;

d. to facilitate personal attacks on other individuals, entities, groups, castes, religions, races or communities;

e. to stalk or otherwise harass another person or user;

f. to upload, post, or e-mail any content that You do not have a right to transmit under any law or under contract;

g. to upload, post, or e-mail any content that infringes privacy rights, intellectual property rights, or other third-party rights of any person or party;

h. to upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, junk- mail, spam, chain letters, or any other form of solicitation;

i. to upload, post, or e-mail any content that contains computer viruses, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms, or telecommunications equipment and/or the Service;

j. to interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Service, including Seven Colors’ servers, networks, or accounts;

k. to disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real-time exchanges;

l. to cover, remove, disable, manipulate, block, or obscure advertisements or other portions of the Service;

m. to delete or revise any information provided by or pertaining to any other user of the Service;

n. to promote and/or generate revenue for Yourself and/or any third-party business activity;

o. to carry out any activity that is prohibited under the Act, including under Section 43, etc., and/or under any other applicable laws, rules, or regulations;

p. to post unauthorized commercial communications and including advertisements; and/or

q. to manipulate or morph or alter or exploit any other User’s User Material.

8. You hereby confirm that Seven Colors has a right to determine whether any content, data, or information published by You on the Service is appropriate and complies with this User Agreement, and accordingly remove any and/or all of Your User Material or terminate Your access without prior notice at the sole discretion of Seven Colors or both, as the case may be. This shall be without prejudice to any other rights and remedies that Seven Colors has under law and/or in equity and/or under this agreement. Users acknowledge and agree that the Company shall not be liable for any damages or losses resulting from such termination or removal actions.

9.  If You submit any User Material on the Service, You shall be deemed to have waived any rights, interest, and ownership in the User Material and deemed to have put the contents of the User Material in the public domain, making it open to re-use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Service and agree that Seven Colors shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by You.

10. You further agree that Seven Colors shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Service.

IX.CONTESTS AND PROMOTIONS

Any and all promotions, contests, surveys, and campaigns hosted or conducted on the Service are subject to separate contest terms and conditions ("Promotions T&Cs") and You are requested to read the Promotions T&Cs as well as User Agreement before participating in the same and upon participation, it shall be deemed that the participant has read and understood the Promotions T&Cs. The Promotions T&C can be accessed here: 

https://www.kableone.com/Home/PebbleTC

https://kableone.com/Home/NoiseTC

This User Agreement is deemed incorporated by reference into Promotions T&Cs provided in respect of a particular promotion/contest etc. If you have purchased or received a code, gift card, prepaid offer or other offer provided or sold by or on behalf of Service for access to a subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. You may also purchase access to a subscription through a third party. In such cases, separate terms and conditions with such a third party in addition to this User Agreement may apply to your access to the Service.

 

X. DISCLAIMER AND LIMITATION OF LIABILITY

1.  BY ACCESSING AND/OR USING THE SERVICE, YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE SERVICE IS AT YOUR SOLE RISK AND AT YOUR FREE WILL;

2.  THE SERVICE AND ALL MATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND TRANSMITTED BY SEVEN COLORS ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEVEN COLORS AND ITS AFFILIATES, ASSOCIATES, AND GROUP COMPANIES, THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS ARE NOT LIABLE FOR ANY INJURY CAUSED TO YOU;

3.  SEVEN COLORS AND ITS AFFILIATES, ASSOCIATES, AND GROUP COMPANIES, THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, AND/OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, FITNESS, MERCHANTABILITY, AVAILABILITY, QUALITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, COMPATIBILITY AND/OR SECURITY;

4.  WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM OR DEVICE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY CONNECTED SERVICE AND DO NOT WARRANT THAT THE SERVICE, THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE, OR ANY CONNECTED SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES, OR OTHER HARMFUL COMPONENTS;

5. WE ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICE OR ANY CONNECTED SERVICE OR WITH RESPECT TO THE MATERIAL AND USER MATERIAL THEREON;

6. WE DO NOT WARRANT THAT THE SERVICE, OR ANY CONNECTED SERVICE, LINKED MICROSITES, ANY MATERIALS, THIRD-PARTY CONTENT, OR SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR-FREE OR ACCURATE OR SUIT YOUR PURPOSE;

7. WE DO NOT WARRANT THE AVAILABILITY OF A SPECIFIC KABLEONE CONTENT OR A MINIMUM KABLEONE CONTENT THAT IS SUBJECT TO A SUBSCRIPTION FEE;

8. INDUSTRY STANDARD EFFORTS ARE MADE TO KEEP THE SERVICE RUNNING SMOOTHLY. HOWEVER, SEVEN COLORS TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE SERVICE BEING UNAVAILABLE DUE TO ANY REASONS;

9. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, FITNESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE SERVICE OR ANY CONNECTED SERVICE RESTS SOLELY WITH YOU;

10. YOU MAY ENCOUNTER THIRD-PARTY APPLICATIONS WHILE USING THE SERVICE INCLUDING, WITHOUT LIMITATION, WEBSITES, WIDGETS, SOFTWARE, AND SERVICES THAT INTERACTWITH THE SERVICE. YOUR USE OF THESE THIRD-PARTY APPLICATIONS SHALL BE SUBJECT TO SUCH THIRD-PARTY USER AGREEMENT OR LICENSE TERMS. SEVEN COLORS SHALL NOT BE LIABLE FOR ANY REPRESENTATIONS OR WARRANTIES OR OBLIGATIONS MADE BY SUCH THIRD-PARTY APPLICATIONS TO YOU UNDER CONTRACT OR LAW;

11. THE SERVICE MAY CONTAIN LINKS TO OTHER THIRD-PARTY WEBSITES/SERVICES WHICH ARE NOT UNDER THE CONTROL OF SEVEN COLORS. ANY WEBSITE YOU VISIT BY A LINK FROM THE SERVICE IS SOLELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDING THE WEBSITE. THE CONTENT OF, INCLUDING MATERIALS AND INFORMATION CONTAINED ON, ANY THIRD-PARTY WEBSITE TO WHICH YOU LINK FROM THE SERVICE IS SOLELY THE RESPONSIBILITY OF THE PROVIDER OF THAT THIRD-PARTY WEBSITE. ANY TRANSACTIONS THAT YOU ENTER INTO WITH A THIRD-PARTY LISTED IN THIS SERVICE OR LINKED FROM THIS SERVICE ARE SOLELY BETWEEN YOU AND THAT THIRD-PARTY. WE ARE NOT RESPONSIBLE FOR ANY SUCH THIRD-PARTY CONTENT THAT MAY BE ACCESSED VIA THE SERVICE, NOR THE ORGANIZATIONS PUBLISHING THOSE THIRD-PARTY WEBSITES, AND HEREBY DISCLAIM ANY RESPONSIBILITY AND LIABILITY ARISING OUT OF SUCH CONTENT. THE INCLUSION OF ANY LINKS DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT OR RECOMMENDATION BY US OF THE THIRD PARTY, OF THE QUALITY OF ANY PRODUCT OR SERVICE, ADVICE, INFORMATION, OR OTHER MATERIALS DISPLAYED, PURCHASED, OR OBTAINED BY YOU AS A RESULT OF AN ADVERTISEMENT OR ANY OTHER INFORMATION OR OFFER IN OR IN CONNECTION WITH THE THIRD-PARTY WEBSITE;

12. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SEVEN COLORS, ITS AFFILIATES, ASSOCIATES, AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS AND/OR DAMAGE AND/OR CLAIMS OF ANY KIND (WHETHER IN CONTRACT, TORT, OR BREACH OF STATUTORY DUTY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND/OR MATERIALS AND/ OR USER MATERIAL AND/OR ANY CONNECTED THIRD-PARTY WEBSITE INCLUDING WITHOUT LIMITATION:

A. INDIRECT OR CONSEQUENTIAL LOSS;

B. LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS;

C. INCIDENTAL, DIRECT, OR SPECIAL LOSS OR SIMILAR DAMAGES;

D. LOSS OF OR DAMAGE TO DATA;

E. LOSS OF BUSINESS, REPUTATION, OR GOODWILL;

F. LOSS OF USE; AND/OR

G. WASTED OR LOST MANAGEMENT TIME, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.

13. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD-PARTY TO ACCESS YOUR ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THIS USER AGREEMENT BY ANY SUCH THIRD-PARTY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.

14. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SEVEN COLORS OR ITS AFFILIATES, ASSOCIATES, AND GROUP COMPANIES BE LIABLE TO YOU FOR ANY AND ALL LOSSES, DAMAGES, OR CLAIMS OF WHATSOEVER NATURE (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) INCLUDING UNDER THE PRIVACY POLICY EXCEEDS THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE PROVIDED HOWEVER THAT THE MAXIMUM LIABILITY OF SEVEN COLORS IN ALL INSTANCES SHALL NOT EXCEED INR 249(INDIAN NATIONAL RUPEES TWO HUNDRED AND FORTY NINE ONLY).

15. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THIS USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING THE SERVICE.

XI. INDEMNITY

YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS SEVEN COLORS, ITS AFFILIATES, ASSOCIATES, AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS, AND THIRD-PARTY PROVIDERS FROM AND AGAINST ALL LOSSES, CLAIMS, AND DAMAGES INCLUDING LEGAL FEES, RESULTING FROM: (I) YOUR VIOLATION OF ANY TERM OF THIS USER AGREEMENT; (II) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY PUBLICITY, PRIVACY, OR INTELLECTUAL PROPERTY RIGHT; (III) YOUR BREACH OF ANY APPLICABLE LAWS; (IV) 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; AND (V) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT, OR UNDERTAKING UNDER THESE USER AGREEMENTS OR UNDER APPLICABLE LAW. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE EXPIRY OR TERMINATION OF THIS USER AGREEMENT AND YOUR USE OF THE SERVICE.

XII. THIRD-PARTY WEBSITES

1. This Service may contain links to other websites owned and operated by third-parties who are not related to Seven Colors ("Third-Party Websites"). Third-Party Websites are not under the control of Seven Colors and it shall not be responsible for the content of any Third-Party Websites or any hyperlink contained in a Third-Party Websites and makes no representation or warranty with respect to the content of any such Third-Party Websites.

2. Your access and usage of any Third-Party Websites are entirely at Your own risk. Seven Colors shall not be a party to any transaction between You and a Third-Party Website. Your use of a Third-Party Website is subject to the terms and conditions of that Third-Party Website in addition to these User Agreement.

3. The Service may contain third-party advertisements, promotions, etc. in the form of in-show integrations, branded content (titles), and integrated logo units carrying logos of advertisers in India (that may or may not contain embedded hyperlinks or referral buttons to Third-Party Websites). The display of such advertising does not in any way imply an endorsement or recommendation by Seven Colors of the relevant advertiser, its products or services or any such Third-Party Website. You must refer directly to the relevant advertiser for all information regarding the advertiser and its products and/or services. Seven Colors accept no responsibility for any interaction between You and the relevant third-party and are released from any liability arising out of or in any way connected with such interaction and/or any defects, deficiencies, claims, etc. arising out of an advertiser’s products and/or services.

XIII. NOTICE & TAKE DOWN THE PROCESS

1. Seven Colors does not endorse or promote any views, data, information, content, or material published on the Service including User Material, and expressly disclaims any and all liability in connection with the same.

2. If You believe that the Service contains any views, data, information, content, or material that could be in violation of Clause VIII under User Material and/or in violation of any applicable law of the Act or rules thereunder, You may notify Seven Colors by addressing your e-mail to “The Support Team” on the e-mail ID support@kableone.com. By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.

3. Seven Colors shall take down any data, information, content, or material only upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) of the Indian Constitution would be committed if the said views, data, information, content or material are not deleted from the Service.

4. Seven Colors further reserves its right (without the obligation of doing so) to take down any data, information, content, or material, without notice to User and without any liability either to Seven Colors or its directors, key managerial personnel, officers, employees, that Seven Colors in its sole discretion determine to be in violation of Clause VII and/or in violation of Clause VIII under Use Material and/or in violation of any applicable provision of the Act or rules thereunder. The aforesaid rights of Seven Colors shall be without prejudice to other rights and remedies available under the law and/or equity.

XIV. CONTENT COMPLAINTS

If you wish to register any complaint with respect to the online curated content on the Service, please contact us at contentregulation@kabeleone.com.

XV. SUPPORT

If You have any queries with respect to the Service, then address your e-mail to “The Support Team” on the e-mail ID support@kabelone.com.

XVI. GRIEVANCE OFFICER

If You have any grievances regarding the use of the personal information provided by you under the User Agreement or with respect to the processing of such information, please address your grievance to “Mr. Birkaran Singh” “Grievance Officer” on the e-mail ID grievanceofficer@kabeleone.com

XVII. TERMINATION

Seven Colors reserves the right to terminate and/or suspend Your access to all or part of the Service, at its sole discretion, with or without notice and without liability either to Seven Colors or its directors, key managerial personnel, officers, employees, either: (i) for convenience; or (ii) for non-payment of the Subscription Fee or if payment is not successfully settled, due to expiration, insufficient funds, or otherwise; (iii) or for any reason, including in the event of suspected or actual breach by You of any of this User Agreement, the Privacy Policy, violation of any applicable law; or (iv) for any other reason that Seven Colors deem fit. We further clarify that Your access to the Service gets automatically terminated in the event You breach any of the provisions of this User Agreement and/or the Privacy Policy. To the maximum extent permitted under applicable, any payments made under the User Agreement are non-refundable, and We do not permit to provide refunds or credits for any partial-month subscription periods unless the User Agreement is terminated because of actual material breach attributable to Seven Colors.

XVIII. MISCELLANEOUS

1. This User Agreement contains the entire understanding between You and Seven Colors and supersedes all prior understanding between the User and Seven Colors in respect of the User's access and/or use of the Service.

2. If any provision of this User Agreement is found to be illegal, invalid, or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

3. You confirm that Your representations, warranties, undertakings, and covenants, and the clauses relating to indemnities, limitation of liability, grant of a license, governing law, and confidentiality shall survive the efflux of time and the termination of this User Agreement.

4. Any express waiver or failure to exercise promptly any right under this User Agreement will not create a continuing waiver or any expectation of nonenforcement.

5. You agree that Seven Colors shall be under no liability whatsoever to You in the event of non-availability of the Service or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Service maintenance, server maintenance, or any other cause whatsoever beyond the control of Seven Colors.

6. Unless otherwise specified, the Service is presented solely for the purpose of entertainment and promoting programs. Seven Colors make no representation that the Service is appropriate or available for use in locations other than India. Those who choose to access the Service from locations other than in India, do so on their own initiative and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

7.  The Privacy Policy (as provided on the Service), and any other documents, instructions, etc. included in the Service shall be read into this and shall be a part of this User Agreement. The Privacy Policy shall form an integral part of the User Agreement and both these documents constitute the user agreement and a legally binding contract between Seven Colors and the User.

8. These User Agreements shall be governed by and construed in accordance with the laws of India and be subject to the exclusive jurisdiction of the Courts at Karnal, Haryana, India without giving effect to any principles of conflicts of law.