Terms of Use

Welcome to JioCinema Ads, an automated B2B self-serve advertisement technology platform (“Platform”) operated, controlled, and run by Viacom18 Media Private Limited, which enables and facilitates its users to create, manage, launch Ad Campaigns (defined below) and purchase digital inventory on JioCinema Service (“defined below”), effortlessly with the help of a few taps!

This Terms of Use (“User Agreement”) is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008, and such other applicable amendments, from time to time. This User Agreement is generated by a computer system and does not require any physical or digital signatures.

This is published to govern the access and/or usage of the Platform currently branded as “JioCinema Ads” (including its other variants and/or its successor services), available on the website ads.jiocinema.com by the users who have registered themselves as an Advertiser (defined below) or an Agency (defined below) to set up Ad Campaigns (defined below) to promote and market their brands/business as per the terms stated hereunder.

This is a legally binding agreement between You i.e., the User of the Platform and Viacom18. By registering for or by accessing/using the Platform, You represent, warrant and expressly agree that You are an adult/legal entity registered, to use and access the Platform in accordance with these 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). YOU SHOULD NOT ACCESS OR USE THE PLATFORM AND ANY USE THEREAFTER SHALL BE UNAUTHORIZED.

By accessing and/or using this Platform, You consent, agree and undertake to abide, be bound by and adhere to all the terms and conditions as set forth under this User Agreement read together with the Privacy Policy referred to above and any other terms or policies which may govern the Platform, from time to time. You shall be deemed to have used the Platform anytime You access (via computer, mobile, handheld, internet enabled device or any other technology), view, link to or from, or otherwise interact or communicate with or connect to, the Platform (or any parts thereof) or, to the extent applicable, interact or communicate with other users through the Platform (including, without limitation, on message boards, chat rooms and/or other communities established on the Service).

In this User Agreement, the following terms shall have the meaning as ascribed to them below:

DEFINITIONS:

“Advertisement” means Ad Creatives provided by the User to Viacom18 for displaying/publishing the same on the JioCinema Inventory, the details of which is captured in Ad Campaign request launched through Platform.
“Advertiser(s)” means a legally competent individual, partnership, proprietorship firm, corporate body or association, whose products, goods, or services are being advertised or are to be marketed/promoted through the Platform.
“Agency” means a legally competent individual, partnership, corporate body, proprietorship firm, or association, who or which work for planning, research, creation or placement of advertisements, or the creation of material for advertisements for Advertisers, or for other advertising agencies.
“Ad Budget” shall mean an amount to be paid by a User for a particular Ad Campaign as per the ad package selected by You while booking an Ad Campaign on the Platform.
“Ad Creative(s)” means the Advertisement material, artwork, lead generation forms, writings, creatives, and content to be included in any advertisement creative uploaded by You on the Platform and includes without limitation content, audios, videos, audio-visual content, articles, literature, images, illustrations, photographs, links to sites or services, web pages, signs, technology, files, texts, musical works etc.
“Ad Campaign” shall mean Advertisements set to be delivered for display to the end-users of the JioCinema Service in accordance with the Campaign Details set by You, subject to the terms contained herein.
“Ad Campaign Objectives” shall mean and include Ad Campaign goals/objectives which the User wants to achieve for their products and services to be promoted/marketed through the JioCinema Service which includes increasing brand awareness, website visits, application installations and generation of leads.
“Ad Campaign Period” shall mean the period commencing from the date on which an Ad Campaign is first delivered on JioCinema Service and ending on the date specified by You, or the date on which the Ad Performance are fully completed, whichever is earlier.
“Ad Fee” shall mean the amount agreed to be paid by You to Viacom18 for the Ad Campaign as per the Ad Budget selected by the User.
“Ad Placement” means the size, placement, and positioning of an Advertisement on JioCinema Service.
“Advance Ad Fee” shall mean amount added by the User to recharge the Wallet for utilization of the said amount towards any future Ad Campaign.
“Advertising Policy and Guidelines” shall mean the policy and guidelines laid down by Viacom18’s internal standard and practices team which includes all updates, changes, modifications additional rules and policies included thereto.
“Ad Performance” shall mean the actual performance of the Ad Campaign on JioCinema Service, in accordance with the Ad Campaign Objectives selected by the User while creating the Ad Campaign. The Ad Performance will include details such as Cost Per Impression (CPI), Cos Per Click (CPC), Click Through Rate (CTR), Cost Per Mille (CPM), on the Dashboard.
“Target Audience Data” shall mean any data that You provide in relation to the target group of end-users for Your Ad Campaign.
“Campaign Details” shall mean and include details about Ad Campaign name, Ad Campaign Objectives, landing page URL (if applicable), Ad type, Target Audience Data, Campaign Duration, Ad Budget, details of the brand and Advertiser for whom the Ad Campaign is being created, Ad Placement or any other information that You submit for Viacom18’s approval while placing/booking a request for anAd Campaign on the Platform.
“Dashboard” means an information management tool on the Platform available to the User to track, display, and store details including Ad Campaign Details pertaining to Your Account, Wallet details, Ad Campaign, Ad Performance etc. Dashboard can also be used by Users and Viacom18 to communicate and provide instructions relating to Ad Campaign, which shall be binding.
“Payment Methods” shall mean a current, valid accepted payment method and shall include either: (a) Transfer via Bank which includes IMPS, NEFT, RTGS (b) Pay Now, payment options by way of UPI/Net banking/Wallet/Prepaid cards Gift Card/Credit, and Debit cards other; or (c) such other payment methods accepted by Viacom18, from time to time. The Payment Methods shall be updated from time to time without any further notification. For certain Payment Methods, Your Payment Methods service provider may charge, You a transaction fee and/or other charges. We request You to check with Your Payment Method service provider for details.
“JioCinema Inventory” means any inventory of the JioCinema Service including but not limited to pre-roll, mid-roll or post roll, overlays, pop-ups, tickers, hyperlinks, banners, skyscrapers, bottom boards etc. available on the JioCinema Service, as decided by Viacom18.
“JioCinema Service” means an ad-supported interactive audio- video on demand service provided by Viacom18 currently branded as “Jio Cinema” and/or its other variants or its successor services, to end-users for accessing and watching various entertaining and engaging content inter alia, movies, web-series, originals, sports content, live shows, including all features and functionalities, the application, and user interfaces and software and websites/web pages associated with the Service, whether accessed via computer, mobile device or other technology, manner or means.
“Unutilized Ad Fee” the Ad Fee which is not consumed by the User, for a particular Ad Campaign as per Ad Budget selected.
“User” shall mean and include Advertiser and/or Agency and/or any individual who is accessing/using the Platform on behalf of Advertiser and/or Agency, as the case may be, and refers to You who is legally competent user (being a person of legal age and can enter a contract in accordance with applicable laws of India) who access or register on the Platform and hold a valid account with Platform.
“Viacom18” refers to Viacom18 Media Private Limited, a company incorporated under the Companies Act, 1956, having Corporate Identity No. U92100MH1995PTC095508 and having its registered office address at 31^st Floor, Tower-4, One Unity Center, Senapati Bapat Marg, Prabhadevi, Delisle Road, Mumbai, Maharashtra, India, 400013 which is the owner of all rights in this Platform.
“Wallet” shall mean the amount reflected in the wallet which includes Ad Fee, Advance Ad Fee, TDS refunds, Unutilized Ad Fee.
“GST Law” includes Central Goods and Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017 and respective State’s Goods and Services Tax Act read together with the rules, regulations, and amendments, including any notification and/or amendments, pursuant thereto, issued from time to time.

All references to “You” and “Your” shall mean the User. All references to “Company”, “We”, “Us” and “Our” shall mean Viacom18.

CREATION OF ACCOUNT:
1. You will be required to create an account either as an Advertiser or an Agency, by providing Your mobile number or email ID (“Account”). Your mobile number or email ID must be verified by You via one-time-password (OTP) which will be sent to You simultaneously via WhatsApp, SMS or an email (as the case may be). You will be prompted to accept the Terms of Use and Privacy Policy to proceed with the Account creation process.
2. Further steps to Account creation of Agency are as follows:
  1. You will be required to provide Your name, PAN, CIN (if applicable), GST number and also upload Agency logo, copy of GST Certificate, CIN certificate (if applicable), PAN photo as required by Viacom18 for the process of Account creation.
  2. The application for Agency’s Account will be reviewed by Viacom18 and the status of the same will be communicated to the Agency via WhatsApp/SMS/email (as the case may be) within 2 (two) business days, or any other timeline as required by Viacom18, of such request of Agency’s Account creation.
3. In the event, if the application for an Agency’s Account, is rejected, a reason for the same will be communicated to You via WhatsApp/SMS/email (as the case may be) or prompted on Your Account on the Platform. Further, the Agency may be required to re-enter correct details and/or any additional details as required by Viacom18 and re-submit the application for creation of an Account for an Agency.
4. In the event, the application for an Account of an Agency, is approved, Agency will be prompted to add Advertisers by creating separate Account for each of such Advertiser by providing business name, type and uploading business logo of such Advertiser.
5. Further steps to Account creation of Advertiser: You will be required to provide Your business name, type and upload business logo as per the instructions mentioned on the Platform.
6. You confirm and warrant that all the data and information relating to creation of Your Account, including without limitation Your email address, mobile number, login-id, password, etc., (“Account Data”) is accurate in all aspect. You also agree to promptly update Your Account Data (including any changes thereto) as necessary, so that Your Account Data remains accurate at all times.
7. You are responsible for the security and proper use of Your Account details and Account Data 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 Account and the Account Data. It is recommended that You do not share Your Account details and/or Account Data with any third party. Viacom18 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.
8. You hereby agree and understand that, that Agency will not be permitted to modify the business name, GST, PAN details and address once the Account is created and approved by Viacom18.
9. For the sake of clarity, after the creation of Your Account, if the User intends to change/revise/edit any of the details such as the business name, GST, PAN and address then User will be required to create a separate Account.
Unauthorized access of Your Account:
If You have reason to believe that Your Account details have been obtained by another person without consent or that Your Account Data or any parts thereof have been compromised or You become aware of any confidentiality breach or any unauthorized use of Your Account, You should contact Viacom18 at ads-support@jiocinema.com immediately to suspend Your Account and cancel any unauthorized Ad Campaigns booked or payments (if any) that may be pending. Please be aware that Ad Campaigns booked or payments (if any) can only be cancelled up until the Ad Campaign has not commenced on the Platform. If the Ad Campaign has commenced on account of unauthorized usage of Your Account then the Ad Fee will be charged in accordance with the payment terms under this User Agreement. In the event that an unauthorized provision commences prior to Your notifying as required under this section II of the unauthorized nature of the booking or payment, Viacom18 will suspend access of Platform from Your Account and the disable the withdrawal of any funds pending investigation. Following investigation, it shall be determined whether or not to cancel the access to the Platform or revalidate Your Account post reverification and revalidation. If Viacom18 reasonably believes that an account and password is being used/misused in any manner, Viacom18 reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. It is clarified that while Viacom18 shall not be liable for any loss that You may incur as a result of someone else using Your password or account.
COMMUNICATION WITH YOU
You agree and understand that You are and will be communicating with Us through electronic media/records. You acknowledge and specifically consent to receive all communication/correspondence from (including for any request for feedback regarding the Platform, information relating to Your Account such as payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices, etc.) via electronic records from Us and/or Our affiliates and partners, periodically and/or as and when required. We will communicate/correspond with You via telephonic calls, email and/or any push notification and/or other form of instant messaging/short service messaging service(s) and/or through any other available electronic and internet-based means, to the email address and/or mobile number and/or other record(s) available with Us or made available to Us by You at the time of registration, all of which, shall be deemed adequate service of notice/electronic record.
CREATION OF AN AD CAMPAIGN:
1. After the approval of application for Agency Account and/or successful creation of Advertiser Account, You will have access to the Dashboard as part of Your Account, using which You will be able to create Ad Campaigns for specific Advertisers.
2. For creating an Ad Campaign, You will be prompted to select Ad Campaign Objectives; which will further direct You to upload Ad Creatives, provide Ad Campaign Details and such other information as required by Viacom18 on the Platform. Such Ad Creatives and Ad Campaign details uploaded/provided by You are subject to approval by Viacom18.
3. The Ad Creatives to be uploaded by You must comply with all the applicable laws, guidelines, rules, regulations including but not limited to Viacom18’s internal “Advertising Policy and Guidelines”. Viacom18 reserves its right to carry out technical, qualitative, and quantitative review of the Ad Creatives as per its Advertising Policy and Guidelines, advertising standard practices and policies, guidelines, and regulations. Further, You agree to comply with all rules and regulations issued by the Advertising Standards Council of India (“ASCI”) and other applicable industry and self-regulatory bodies and applicable laws.
4. Review of Ad Campaign: All the Ad Creatives submitted by You on the Platform is subject to a strict internal review by Viacom18. The approval of an Ad Campaign by Viacom18 is subject to (i) verification and approval of the Ad Creatives as per the guidelines mentioned under Clause IV (3) above; (ii) verified and approved GST (mandatory in case of an Agency) and PAN of the User, (iii) receipt of Ad Fee or sufficient funds/balance under the Wallet to be utilized towards the Ad Campaign as per the Ad Budget selected by the User and (iv) such other terms and conditions as required by Viacom18. It is hereby clarified that the verification of GST and PAN for the User will be done during the first transaction on the Platform and for subsequent transactions the GST, PAN and address will be auto-populated on the Platform while creating an Ad Campaign.
5. You will be required to select an Ad Budget for the Ad Campaign and review the Ad Campaign Details before You proceed for payment of Ad Fee as per the terms as mentioned under Clause VI of this terms and conditions and/or utilize the available funds in the Wallet (as the case may be). You agree and acknowledge that the Ad Performance reflected for the Ad Campaign is an estimation and hence Viacom18 does not guarantee/assure the outcome of the Ad Campaign as laid down while selecting of the Ad Budget for a particular Ad Campaign by You.
6. Viacom18 will review the Ad Campaign, which is inclusive of Ad Creatives, Campaign Details and in case of an Advertiser, Viacom18 will additionally also verify the GST (if provided by the Advertiser) and PAN at this stage.
7. Viacom18 shall have the sole right to approve or reject the Ad Campaign within 2 (two) business days (or such other timeline as ascertained by Viacom18) from the date of submission of the Ad Campaign. Such approval or rejection of Ad Campaign will be communicated/notified to You via WhatsApp/SMS/email (as the case may be) and/or will be reflected on Your Account Dashboard.
8. Viacom18 has the sole right to reject or remove the Ad Campaign for any reason whatsoever and the decision of Viacom18 in this regard shall be final and binding,
9. In the event, if the Ad Campaign is rejected by Viacom18, You will have an option to re-submit the Ad Campaign as per the reason of rejection provided by Viacom18 and the approval process mentioned under this clause shall be followed.
10. In the event, if You do not re-submit the Ad Campaign; the Ad Fee will be reflected in the Wallet under “Available Balance” and You will have a right to utilize such amount for another Ad Campaign and/or raise a refund request for such Unutilized Ad Fee as per Clause VIII of this User Agreement.
11. In the event, if the Ad Campaign has been approved by Viacom18, the Ad Creatives will be published/displayed in accordance with the Ad Campaign Details and the Ad Performance of such Ad Campaign will be reflected on Your Dashboard.
EDIT, PAUSE, AND CANCELLATION OF AN AD CAMPAIGN
1. The User will have an option to raise a request to pause or edit or stop an Ad Campaign anytime, during an Ad Campaign Period through the Dashboard. Further, such Ad Campaign will be paused or edited or terminated post 24 (twenty-four) hours (or such other timeline as required by Viacom18) of raising such request on the Platform.
2. To edit an Ad Campaign, the User will be required to re-submit the Ad Campaign application with Viacom18 to revise the Ad Campaign with the revised Ad Creatives or Ad Campaign Details or Ad Budget or Ad Campaign Objective (as the case may be). Such revised Ad Campaign will be subject to rejection or approval of Viacom18, and the relevant process laid down under Clause II of this User Agreement will be applicable.
3. The Unutilized Ad Fee for an Ad Campaign which is not activated by the User, will be reflected in the User’s Wallet as “Available Balance”, and the same shall be available to the User either utilize it on such paused or edited Ad Campaign or on any new Ad Campaign or for refund. In the event the Ad Budget for activation of an Ad Campaign is increased, the User will be required to make the payment of additional Ad Fee at the time of re-submission of the revision of an Ad Campaign.
PAYMENT METHODS, TERMS FOR BILLING, AND TAXES
1. Payment Methods:
  1. After successful creation of the Advertiser Account and the approval of the Agency Account by Viacom18, You will be required to pay an Ad Fee as per the Ad Budget to launch Your Ad Campaign on the JioCinema Inventory, by selecting one or more of the Ad Fee packages options as made available on the “choose a package” window on the Platform from time-to-time. Before making the payment, You will be prompted to review the budget and billing information chosen by You.
  2. For an Advertiser:
    1. During the first transaction on the Platform for Ad Campaign: Advertiser will be further prompted to provide GST number (if available), PAN, business name and business address. Viacom18 will verify the GST number and PAN along with the review of the Ad Campaign after submission and payment by the Advertiser.
    2. For subsequent transactions on the Platform, the GST number (if available), PAN, business name and business address will be auto populated for the Advertiser before making the payment for Ad Campaign.
  3. Agency will be prompted to review the Campaign details and package details as per the Ad Budget selected chosen by the Agency before every transaction on the Platform.
  4. The User shall be solely responsible for the review of the budget and billing information and other details.
  5. When the User makes the payment of an Ad Fee,towards a particular Ad Campaign as per the selected Ad Budget, such Ad Fee will be reflected as “Locked Funds” under the Wallet during the Campaign Period.
  6. In the event, if there is any Un-utilized Ad Fee at the end of the Campaign Period then such Un-utilized Ad Fee will be unlocked and will be reflected under “Available Balance” under the Wallet and will be available to the User for further utilization towards future Ad Campaigns.
  7. For the sake of clarity, the User will not be permitted to initiate any refund request for “Locked Funds” as reflected in the Wallet during the Campaign Period.
2. Terms of Invoices and Billing:
  1. Upon payment of the Ad Fee by the User, the same will be considered as an advance and therefore an advance payment receipt voucher will be generated for such payment of an Ad Fee.
  2. The invoice for an Ad Campaign will be raised after 5 (five) days (or such other timeline as ascertained by Viacom18) from the end of the Campaign Period or cancellation of an Ad Campaign (as the case may be).
  3. Once the invoice is raised, equivalent amount including tax will be immediately adjusted from the balance in the Wallet and such invoice will be considered to be paid to the extent of amount adjusted from the balance in Wallet.
  4. In the event, when the User recharges the Wallet with an Advance Ad Fee, an “advance receipt voucher” will be generated for such payment Advance Ad Fee by the User.
  5. In the event, if there is any discrepancy between the actual Ad Performance reflected in the Report, and delivery of the Ad Campaign in accordance with the invoice, the User may raise a dispute with Viacom18, and after resolution of such dispute, a credit note, if required, will be generated.
  6. For any available funds from the Wallet, which the User may seek refund, a refund receipt voucher will be generated upon completion of the refund process.
  7. User can access tax invoice, credit note, advance receipt voucher, refund voucher from the Dashboard. The payment documents must be downloaded and saved by User.
3. Taxes:
  1. Agency represents and warrants:
    1. Where the Agency has failed to provide the GSTIN or if the GSTIN of the Agency has been suspended or cancelled or is found to be incorrect at the time of raising of the invoice or reporting the invoice on GST portal, then the invoice shall be reported as B2C i.e., supply to unregistered Agency, and Agency’s loss of input tax credit on account of the aforementioned shall be solely borne by the Agency.
    2. All tax invoices/credit notes issued by Viacom18 shall be duly accounted, recorded and considered as-is, by the Agency in its books of accounts and GST records/returns. Applicable taxes in relation to the transactions on any ad campaign but not been invoiced to the Agency, may be separately recovered by Viacom18 from the Agency at any time, through a debit note. On request of Viacom18, Agency agrees to provide declaration and necessary supporting documents as a proof of reduction of input tax credit on tax credit note issued on Agency .
    3. Viacom18 shall raise tax invoice/credit note/other relevant documents (“Payment Documents”) capturing all particulars required as per relevant provision of GST Law. In case of any discrepancy in the Payment Documents or information reported by Viacom18 on GST portal in respect of such Payment document, the Agency shall immediately bring such discrepancy to the notice of Viacom18 on email at ads-support@jiocinema.com.
    4. In case of any breach/failure by the Agency of any of the terms set forth above, due to which: (a) tax credit is denied/disallowed to Agency, or Agency is unable to avail tax credit on payments; or (b) the relevant authorities seek to recover any such Tax Liabilities; then, Viacom18 shall not be made liable for the same, and Agency shall, if applicable, reimburse all such Tax Liabilities paid/incurred by Viacom18, without prejudice to the option of Viacom18, at its discretion, to withhold, adjust, set-off or otherwise recover any such Tax Liabilities, together with any legal and other out-of-pocket costs, expenses, charges and amounts incurred by Viacom18, from and against any other amounts deposited with
    Viacom18, or that are payable to the Agency by Viacom18, whether under the Agreement or otherwise.
  2. The Advertiser represents and warrants:
    1. Any amount received or receivable by Viacom18 shall be considered excluding of Goods and Services Tax (GST) in India except wherever mentioned otherwise.
    2. In case where the Advertiser is registered under GST, the User must provide correct and active GST registration number. Where the Advertiser has not provided his GST registration number or has declared itself as unregistered under GST or GST registration is incorrect/invalid or has been cancelled or suspended, Viacom18 shall raise invoice without GST registration number, and accordingly report the same in GST returns. Where the Advertiser does not provides its GST registration number, the Advertiser declares that it is not registered under GST law and is not liable to take GST registration under GST Law.
    3. It is the responsibility of the Advertiser to provide correct details of address for the purpose of invoicing. The place of supply shall be determined as per the ‘State’ provided by Advertiser in the address reflected on the Platform.
    4. Viacom18 will not be responsible to verify the correctness of the details provided by Advertiser and shall not be responsible for any loss of input tax credit due to any incorrect details provided by Advertiser. Viacom18 would not entertain any request to amend tax invoice or the details in its GST return due to any incorrect details provided by Advertiser.
    5. In case of credit note to be issued after 30 October of the following financial year in which the invoice was raised, the credit note shall be raised without GST through commercial credit note and any loss of GST on that account shall be borne by the Advertiser.
  3. TDS:
    1. Viacom18 agrees to file the income tax return for the assessment year relevant to the previous year immediately preceding the financial year in which tax is required to be deducted, for which the time limit for furnishing the return of income under sub-section (1) of section 139 has expired Accordingly, Viacom18 does not satisfy the definition of “specified person” as provided under the provisions of Section 206AB of the Income-tax Act, 1961 and hence, the higher rate of withholding tax provided in the said Section does not apply.
    2. The amount charged includes TDS, but User is still required to pay TDS (if applicable) to the government as per local law. If the User separately deposits withheld taxes with the applicable government treasury (“Deposited Withholding Taxes”) and provides the original withholding tax certificates to Viacom18, Viacom18 will credit such withholding taxes as Advance Ad fee in the Wallet. Process for submission of TDS certificates and refund of Deposited Withholding Taxes is available as below:
    3. Process of Submission of TDS certificates and ad credits:
      1. Tax Deducted at the Source (TDS) certificates are required to send to Viacom18 every quarter. (More information can be found on the Income Tax Department of India website.)
      2. Certificates for quarters ending in June, September, December, and March need to be issued and shared with Viacom18 by August 15, November 15, February 15, and June 15, respectively.
      3. No TDS certificates for the previous financial year will be accepted if sent after June 30 of the current financial year. For example, all certificates for fiscal year 2023–24 must be sent no later than June 30, 2024.
      4. You may use either of the following methods to send us the TDS certificate:
        Send an electronically signed TDS certificate to us by email at tds.finance@viacom18.com
        Send a signed hard copy of your TDS certificate along with a cover letter that has your unique User ID along with courier delivery receipt details, to the following address:
        To: Revenue Assurance,
        Address: 34^th Floor, Tower-4,
        One Unity Center,
        Senapati Bapat Marg, Prabhadevi,
        Delisle Road, Mumbai, Maharashtra, India, 400013
      5. After the User has sent the documents to Viacom18, User needs to contact Viacom18 at tds.finance@viacom18.com post which such Deposited Withholding Taxes will be credited to the User’s Wallet.
      6. Once the TDS amount has been approved, Deposited Withholding Taxes credited to the User’s Wallet. Excess deposits will result in a delay or rejection of the refund. Please note, validation and approval of credit may take 1 (one) month from the date of submission of TDS certificates.
      7. If User would like to claim back TDS, your GSTIN and PAN must be added to your Account. Also, your TAN number should be mentioned at the time of uploading the TDS certificate. If you have more than one ad account, your GSTIN. PAN and TAN must be added to each account.
      8. Viacom18 will not be able to give tax advice. If You have a question about taxes, Viacom18 suggests the User to contact Your tax advisors or local tax authorities.
      9. Viacom18’s Permanent Account Number (PAN) is AAACM9164E and the registered address on the TDS Certificate should be: 31^st Floor, Tower-4, One Unity Center, Senapati Bapat Marg, Prabhadevi, Delisle Road, Mumbai, Maharashtra, India, 400013
  4. The Ad Fees specified for each package are exclusive of taxes.
  5. Viacom18 will be using third party payment gateways to process and facilitate the payment of the Ad Fee. On successful completion of the payment to the Ad Fee, Your Ad Campaign will be submitted for a review.
  6. You can access the status of Your Ad Campaign anytime through the Dashboard of Your Account.
  7. Viacom18 reserves the right to change, terminate or otherwise amend the packages, Ad Fees, and billing cycles at its sole discretion and at any time.
  8. To the maximum extent permitted under applicable law and the User Agreement herein, Ad Fees billed are non-refundable.
  9. The Payment Method opted by You shall govern the timeline for the launch of Your Ad Campaign. If You opt for Transfer via Bank Payment Method it will take upto 5-7 business days (or such other timeline as ascertained by Viacom18) to launch Your Ad Campaign. If You opt for Pay Now option, it will take up to 2 business days (or such other timeline as ascertained by Viacom18) on account of the time taken to reflect the funds to Viacom18.
  10. You also understand and acknowledge that Viacom18 only facilitates the third-party payment gateway for 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, Viacom18 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 Viacom18, You will be abide by the user agreement/terms of use and privacy policies of such payment gateway service provider. 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.
  11. You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card/UPI id details and any other information requested by the payment gateway service provider during the subscription process. You represent and warrant that You have the right to use any of the card details or other payment information that You submit as part of Your chosen Payment Method. Viacom18 further clarifies that We do not receive or collect 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 User IDs etc., and will not be responsible for misuse of such information by any- one. You agree and acknowledge that Viacom18 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/banking fraud.
  12. You can file any complaint related to payment processing by writing to Us directly on ads-support@jiocinema.com forwarded to the concerned third party payment gateway provider for redressal.
Wallet
1. The Wallet would consist of the following details:
  1. Available balance (if any) i.e. any Advance Fee paid by the User, TDS refunds or any previous Unutilized Ad Fee from a previous Ad Campaign;
  2. Locked funds i.e., the Ad Fee to be utilized for a particular Ad Campaign during the Campaign Period;
  3. Number of Live Campaigns of the User;
  4. Date until which the locked funds are available in the Wallet.
2. The Unutilized Ad Fee for a particular Ad Campaign Period will be reflected as “Available Balance” in the Wallet on Your Account Dashboard in either of the following conditions:
  1. If an Ad Campaign is cancelled by Viacom18 for any reason whatsoever, other than the breach of this User Agreement and/or the Advertising Policy and Guidelines by You.
  2. the Ad Performance is not in accordance with the Ad Campaign Details due to any reasons not attributable to You.
  3. You cancel/pause the Ad Campaign for any reason.
3. Further, the User will be eligible to recharge the Wallet with Advance Ad Fee for further utilization of such amounts towards any future Ad Campaigns.
4. Any TDS refunds subject to clause VI 3 (iii) above will be credited to the Wallet and will be reflected as “Available Balance”.
Refund Process
1. The User may raise a refund request for the “Available Balance” of funds in the Wallet with Viacom18.
2. The User will raise a request for refund by clicking on the option available on the Platform.
3. Such refund request will be either approved or rejected with a reason by Viacom18.
4. Upon approval of such request, Viacom18 will process the refund within 7 (seven) days (or such other timeline as ascertained by Viacom18) of the receipt of such refund request.
Reports
1. You will have access to the Reports section available on Your Dashboard from where You can track the Ad Performance of Your Ad Campaigns which shall include data such as cost, performance basis the Ad Campaign Objectives selected by You. Such reports of Ad Performance of Your Ad Campaigns will be reflected on a daily basis during a particular Campaign Period.
2. You understand that Viacom18 does not guarantee the reach or performance that Your Ad Campaign will receive. Viacom18 does not and cannot control how clicks/impressions/performance as per the Ad Campaign Objective are generated on Your Ad Campaigns. Viacom18 is not responsible for click fraud, technological issues or other potentially invalid click activity.
3. You are solely responsible for all: (i) Advertisement, (ii) Advertisement trafficking or targeting decisions (e.g., keywords), (iii) destinations to which Advertisement will direct viewers (e.g., landing pages, mobile applications) along with the related URLs, waypoints, and redirects (“Destinations”), and (iv) services and products advertised on Destinations.
4. If Your objective is to promote your business by opting for drive performance objective, the instant form submitted by You shall mandatorily have a link to Your terms of use and privacy policy. The end user must consent to the acceptance of the said terms of use and privacy policy.
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 Viacom18 and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
2. All rights, title and interest in the Intellectual Property Rights in the Platform 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, servers, networks, accounts, 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 Viacom18 and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of India and the world. Viacom18 retains full, complete and absolute title to the Platform and all Intellectual Property Rights therein, worldwide and in perpetuity in all languages. You acknowledge and confirm that all the content on JioCinema Service and Platform are protected by copyright, trademark, design, patent, trade secret, and other applicable intellectual property laws and/or are being exhibited pursuant to appropriate license/assignment agreements with third parties.
3. The Platform including any Materials thereon shall be deemed to be licensed to You by Us on a limited, non-exclusive, non-transferable, non-sub-licensable, non-assignable, revocable basis, only for Your lawful use and only for such period as We may, in Our sole discretion, deem appropriate, to access the Platform during the subsistence of Your access to the Account, subject always to the terms and conditions set forth under this User Agreement. No right, title or interest in the Platform and/or the Materials will be deemed transferred to You pursuant to the aforesaid license.
4. You shall not and shall not attempt to use, reproduce, redistribute, sell, offer on commercial rental, decipher, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Platform and/or any parts thereof (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever. You hereby agree to refrain from making available the Platform provided to any other person(s), or in any manner communicate to the public.
5. You expressly confirm not to or attempt to, directly or indirectly, copy, download, capture, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, upload, publish, duplicate, archive, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, re-transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, frame or de-link, interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access, market, promote, circulate, exploit, digitally alter or manipulate the Platform and/or the JioCinema Service and/or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed, either directly or through the use of any device, software, internet site, web-based service, or other means.
6. 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, violate, or circumvent: (i) any patent, trade secret; copyright, trademark, or other proprietary notice marked on the Platform and/or (ii) any digital rights management mechanism or device implemented by Viacom18; and/or (iii) any content protection or access control measure, including geo-filtering mechanisms; privacy; publicity; or other proprietary rights under applicable law.
USER MATERIAL AND OTHER CONDITIONS REGARDING THE USE OF THE PLATFORM
1. The Platform allows Users to place the request to publish on JioCinema Inventory the Advertisement, developed solely by the User on their own, and/or in combination with any preinstalled template content/key art, title treatment, clips, stills, music tracks (such final materials so created by the User hereinafter collectively referred to as the “User Material(s)”). The User acknowledges and confirms that the User Materials posted may be publicly displayed and available to end-users of the JioCinema Services. The User Material does not reflect the views of Viacom18 and are solely and exclusively the views of the respective User who has posted such User Materials. In no event shall Viacom18 be held responsible for any User Material, neither does Viacom18 endorse or recommend any User Material, nor shall Viacom18 be liable for any loss or damages resulting from publishing of the User Material on the JioCinema Inventory.
2. By submitting User Material on the Platform, to publish on JioCinema Inventory, You grant Viacom18 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 and/or commercially exploit the User Material in isolation or in combination with any other material in any manner, including for the purposes of promotion. You agree that in such circumstances, You are not entitled to any intimation or compensation from Viacom18. Notwithstanding any of the broad rights and licenses granted by You as aforesaid, You acknowledge and understand that nothing contained herein shall obligate Viacom18 to host, distribute, display or otherwise exploit any of Your User Materials or exercise any other rights granted to Viacom18 under the license. The User consents that Viacoml8 may make recordings of the Advertisements and/or Ad Creatives for archive purpose in order to comply with the provisions of all applicable statutes and/or codes when required.
3. Viacom18 will have the right but no obligation to by automated means, or manually monitor, screen, moderate, reject, remove, take down, disable, suspend, destroy, use any User Material and/or content that is available on JioCinema Service generally, if any, in any manner that Viacom18 may its sole discretion determine, at any time, and Viacom18’s decision in this regard will be final and binding on all Users and Viacom18 shall not be responsible or liable for any claims regarding the exercise of Viacom18’s discretion in this regard.
4. In the event Viacom18 hosts or puts up any reviews of any product or service, then the views shall demonstrate only the author’s views and not the views of Viacom18.
5. By placing a request to publish the User Material on the JioCinema Service through JioCinema Inventory , You undertake, represent and warrant to Viacom18 that: (a) the User Material is original; (b) does not infringe the legal rights of any third party including without limitation Intellectual Property Rights, privacy rights, moral rights, etc; and (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 sexist or political in nature or in violation of any applicable laws and the terms of this User Agreement. You acknowledge and confirm that You have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties (including any and all performance royalties payable to the authors of the works incorporated in the content of the Advertisement), and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of Your User Material on JioCinema Inventory, and that Viacom18 will not be responsible for such obligations.
6. In accordance with The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Part I, Section 3(1)(b), You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, store, transmit, update or share any User Material, and any other data, information, content or message, or use/access the Platform in any manner or do any act or thing that inter alia:
  1. belongs to another person and to which You do not have any right to;
  2. is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
  3. is harmful to child;
  4. infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights;
  5. deceives or misleads the addressee about the origin of such messages or communicates any information
  6. which is grossly offensive or menacing in nature, or is patently false and misleading in nature but may reasonably be perceived as a fact;
  7. impersonates or attempts to impersonate another person or entity;
  8. disrespects and/or threatens the unity, national interest, harmony, 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 to any other nation/country or any other matters which are perceived to be not in the interest of the general public;
  9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  10. is in the nature of an online game that is not in conformity with any law for the time being in force in India, including any such law relating to gambling or betting or the age at which an individual is competent to enter into a contract;
  11. violates any law for the time being in force;
7. In addition to the compliance of the terms under Section VII (6), You undertake that You shall NOT host, display, upload, modify, publish, store, transmit, update or submit any User Material on the Platform, and any other data, information, content or message, or use/access the Platform in any manner or do any act or thing that inter alia:
  1. is grossly harmful, harassing, blasphemous, defamatory, derogatory, discriminatory, abusive, libelous, tortious, obscene, vulgar, invasive of another’s privacy, hateful, or racially/ethnically objectionable, bigotry, or based on rumors or fake news, out of context comments, disparaging, fraudulent, or otherwise unlawful/illegal in any manner whatever;
  2. depicts women in an inappropriate or derogatory manner or harms or exploits or endangers minors and/or any other persons in any way;
  3. violates any applicable national or international laws, regulations, rules and/or guidelines;
  4. is offensive or has menacing character or are distasteful;
  5. causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, inciting violence or threatening;
  6. causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.
  7. contains potentially objectionable subject matter such as criminal behavior, illegal activities, nudity, sex, profanity, excessive violence, etc.
8. You further undertake that You shall not use the Platform to inter alia:
  1. violate the privacy right or personal right or confidential information of any person;
  2. commit an act which could be construed as an act of cyber terrorism;
  3. solicit, collect, store and/or identify private/personal information of any user or person;
  4. facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;
  5. stalk or otherwise harass another person or user;
  6. upload, post or e-mail or otherwise transmit any content that You do not have a right to transmit under any law or under contract, including without limitation, any content or details of another person without that person’s consent;
  7. upload, post or e-mail or otherwise transmit any content that infringes privacy rights, intellectual property rights or other third-party rights of any person or party;
  8. upload, post or e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk- mail, bulk messages, flood, spam, chain-letters, pyramid schemes or any other form of solicitation of any kind;
  9. introduce or engage in activity that involves the use of, or upload, post or e-mail any content that contains, computer viruses, adware, malware, spyware, timebombs, cancelbots, trojan horses, software disabling codes, bots, worms, 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 Platform, or any automated system such as scripts, robots, spiders, scrapers or offline readers in order to collect or disseminate usernames, passwords, email addresses or other data from the Platform, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Platform, or to access, index, frame, or link to the Platform (including JioCinema Service) that is not authorized by Viacom18, and/or otherwise permit the unauthorized use of or access to the Platform and JioCinema Service;
  10. interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Service, including Viacom18’s servers, networks or accounts;
  11. 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;
  12. cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Platform and/or JioCinema Service;
  13. delete or revise any information provided by or pertaining to any other user of the Platform;
  14. carry out any activity that is prohibited under the Information Technology Act, 2000, including under Section 43, etc. and/or under any other applicable laws, rules or regulations, including usage of the services in a manner inconsistent with applicable laws or this User Agreement;
  15. post unauthorized commercial communications and including advertisements; and/or
  16. manipulate or morph or alter or exploit any other User’s User Material and/or any part of the Platform and/or the JioCinema Service;
  17. adversely affect or reflect negatively upon or harm the goodwill or reputation of Viacom18 or any of its affiliates, or the Platform;
  18. use any data mining, data gathering or extraction method;
  19. provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses, hacking, etc;
  20. probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach;
  21. the security or authentication measures on the Platform or any network connected to the Platform, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or any systems or networks connected to the Platform;
  22. attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
9. You hereby confirm that Viacom18 has the right to determine whether any content, data or information provided by You on the Platform is appropriate and complies with this User Agreement, and accordingly remove any and/or all of Your User Material and terminate Your access without prior notice. This shall be without prejudice to any other rights and remedies that Viacom18 has under law and/or in equity and/or under this User Agreement.
10. If You submit any User Material on the Platform to be published through JioCinema Inventory, You shall be deemed to have waived any legal and/or equitable rights and remedies, and such other right, 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 providing the User Material to be published on JioCinema Service and agree that Viacom18 shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by You. You acknowledge that the User Material is not confidential and that You have no expectation of confidentiality and/or privacy in it. You further acknowledge and confirm that Viacom18 and/or any of its affiliates may already have projects under consideration that are similar to Your User Materials or may independently develop projects that are similar to Your User Materials, or that other materials transmitted by other users of the Platform may be similar or the same as Your User Materials. Because of the viral nature of social media, You should not submit any User Materials containing any content or information that You do not want to be used, viewed and shared and/or otherwise distributed/exploited by other parties, including Viacom18.
11. You further agree that Viacom18 shall not be responsible or liable to You for any kind of claims, damages, outrage, threatening, defamatory, derogatory, obscene, offensive or illegal conduct/comments/posts/responses by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Platform pursuant to any User Material posted by any of the Users.
12. In case there is any unforeseeable delay, cancellation or reduction in duration of any match/event due to weather conditions and/or other actions taken by the owner of rights of a content on JioCinema Service and/or sporting tournament/property or any other reasons outside of Viacom18’s control (including on account of force majeure), Viacom18 shall at its sole discretion provide and alternative JioCinema Inventory on forthcoming or alternate events/properties of similar nature scheduled on the Platform or provide other alternatives as per its sole discretion. The User shall be liable for such Ad Fee without any demur or protest.
13. The User agrees that Viacom18 may vary the screen size of the Advertisement to accommodate information, change the colour combination, time etc. depending on the programming of the Platform and the same shall not be objected to by the User.
14. The User represents and warrants that it is not under any disability, restriction or prohibition, legal, contractual or otherwise, which might prevent it from performing or observing any of the obligations under this Agreement uninterrupted during the Term. The User further represents that it is competent to enter into this Agreement and suffers from no disqualification under the laws of India, contract, constitution or any other rule that may apply to, or bind, the User.
15. The User shall not act and/or make statements in any manner which (i) in Viacom18’s reasonable opinion, may bring reputation and standing of Viacom18, its channels, digital platforms, programs, brand, or any of its commercial partners/brand owner(s), JioCinema Service’s content original rights holders and/or any officer/member thereof and/or the sport into disrepute; and/or (ii) result in any notices and/or adverse directions and/or orders issued to the Viacom18, its channels, digital platforms, programs, brand, or any of its commercial partners/brand owner(s), JioCinema Service’s content original rights holders and/or any officer/member thereof.
16. User hereby represents, warrants and undertakes that in performing its obligations or exercising its rights etc. under this Agreement, the User and its employees shall not pay, offer or promise to pay, or authorize the payment directly or indirectly of, any monies or anything of value to any government official or employee or any political party or any candidate for political office for the purpose of influencing any act or decision of the government official or employee, political party or candidate in order to obtain or retain business or to direct business to any person and shall conduct themselves and all transactions under this Agreement and/or any transaction relating to the business contemplated herein in a manner consistent with the intent and goals (to the extent applicable) of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transaction, 37 ILM 1 of 15 February 1999, United States’ Foreign Corrupt Practices Act, United Kingdom Bribery Act, 2010, and any other Indian law including Indian Penal Code, 1860 and Prevention of Corruption Act, 1988 ("Legislations"). If Viacom18 becomes aware or has reasonable grounds to suspect that any transaction relating to the business contemplated herein has taken place in contravention of the principles set forth in the Legislations, then, Viacom18 shall be entitled forthwith, in its sole discretion, to terminate this Agreement with immediate effect and any and all other arrangements with the User and/or its affiliated companies and the same shall be treated as material breach of the Agreement.
17. The User confirms that the Advertisement are in compliance with the advisories issued by the Ministry of Information and Broadcasting pertaining to self-declaration of Advertisement.
18. Viacom18 is required to comply with certain international laws and is not permitted to engage with a person with whom dealings are prohibited under the economic sanctions administered by the United States, His Majesty’s Treasury of the United Kingdom, the European Union or any of its member states, or the United Nations, whether as a result of the specific designation of that person, its ownership or control, the jurisdiction in which it is located, organized, or resident, or otherwise (“Sanctions”). Viacom18 has agreed to enter into this Agreement on the basis of the representation that neither the User, nor any of its affiliates, nor any of their directors, officers, or controllers, is/ are persons who are subject to any Sanctions. Further, if such Sanctions are imposed at any point of time, the User warrants that it shall be responsible to inform Viacom18 immediately about the same as soon as it comes to the knowledge of the User. If at any time during the term of the Agreement, it comes to the knowledge of Viacom18 that the User or any of its affiliates, or any of their directors, officers, or controllers are subject to any Sanctions, it shall be deemed to be a material breach of this Agreement by the User and Viacom18 shall, without prejudice to anything contrary mentioned in this Agreement in its sole discretion, have the right to forthwith, terminate this Agreement with immediate effect and any and all other arrangements with the User and/or its affiliated companies.
DISCLAIMER AND LIMITATION OF LIABILITY
1. BY ACCESSING AND/OR USING THE PLATFORM, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE PLATFORM IS AT YOUR SOLE RISK AND AT YOUR FREE WILL.
2. THE PLATFORM AND ALL MATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND TRANSMITTED BY VIACOM18 ON “AS IS” AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS”. VIACOM18 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, FREE FROM DEFECTS, FAULT TOLERANCE, NON-INFRINGEMENT,COMPATIBILITY AND/OR SECURITY.
3. 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 PLATFORM OR ANY CONNECTED PLATFORM AND DO NOT WARRANT THAT THE PLATFORM, THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE OR ANY CONNECTED SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS AND/OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF VIACOM’8'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
4. WE ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE PLATFORM OR ANY CONNECTED SERVICE OR WITH RESPECT TO THE MATERIAL AND USER MATERIAL THEREON AND DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS; AND WE DO NOT WARRANT THAT THE PLATFORM, OR ANY CONNECTED SERVICE, LINKED MICROSITES, ANY MATERIALS, THIRD-PARTY CONTENT,SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR SUIT YOUR PURPOSE.
5. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM (OR ANY PARTS THEREOF).
6. INDUSTRY STANDARD EFFORTS ARE MADE TO KEEP THE PLATFORM RUNNING SMOOTHLY. HOWEVER, VIACOM18 TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE PLATFORM BEING UNAVAILABLE DUE TO ANY REASONS.
7. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, FITNESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE PLATFORM OR ANY CONNECTED SERVICE RESTS SOLELY WITH YOU.
8. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VIACOM18, 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 PLATFORM AND/OR MATERIALS AND/OR USER MATERIAL AND/OR ANY CONNECTED THIRD PARTY WEBSITE AND/OR ANY USE and ACCESS OF THE PLATFORM AND/OR THE JIOCINEMA SERVICE CONTENT BY YOU, INCLUDING WITHOUT LIMITATION:
  1. INDIRECT OR CONSEQUENTIAL LOSS;
  2. LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS;
  3. INCIDENTAL, DIRECT, OR SPECIAL LOSS OR PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES;
  4. LOSS OF OR DAMAGE TO DATA;
  5. LOSS OF BUSINESS, REPUTATION OR GOODWILL; AND/OR
  6. LOSS OF USE; AND/OR
  7. WASTED OR LOST MANAGEMENT TIME;
  8. ANY ERRORS OR OMISSIONS IN THE PLATFORM AND/OR ANY JIOCINEMA SERVICE AND/OR ANY MATERIAL;
  9. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
9. 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.
10. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL VIACOM18 OR ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES’ LIABILITY 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 EXCEED THE AMOUNT PAID BY YOU, IF ANY,FOR ACCESSING THE PLATFORM PROVIDED HOWEVER THAT THE MAXIMUM LIABILITY OF VIACOM18 IN ALL INSTANCES SHALL NOT EXCEED INR 500 (INDIAN NATIONAL RUPEES FIVE HUNDRED ONLY).
11. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR WITH THIS USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING THE PLATFORM.
INDEMNITY
YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS VIACOM18, 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, DAMAGES AND OTHER LIABILITIES, INCLUDING WITHOUT LIMITATION, LEGAL FEES AND EXPENSES, RESULTING FROM: (I) YOUR VIOLATION OF ANY TERM OF THIS USER AGREEMENT OR PRIVACY VOLICY, OR YOUR USE OF THE PLATFORM IN A MANNER THAT IS NOT CONSISTENT WITH THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND PRIVACY POLICY; (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; (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; (V)YOUR BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR UNDERTAKING UNDER THESE USER AGREEMENT OR UNDER APPLICABLE LAW; AND (VI) ANY FRAUD, NEGLIGENCE OR MISCONDUCT ON YOUR PART. WITHOUT PREJUDICE TO THE AFORESAID VIACOM18 RESERVES THE RIGHT, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH VIACOM18 IN ASSERTING ANY AVAILABLE DEFENSES. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE EXPIRY OR TERMINATION OF THESE USER AGREEMENT AND YOUR USE OF THE PLATFORM.
SUPPORT
If You have any queries with respect to the Platform, then address Your e-mail to “The Support Team” on the e-mail ID ads-support@jiocinema.com.
TERMINATION
Without prejudice to the right of Viacom18 to investigate and take appropriate legal action against anyone who, in Viacom18’s sole discretion, violates this User Agreement and/or exercise any other rights and remedies available to Viacom18 under applicable laws, Viacom18 reserves the right to limit or restrict Your Account, and/or deny, de-activate, suspend and/or terminate Your access to all or part of the Platform, at its sole discretion, with or without notice, and without liability either to Viacom18 or its directors, key managerial personnel, officers, employees, either: (i) for convenience; or (ii) for non-payment of the Ad Fee or if payment is not successfully settled, due to expiration, insufficient funds, or otherwise or in case of a failure of all the Payment Methods; or (iii) for any suspected or actual breach/violation by You of any of this User Agreement, the Privacy Policy, violation of any applicable law or if You have engaged in any inappropriate conduct, or provided false or inaccurate information; or (iv) for any other reason that Viacom18 deems fit. We further clarify that the Your access to Platform gets automatically terminated in the event You breach any of the provisions of this User Agreement and/or the Privacy Policy. You hereby also agree that Viacom18 shall not, nor shall it be obliged to refund the Ad Fee or any other amounts that You may have paid to access and/or use the Platform, in case of the occurrence of any of the above instances. You acknowledge, agree and confirm that Viacom18 may take any one or more of the actions described above, without any notice to You, prior or otherwise, and You understand and agree that neither Viacom18 nor any of its affiliates shall have any liability to You or to any other person for any limitation, restriction, denial, de-activation, suspension and/or termination of Your access to the Platform, or any parts thereof and/or the removal, discarding, disabling or deactivation of any of Your User Materials or the removal, discarding, disabling or deactivation of any other information or data that You may have provided on or by means of the Platform.
CHANGES TO THIS USER AGREEMENT
We reserve the right, at Our sole discretion, to update, change, modify, supplement, include additional rules and policies, and/or otherwise alter this User Agreement or Advertising Policy and Guidelines (“Revised User Agreement”) at any time for many reasons including but not limited to legal, regulatory, security etc., with or without notice (to the maximum extent permissible under law). Such Revised User Agreement will be posted on the Platform and shall become effective immediately after such posting. We recommend that You periodically check the Platform and review this User Agreement from time to time, to become aware of any changes and/or modifications hereto. If You do agree to any such changes and/or modifications, and/or do not wish to be subject to Revised User Agreement, Your sole recourse will be to cancel Your membership and discontinue using the Platform. Your continued use of the Platform following the posting of changes and/or modifications shall constitute Your acceptance of any Revised User Agreement.
MISCELLANEOUS
1. This User Agreement contain the entire understanding between You and Viacom18 and supersedes all prior understanding between the User and Viacom18 in respect of the User's access and/or use of the Platform.
2. The relationship between Viacom18 and You is on a principal-to-principal basis. You are in no way Viacom18’s legal representative, partner or agent for any reason whatsoever.
3. 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.
4. You confirm that Your representations, warranties, undertakings and covenants, 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 User Agreement.
5. Any express waiver or failure to exercise promptly any right under this User Agreement will not create a continuing waiver or any expectation of non-enforcement.
6. You agree that Viacom18 shall be under no liability whatsoever to You in the event of non- availability of the Platform 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, Platform maintenance, server maintenance, or any other cause whatsoever beyond the control of Viacom18.
7. Unless otherwise specified, the Platform is presented solely for the territory of Indian for the purpose of entertainment and promoting programs. Viacom18 makes no representation that the Platform is appropriate or available for use in locations other than India.
8. The Privacy Policy (as provided on the Platform), and any other documents, instructions, etc. included on the Platform shall be read into this and shall be a part of these 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 Viacom18 and the User.
9. The relationship between the User and Viacom18 is that of principal to principal. Nothing in this Agreement shall be taken as constituting User an agent of Viacom18. Neither is the legal representative, agent, joint venture or partner of the other for any purposes and neither of them has any right or authority to assume or create any obligations of any kind or to make any representations or warranties, whether express or implied, on behalf of the other or to bind the other in any respect.
10. This User Agreement including all the terms and conditions hereunder is personal to You, and You shall not assign, transfer, sub-contract or otherwise part with this User Agreement or any right or obligation or terms and conditions under it. You hereby consent to the disclosure to, and use by, a subsequent owner or operator of the Platform, of any information about You, to the extent Viacom18 assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of Viacom18, or all or substantially all, or some of Viacom18's assets (including the Platform), to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, Your continued use of the Platform signifies Your agreement to be bound by the terms of use and privacy statement of the Platform’s subsequent owner or operator. This provision shall remain in full force and effect notwithstanding any termination of Your use of the Platform.
11. These User Agreement shall be governed by and construed in accordance with the laws of the India and be subject to the exclusive jurisdiction of the Courts at Mumbai, without giving effect to any principles of conflicts of law.

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