These Terms and Conditions constitute a valid and binding agreement between yourself (hereinafter ‘User’) and IMPACT MEDIA EXCHANGE LIMITED, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at Valuable Techno Park, Plot No. 53/1, Road No. 7, MIDC, Andheri (East), Mumbai 400 093, (hereinafter referred to as “IMPACT” as the context requires, and shall include its successors and assigns) for access and use of the Impact Distribution and Settlement Exchange Platform (hereinafter “IMPACT Platform”). These Terms and Conditions shall be in addition to and not in derogation of any other contractual provisions agreed to between the User and IMPACT in any other document (s). User agrees to be bound by these Terms and Conditions and usage of the IMPACT Platform and availing any services offered through the said IMPACT Platform constitutes a deemed acceptance of these Terms and Conditions. If the User does not agree with the provisions of the Terms and Conditions, the User shall not use the IMPACT Platform and services provided through the IMPACT Platform.
User shall access and use IMPACT Platform for services by registering himself / itself on the website having url: http://www.impactexchange.com (hereinafter ‘Website’) and provide the required details for registration. User shall provide true and correct details for registering on the website and if any information is found to be false, untrue or misleading, IMPACT shall be entitled to cancel the registration of such user, prevent such User from accessing IMPACT Platform and availing services that are provided through IMPACT Platform. IMPACT reserves the right to initiate appropriate legal action against such User providing false or misleading information. All communication with the User pertaining to the services and usage of IMPACT Platform shall be sent by IMPACT on the contact details provided by the User at the time of registration. Any communication sent by IMPACT on the postal address / email address / mobile number provided by the User at the time of registration shall be considered as having been validly given to the User. In case of any change in any contact details, User shall be responsible to update the details in the User Account.
User shall be provided with a username and password upon registration with the Website. User shall be solely responsible to maintain the secrecy of the username and password and IMPACT shall not incur any liability due to of misuse of account of the User arising out of unauthorized disclosure of the username and password allotted to the User. User is solely liable for all transactions conducted through the User’s account. Any such liability for misuse of User’s account shall be solely and exclusively borne by the User without any recourse to IMPACT. User is advised to change the password at regular intervals to maintain the security of User’s account on IMPACT Platform.
These Terms and Conditions constitute a valid and binding agreement between yourself (hereinafter ‘User’) and IMPACT MEDIA EXCHANGE LIMITED, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at Valuable Techno Park, Plot No. 53/1, Road No. 7, MIDC, Andheri (East), Mumbai 400 093, (hereinafter referred to as “IMPACT” as the context requires, and shall include its successors and assigns) for access and use of the Impact Distribution and Settlement Exchange Platform (hereinafter “IMPACT Platform”). These Terms and Conditions shall be in addition to and not in derogation of any other contractual provisions agreed to between the User and IMPACT in any other document (s). User agrees to be bound by these Terms and Conditions and usage of the IMPACT Platform and availing any services offered through the said IMPACT Platform constitutes a deemed acceptance of these Terms and Conditions. If the User does not agree with the provisions of the Terms and Conditions, the User shall not use the IMPACT Platform and services provided through the IMPACT Platform.
User shall submit documents required by IMPACT for User identity and KYC (Know Your Client) e-KYC process including any other required documents and details, and including images, photos, social media links, contents etc. as may be required as per specifications. IMPACT shall be within its rights to suspend or terminate User’s account on IMPACT Platform in the event of User’s failure to submit the requisite KYC / e-KYC documents to IMPACT. IMPACT shall not incur any liability for such suspension or termination of User’s account due to non-provision of KYC / e-KYC documents by the User.
User shall make the payment of the applicable fees, if any, to IMPACT for use of IMPACT Platform in a timely manner. IMPACT shall restrict the User’s access to IMPACT Platform and services, and in the event of failure of User to make payment of the fees, if any, for usage of IMPACT Platform and services.
User shall use IMPACT Platform only for lawful purpose and in compliance with all the applicable laws and in accordance with the terms and conditions mentioned herein and in any other documents executed between the User and IMPACT. IMPACT reserves the right to immediately restrict, suspend or terminate the User’s access to and use of IMPACT Platform in the event IMPACT has a reason to believe that the User is not using IMPACT Platform in a reasonable, bona fide and lawful manner. Decision of IMPACT in this regards shall be final and binding on all the concerned parties and IMPACT shall not incur any liability on account of such restriction, suspension or termination. IMPACT reserves the right to initiate appropriate legal action against such User for any unlawful or illegal use of (i) IMPACT platform or (ii) of any services provided through IMPACT platform.
User agrees and acknowledges that the IMPACT Platform and services provided through it are only a facility for the conducting of business of distribution and exhibition of films. Permitting any person or entity to use the IMPACT Platform and the services offered through the same does not imply IMPACT’s approval or endorsement of such person’s or entity’s creditworthiness, business standing or reputation. User shall conduct business with and deal with other users of IMPACT Platform at its own risk and after exercising necessary prudence and caution. User accepts that IMPACT shall not have any liability for fulfillment of any business transaction, any liability, loss, damages, costs or expenses that are to be fulfilled by one user of IMPACT Platform towards another user.
IMPACT Platform and other services provided through IMPACT Platform are provided on as-is basis without any guarantees or warranties of any kind. There is no representation or warranty made by IMPACT that the IMPACT Platform and the services to be provided through IMPACT Platform are error free or suitable / fit for any particular purpose intended by the User. Usage of IMPACT Platform and services to be provided through the IMPACT Platform are subject to these Terms and Conditions and any other contractual provisions between IMPACT and User incorporated in separate document.
User agrees that the providing access to the IMPACT Platform and rendering services through IMPACT Platform may be subject to limitations/ delays caused due to inherent nature of the internet and electronic communications or transfer of server environments or other software or network or hardware or infrastructure issues, which may be beyond IMPACT’S control. IMPACT shall not be held responsible for any such limitations/ delays and any consequences thereof. IMPACT shall not be liable to the User for loss of business, loss of profits and loss of goodwill alleged to have been caused to the User on account of inability of the User to access IMPACT Platform or avail of any services to be rendered through IMPACT Platform.
User shall make the payment of the applicable fees, if any, to IMPACT for use of IMPACT Platform in a timely manner. IMPACT shall restrict the User’s access to IMPACT Platform and services, and in the event of failure of User to make payment of the fees, if any, for usage of IMPACT Platform and services.
User undertakes and confirms that all promotional and/or ancillary materials, as applicable, of the cinema theatre, drive-in theatre, cinematograph film and /or any other content, including but not limited to trailers, images, photos, social media links, banners, animation, videos, audios, sound recordings, musical works and other contents uploaded by User or provided to IMPACT to upload on IMPACT Platform, are owned by or licensed to User and shall not violate or infringe any law including but not limited to by way of being illegal, obscene, promotes terrorism, instigates communal violence, is against national interest or public policy, is defamatory, violates rights of privacy and/or violates any intellectual property right of any third party, including but not limited to copyright, trademark, patent, trade secret, moral, literary, dramatic, motion picture or contractual right and User authorizes IMPACT to display and use the promotional and / or ancillary materials etc. on IMPACT Platform by royalty-free, perpetual and global license for promotional purposes. User shall immediately inform to IMPACT of any infringement of any intellectual property rights that are displayed and used on IMPACT Platform by communication as provided in copyright policy provided on the IMPACT Platform.
IMPACT agrees to use reasonable measures to protect the Personally Identifiable Information (PII) of the User. PII of the User shall be used to communicate with the User, for billing purposes, to provide information pertaining to transactions conducted by the User on IMPACT Platform and for promotional purposes. User agrees that IMPACT may be required to share the PII of the User with government, statutory and tax authorities as a part of the compliance measures required to be fulfilled by IMPACT or upon request received from any court or statutory authority by IMPACT.
User grants IMPACT the permission to use, display, showcase User’s information, data and content for providing services and promotional purposes including marketing and advertising of cinema theatre, drive-in theatre, cinematograph film and any other content including IMPACT Platform and business including through any of IMPACT’s parent, holding, affiliates, associates, affiliates, subsidiaries, successors and assigns, representatives and agents including third parties authorized by IMPACT.
User agrees to indemnify and hold fully indemnified IMPACT and its parent, holding, subsidiaries, associates, affiliates, successors, assigns and its respective directors, officers, employees, agents and representatives from and against any claims, costs, expenses, losses, damages and liabilities arising against IMPACT on account of any unlawful act or omission of the User pertaining to the usage of IMPACT Platform or due to breach of these terms and conditions by the User.
IMPACT shall not be liable to User for any indirect, remote, incidental or consequential damages on account of usage of IMPACT Platform. To the maximum extent permissible under law, in no event liability of IMPACT to the User shall not exceed a sum of Rs.100/-.
In the event IMPACT is unable to provide User access to IMPACT Platform or IMPACT is unable to render any and all services to the User on account of occurrence of any Force Majeure events, then IMPACT shall not be held liable for deficiency of services of breach of these terms and conditions. Force Majeure events shall include but shall not be limited to fire, strikes, pandemic or epidemic, government lockdown, change of law, government regulations, earthquakes,, typhoons, tsunamis, floods, war, rebellion, terrorist acts, breakdown of server, internet services, technology and communication facilities and shall also include events of a like nature.
User may terminate its use of the IMPACT Platform and services provided through IMPACT Platform by addressing a written notice of 90 (ninety) days to IMPACT. Subject to clause 6 herein, IMPACT may terminate User’s registration/access to IMPACT Platform and services that are provided through IMPACT Platform by addressing a written notice of 30 (thirty) days to the User. However, IMPACT can terminate the User account forthwith in case the user is in breach of these terms and conditions.
IMPACT may assign its rights and obligations in the IMPACT Platform to any third party parent, holding, subsidiaries, associates, affiliates, licensors, successors and assigns etc.
In the event that any term, condition, or provision of these Terms and Conditions is held to be a violation of any applicable Law, statute, or regulation the same shall be deemed to be deleted from these Terms and Conditions and shall be of no force and effect and these Terms and Conditions shall remain in full force and effect as if such term, condition, or provision had not originally been contained in these Terms and Conditions. Notwithstanding the above, in the event of any such deletion, IMPACT shall substitute a mutually acceptable and satisfactory alternative provision in place of the provision so deleted to capture the primary intent of the original provision.
All notices required to be served under these Terms and Conditions to IMPACT shall be in writing and may be served by personal delivery, email or by first class post to Impact Media Exchange Limited, Valuable Techno Park, Plot No. 53/1, Road No. 7, M.I.D.C, Marol, Andheri (East) Mumbai, Maharashtra – 400 093, India in case of IMPACT. IMPACT shall address a notice, if required, to the email address and the mailing address provided by the User at the time of registration or as may be last updated by the User. No notice shall be deemed to have been given or served unless addressed to the person to be served as set out above; and proof of delivery is recorded or received. A notice shall be deemed to have been sufficiently given: (i) when delivered in person, (ii) upon receipt of a delivery of the email, or (iii) on the day of the receipt of courier.
No failure or delay by IMPACT in exercising any right, power or remedy under this Agreement or by Applicable Law shall operate as a waiver thereof, nor shall it prevent or restrict IMPACT in any further exercise thereof or the exercise of any other right, power or remedy.
These terms and conditions shall be construed, interpreted and governed exclusively by laws of India, without reference to any conflict of laws. In the event of any dispute between you and us in respect of these terms and conditions, it shall be referred to a sole arbitrator appointed under the Arbitration and Conciliation Act, 1996 (as amended). The place and seat of arbitration shall be Mumbai. The language of arbitration shall be English. Subject to arbitration, the courts in Mumbai shall have exclusive jurisdiction in exclusion to other courts.