Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This is a legal agreement between you, the user (‘You’) of the Services, as defined below, and Adani Wilmar Limited (“Adani Adani Wilmar”) stating the terms that govern Your use of the Site, as defined below. If You do not agree to these Terms and Conditions, you are not entitled to use the Services and any use thereafter shall be unauthorized.
The www.gujaratgiants.com website (the "Site") hosts the online video service offering sports programming (including live streaming and highlights of sporting events), television shows, movies, clips, and other contents, current or as may be added in future and sale of merchandise in relation to its Kabaddi Team of Gujarat Giants (GG) (collectively, the "Content"). The Site is maintained and operated by Adani Wilmar Limited, having its registered office at Fortune House, Nr Mithakhali Circle, Navrangpura, Ahmedabad 380 009, Gujarat, India(“Adani Wilmar”). The video service, the Content, the player for viewing the Content (the "Video Player") and all other features, tools, applications, materials, or other services offered from time to time by Adani Wilmar in connection with its business, however accessed, are referred to collectively as the "Services".The Content is available for permissible viewing on or through one or more of the following platforms (collectively, the "Properties"):
- The Site;
- Adani Wilmar's affiliate and distributor websites;
- Other websites where website operators are permitted to embed the Video Player; and
- Any other authorized applications, websites, features or devices launched or operated by Adani Wilmar and/or its affiliates from time to time.
When You use/avail the Services or access the Properties or send any data, information or communication to Adani Wilmar, You agree and understand that You are communicating with Adani Wilmar through electronic records and You consent to receive communications via electronic records from Adani Wilmar periodically and as and when required. Adani Wilmar will communicate with You by email and/or any push or other message or electronic records on the email address and/or mobile number You shall submit to Adani Wilmar at the time of registration for the Services, which will be deemed adequate service of notice / electronic record.
COPYRIGHT AND TRADEMARK RIGHTS
The Content which is viewed on the Properties (including all video, audio, graphics, text, images, photographs, user interface and all other content and the selection, coordination, and arrangement of such Content) is copyrighted material of Adani Wilmar and/or Adani Wilmar’s licensors, and You agree not to use the Content or any part thereof except as provided in these Terms and Conditions, without the prior written permission of Adani Wilmar. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the Content comprising the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
Adani Wilmar (or Adani Wilmar’s affiliates or licensors or third parties) owns all rights in the product names, company names, trade names, logos, product packaging and designs ("Trademarks") that appear in the Content and Adani Wilmar or such affiliates or licensors or third parties, as the case may be, owns all Trademarks in their respective products or services, whether or not appearing in large print and with or without the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under applicable law in India and other jurisdictions. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in these Terms, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
ACCESS AND USE OF THE SERVICES
Adani Wilmar grants You a non-exclusive limited license to use the Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, only for personal, non-commercial purposes as set forth in these Terms and Conditions. Any other use, including for any commercial purposes, is strictly prohibited without Adani Wilmar’s express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.
You may register for the Services using either Your personal email address or through your Facebook account and by following the instructions You receive from Adani Wilmar pursuant to submitting your details, to complete the registration process. If you choose to register through Facebook, you will be required to enter the details of your Facebook account information on the Site. You agree and represent that the Facebook account information provided by you is true and accurate and that such account relates to you and no other person. Adani Wilmar and/or its group companies shall be in no way responsible for verifying the accuracy of the personal information submitted by You and You shall at all times continue to remain liable for the same. You agree and confirm that by choosing to register on the Site through your Facebook account, certain information (including your friend lists and your account information) shall be accessible to Adani Wilmar and You consent to Adani Wilmar’s access and use of the such information.
BY AGREEING TO USE/AVAIL THE SERVICES:
- You confirm and warrant that all the data and information supplied by You when You use the Services and provided by You to Adani Wilmar and or any Adani Wilmar’s affiliates, distributors is true, current, complete and accurate in all respects.
- Adani Wilmar will not levy any fee for browsing the Website or buying the Products on the Website. The payment related to the purchase of Product shall go directly to Seller. Adani Wilmar Limited is only facilitating sales between authorised Distributor of Marico and User/Consumers. Adani Wilmar shall not be responsible for any disputes related to transaction of sale or services.
- By using this Service You acknowledge that the Services are accessed through a computer, handheld device, mobile device, smart TV or OTT device (each a “Device”) via telecommunications/ internet connection. You are responsible for the provision of and payment for all telecommunications/ internet services and all other items of hardware or communications equipment necessary to enable You to access the Services. You are aware that video streaming uses extensive amount of data and additional charges may be levied by Your mobile or internet service provider for such data use. Adani Wilmar will not be responsible for any such additional data charges incurred by You. Not all features available through the Services (including but not limited to certain live streaming or high quality audio/video) will be available to you unless your Device satisfies the minimum technical system requirements.. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that Your Device no longer satisfies the requirements, Your exclusive remedy will be to request termination of your access to the Services. Adani Wilmar will not be responsible, nor will You be entitled, for any damages, for disruption, unavailability, or failure in Your telecommunications equipment and/or internet connection or services or if Your Device/ other equipment/ hardware system/ internet/ telecommunication service do not conform to the minimum system requirements as stated above.
- You agree that Adani Wilmar has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason. Adani Wilmar may, but shall not be obliged to, give You notice of any interruption of access to the Services, to the extent it is reasonably practicable. Adani Wilmar will restore access to the Services as soon as reasonably practicable after temporary suspension. Adani Wilmar shall not be liable to You for any loss that You may incur as a result of such suspension or delay. Adani Wilmar.
- You acknowledge that while Adani Wilmar shall take all reasonable steps necessary to ensure a high quality video feed, Adani Wilmar cannot control internet network congestion that may occur and affect the quality of the video delivered through the Video Player. You further agree and acknowledge that there might be delays, minor or otherwise, in transmission of the Services as compared to other forms of distribution of the Adani Wilmar network channels.
- You agree that Adani Wilmar shall be under no liability whatsoever to You in the event of non-availability of any portion of the Services occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Adani Wilmar.
- You acknowledge that Adani Wilmar reserves the unrestricted and discretionary right to change, rearrange, add or delete Services offerings, the selections in those offerings/packages, prices, and any other service Adani Wilmar may offer, at any time. Adani Wilmar will endeavor to notify You of any such change that is within Adani Wilmar’s reasonable control and its effective date.
- You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Further, You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any derivative work and/or material based on the Content.
- You agree that Adani Wilmar owns and retains all rights to the Services. You further agree that the Content You access and view as part of the Services is owned or controlled by Adani Wilmar and or its licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
- The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only. The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
TERMINATION OF SERVICE
Adani Wilmar reserves the right to immediately terminate or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if Adani Wilmar determines in its sole discretion that You have breached these Terms and Conditions, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.
USER REVIEWS, COMMENTS AND OTHER MATERIAL
You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments (collectively, "User Material"). You agree that Adani Wilmar shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Adani Wilmar may determine, in its sole discretion, is inappropriate or for any other business reason. You agree to adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which You do not have any right to;
- Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- May harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
You acknowledge that Adani Wilmar does not guarantee any confidentiality with respect to any User Material.
By Posting the User Material, You hereby grant Adani Wilmar a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license You grant to Adani Wilmar is non-exclusive, royalty-free, and sub licensable.
In no event does Adani Wilmar assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against Adani Wilmar with respect to such User Material.
If you have any questions or complaints relating to any User Material uploaded on the site, then please contact: [www.prokabaddi.com]
Your email, which must bear your digital signature or a signed written complaint should include the following information:
- Details of the objectionable Post;
- Details of the basis of the objection;
- Other relevant information required by the Company to assess the complaint.
LINKED DESTINATIONS AND ADVERTISING
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Adani Wilmar or the Website and Adani Wilmar is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Adani Wilmar is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Adani Wilmar is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Adani Wilmar or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
Adani Wilmar is not responsible for any errors, omissions or representations on any Linked Site. Adani Wilmar does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Adani Wilmar is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Adani Wilmar. By using the Services, You acknowledge and agree that Adani Wilmar is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.
Adani Wilmar takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Adani Wilmar is not liable for any loss or claim that You may have against an advertiser.
If You have any questions, complaints or claims with respect to any of the Services, then such correspondence should be directed to email@example.com.
DISCLAIMER OF WARRANTIES
You agree that use of the Services is at Your own risk. The Services including the Site, the Content, the Video Player, user material and any other materials contained on or provided through the Properties are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Adani Wilmar does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable
COMPLIANCE WITH LAWS/REGULATIONS
You are required to comply with all applicable laws and regulations in connection with your use of the Services. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by these Terms. Adani Wilmar reserves the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
LIMITATION OF LIABILITY
IN NO CASE SHALL ADANI WILMAR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY, THE USE OR THE INABILITY TO USE THE SERVICES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA, ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
You agree to defend, indemnify and hold harmless Adani Wilmar, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the subscribed Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) Your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of Terms and Conditions and Your use of the Service.
This website (excluding third party linked sites) is controlled by Adani Wilmar from its offices located in Ahmedabad, State of Gujarat, India. All matters relating to the Site, access to, or use of shall be governed by the laws of India applicable therein without reference to conflict. You agree and hereby submit to the exclusive jurisdiction and venue of the courts at Ahmedabad with respect to such matters. Adani Wilmar makes no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so, on their own initiative and are responsible for compliance with local laws.
The relationship between You and Adani Wilmar shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that Adani Wilmar has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.
If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.