Terms & Conditions
1.1 Dekh Entertainment Ltd ("A Dekh", "We", "Our", or "us") provides our members ("You") with access to films, web series, TV shows, and other cinematographic content ("Content") in the form of an over-the-top (OTT) service ("Service") through A Dekh's website at adekh.com ("Website") and A Dekh's mobile Android and iOS applications ("Application").
1.2 The Terms & Conditions ("Terms") specified here govern your use of A Dekh's Service. This Service includes all the features, reviews, recommendations, user interfaces, software components, Website, Application, and any other components that help us provide this Service. The Content available through our Service is protected by applicable copyrights, trademarks, patents, and all other intellectual property rights. This Content is owned by A Dekh and/or our licensors.
1.3 Your acceptance of the Terms means that you acknowledge, agree, and understand that you shall not have any rights or claims related to A Dekh's Website, Application, and Service or any parts thereof. You also acknowledge that you shall never be entitled to any claim whatsoever for the same.
1.4 You hereby agree that you shall not copy, duplicate, capture, upload, download, reproduce, sell, modify, translate, manipulate, stream, archive, publish, or broadcast any Content available on our Website and Application. Further, you agree that you shall not reverse engineering, decompile, exploit, or disassemble any part(s) of the Website and Application.
1.5 You are prohibited from generating, creating, or producing any derivative work, such as montages, mash-ups, wallpapers, themes, and merchandise, except as authorised in writing by A Dekh.
1.6 While availing of our Service, you shall not remove, interfere, circumvent, or alter any kind of notice on our Website and Application or any digital rights management mechanisms, content protection measures, or access control measures applied on the Content.
1.7 All intellectual property rights of the user-generated content published on our Website or Application shall exclusively rest with A Dekh.
1.8 In case A Dekh fails to exercise, enforce, or implement any right or liability specified in the Terms, it shall not be constituted as a waiver of that right or liability.
1.9 The Terms specified here supersede any prior understanding or agreement between you and A Dekh. This includes any previous version of the Terms that you had agreed to.
2.1 The Content on A Dekh's Service is only available for individuals who are at least 18 years of age.
2.2 By browsing A Dekh's Website or installing the Application, or using A Dekh's Service, you represent and certify that you are 18 years or older.
2.3 Some Content offered by A Dekh may not be suitable for certain sections of viewers, and hence, the viewer's discretion is strongly advised.
3. Personal Use
3.1 A Dekh's Service and any Content provided through the Service are only for your personal and non-commercial use.
3.2 During your membership, A Dekh grants you a limited, non-exclusive, and non-transferable right to access our Service and view available content through the Website and Application.
3.3 Except as specified in clause 3.2, no other title, interest, or right shall vest with you or get transferred to you.
3.4 You agree that you shall not use the Service or any Content available for public performances. Moreover, you hereby agree without any exceptions that you shall not use the Content for violating any laws in your local jurisdiction or use the Website or Application in any manner that violates any laws in your local jurisdiction.
3.5 Any violation of the Terms can result in your membership's immediate termination, and A Dekh may seek available remedies under the law.
3.6 A Dekh reserves the right to limit the number of devices on which the Content is available through its Service.
4.1 A Dekh disclaims any liability or hindrances in accessing the Service that may arise due to a change in your location.
4.2 You shall be solely liable for accessing A Dekh's Service from a country of your choice.
5.1 You agree that it shall be your responsibility to own, obtain, and maintain a device and internet services required to access A Dekh's Service.
5.2 You agree that it shall be your responsibility to pay all such charges, taxes, and fees for obtaining this Service.
5.3 A Dekh shall not be responsible for any expenses you incur in accessing the Service.
5.4 Your access to the Service shall be subject to the operating system of your device.
5.5 A Dekh shall not be responsible for fluctuations in services provided by other service providers such as internet service providers.
5.6 You agree that A Dekh shall have no responsibility for any delay, defect, or corruption while downloading the Application or accessing the Website on your device.
5.7 You hereby accept that it shall be your responsibility to update the Application on your device in line with upgrades, changes, updates, and new features introduced by A Dekh.
5.8 A Dekh disclaims any responsibility for your inability to access the Content on your device(s).
6. Registration Process
6.1 The registration process for A Dekh's Service requires you to create an account by submitting the following information:
6.2 By accepting the Terms, you acknowledge and accept that the information provided by you is complete, current, and correct.
6.3 A Dekh reserves the exclusive right to terminate your registration or your existing account without assigning any reason thereof.
6.4 As a registered user, it shall be your responsibility not to disclose your password to any third party and safeguard your account.
6.5 You take sole responsibility for any activity that happens under your registered account, irrespective of your authorisation for such an activity.
6.6 You take full responsibility that the Content available on A Dekh's Service shall not be accessed by the children through your device(s).
6.7 If you believe that your account has been compromised, it shall be your sole responsibility to change your password at the earliest.
6.8 A Dekh shall not be responsible for any financial loss, inconvenience, or mental agony, or loss of any other nature, that may arise due to misuse of your account. You expressly accept that you absolve A Dekh of any liability in this regard.
8.1 To access the content available on A Dekh's Service, you must subscribe to any one of the subscription plans given on the Website or Application.
8.2 A Dekh reserves the right to modify a subscription plan at our discretion, introduce new plans, or discontinue the existing plans without any notice or liability. A subscription plan includes information such as subscription fee, billing cycle, and features provided to the users.
8.3 It is your responsibility to avail a new subscription plan, in case your existing subscription plan expires, for continued access to the Service.
8.4 A Dekh reserves the right to discontinue its Website or Application without prior notice.
8.5 Your continued use of A Dekh's Service shall be deemed your continued acceptance of the Terms and any amendments thereof.
8.6 A Dekh does not guarantee the minimum amount of Content that will be available as a part of your subscription. Further, A Dekh does not guarantee the availability of specific Content for a particular duration.
8.7 A Dekh reserves the right to refrain from providing any anti-national content, promoting any type of propaganda, is against public policy, or is banned or restricted from distribution under any law.
8.8 If A Dekh determines that a particular piece of Content is objectionable, derogatory, or hurts religious sentiments or infringes the privacy of any individual, A Dekh may refrain from providing that Content on its Service.
9. Payment Gateway
9.1 For making the payment for the subscription fee, you must provide one or more payment methods.
9.2 In case you have added multiple payment methods, you authorise A Dekh to charge any payment method connected to your account if the primary payment method fails.
9.3 If the payment for the renewal of the subscription plan fails, A Dekh may suspend your membership until you make the payment using a valid payment method.
9.4 You can manage your payment methods by going to the Cards option in the Account section on the Website or Application.
9.5 You agree that you shall use your own credit card, debit card, or internet banking account for making the payment.
9.6 You acknowledge that you will be redirected to a third-party payment gateway while making the payment for your subscription fee.
9.7 A Dekh does not control third-party websites, and hence, A Dekh shall not be responsible for any transactions on such websites.
9.8 A Dekh shall not be responsible for any fraudulent transactions through your payment methods, and accordingly, A Dekh will not entertain any such user grievances or issues. You are informed to communicate the fraudulent transactions to your bank or card issuer at the earliest.
9.9 A Dekh shall not be responsible for any dispute that may arise while making the online payment to avail of one of our subscription plans.
10. Refund Policy
10.1 All the payments made by you towards one or more subscription plans offered by A Dekh are non-refundable.
10.2 The condition given in Clause 10.1 applies irrespective of whether you have used your subscription plan or not.
10.3 After you cancel your subscription to A Dekh's Service, you shall continue to access the Service until the billing cycle concludes
10.4 Your acceptance of the Terms demonstrates that you have thoroughly read and understood our Refund Policy available here.
11. Account Access
11.1 In line with clause 6.5, you accept that you will be responsible for any activity that happens through your account registered with A Dekh.
11.2 You accept that you shall maintain control over your account and prevent unauthorised access to your account.
11.3 You shall not disclose your passwords, or any other confidential information such as payment methods, to any third party.
11.4 You are responsible for maintaining the correct information related to your account.
11.5 If A Dekh believes that your account is being misused in any manner, A Dekh reserves the exclusive right to cancel your membership immediately without assigning any reason.
11.6 If you believe that your account has been used without authorisation, you will immediately notify A Dekh of the same.
11.7 A Dekh disclaims any liability for loss(es) that you may incur due to a third-party accessing your account, irrespective of your authorisation.
11.8 You accept that you might be held liable for losses incurred by A Dekh due to misuse of your account.
12. Restriction & Prohibitions
12.1 You agree not to use any device, tool, application, service, or software to display, upload, download, perform, copy, archive, publish, transmit, or any related activity to assign, resell, lease, rent, duplicate the Content available on the Service.
12.2 You shall not allow any third party to benefit from your user account via any kind of arrangement.
12.3 You shall not use any tools that can perform scraping, robot, deep linking, or any other manual or automatic programs, processes, algorithms, or mechanisms that seek to access, acquire, duplicate, or monitor any piece of Content available on A Dekh.
12.4 You shall not make any attempts to reproduce, bypass, or circumvent the Website or Application to access any information that is not available on purpose.
12.5 You shall not launch any scans or tests to test the security of A Dekh Website, Application, or any network or computer resource connected to the Website or Application.
12.6 You shall not perform any exercises that help in tracing the information of other visitors or users of A Dekh.
12.7 You shall not perform any activity that puts an unreasonable load on the A Dekh servers.
12.8 In the context of third-party advertisers that we may enter into a contract with, you agree that A Dekh shall not be responsible for:
a. Availability of third-party sites or any links thereof
b. Products, services, and content available on third-party sites
c. Authenticity of information available on third-party sites
12.9 You acknowledge that the use of such third-party websites shall be absolutely at your risk.
12.10 A Dekh shall not be responsible for using your public information that you publicly disclose on any public platform.
12.11 You are prohibited from using A Dekh's Service, Website, and Application for:
a. Performing any activity that is deemed unlawful as per your local laws
b. Soliciting other individuals to participate in unlawful acts
c. Violating any regional, domestic, national, and international rules, regulations, and laws
d. Infringing intellectual property rights of A Dekh or our licensors
e. Performing any activity that includes harassment, abuse, insult, defamation, slander, intimidation, or discrimination based on gender, religion, ethnicity, race, age, disability, or national origin
f. Submitting any information that is false, incorrect, or misleading
g. Uploading, transmitting or executing any malicious software that can impact the ordinary functionality of A Dekh's Service, Website, or Application
h. Any immoral, corrupt, or obscene purpose
i. Circumventing or bypassing any security features implemented by A Dekh
13.1 You agree that your use of A Dekh's Service is absolutely at your own risk.
13.2 A Dekh's Service is provided "as available" and "as is" without any warranties, conditions, endorsements, or representations.
13.3 A Dekh and our licensors expressly disclaim liabilities of all kinds, whether express or implied, related to the Content available on A Dekh's Service.
13.4 A Dekh does not make any warranties regarding the accuracy of the Content available on our Website and Application. A Dekh shall not be liable for any presumption or assumption related to the Content available on A Dekh's Service.
13.5 A Dekh disclaims liability of any kind that may arise due to your use of our Service. A Dekh disclaims any liability for losses or damages incurred by you due to using our Service.
13.6 A Dekh does not guarantee that the Service will be provided uninterrupted, timely, securely, and error-free.
13.7 By accepting the Terms, you expressly waive all direct, indirect, special, or consequential damages against us.
14. Third-party Content
14.1 You agree that content from third-party websites can be available on our Website or Application.
14.2 Third-party links may redirect you to their respective websites that are neither associated nor affiliated with us.
14.3 A Dekh shall not be responsible for the accuracy of content available on third-party sites or any of their links.
14.4 A Dekh shall not be liable for any damage or loss you may suffer by accessing content, availing services, downloading resources, or any other activities on third-party sites.
15. Changes in Terms & Conditions
15.1 This page shall have the latest version of the Terms for using the A Dekh's Service.
15.2 A Dekh reserves the right to make changes, add or remove a part, or replace a part of the Terms mentioned here.
15.3 Your continued use of our Service shall be deemed an acceptance of updates in our Terms & Conditions.
17. Nature of Relationship
17.1 The legal relationship between you and A Dekh is on a principal-to-principal basis.
17.2 You shall, in no way, be A Dekh's legal representative, agent, partner, or any other mode of representation for any reason whatsoever.
17.3 You expressly agree that A Dekh shall not be bound to resolve your complaint to your satisfaction. All the steps taken by A Dekh on your complaint shall be at the absolute discretion of A Dekh.
18.1 Your membership for accessing A Dekh's Service will continue until it gets terminated.
18.2 Your right to use A Dekh's Service shall terminate automatically when your subscription plan expires unless you renew it using the same or different subscription plan.
18.3 A Dekh reserves the right to terminate your account for violating the Terms without assigning any reason.
18.4 Upon termination or cancellation, you acknowledge that no amount shall be refunded back to you.
19. Copyright Infringement
19.1 A Dekh respects the intellectual property rights of other parties.
19.2 Upon receiving a proper written notice of claimed copyright infringement, A Dekh shall remove the infringing piece of Content.
19.3 A proper written notice of claimed copyright infringement must specify
a. Copyrighted work that is claimed to have been infringed
b. Infringing copy and other necessary information
c. Your contact information
d. A statement explicitly stating that "you firmly believe in good faith that the disputed use has not been authorised by the copyright owner, their agent, or the local law."
e. A statement explicitly stating that you are the copyright owner OR you are authorised to act on behalf of a copyright owner
f. Your signature
19.4 Such notice must be sent to [email protected]
20. Notices & Grievances
20.1 Any notice or communication required shall be in writing and emailed to A Dekh at [email protected]
20.2 For emails sent on the email mentioned above addresses, the time and date of receipt shall be the time and date when your email enters our mail servers.
20.3 For any complaints related to Content available on A Dekh's Service, or any title, age rating, synopsis, or parental control feature available on A Dekh’s Website or Application, you can write to our Grievances Redressal Officer at [email protected]
Your email shall contain the following details:
a. Your name
b. Your email address
c. Your mobile number
d. Details of the objectionable content and its URL
e. How does the content in question affect your legal rights?
f. A government-issued identity card
20.4 A Dekh shall make reasonable efforts to address your complaint and objections raised thereof.
20.5 The Grievance Redressal Officer shall acknowledge your complaint within a period of twenty-four hours upon the receipt of the complaint.
20.6 The Grievance Redressal Officer shall resolve the grievance within 15 days from the date of receipt of the complaint.
20.7 In case of an immediate redressal for non-consensual intimate images, A Dekh shall remove the content within twenty-four hours.
21. Errors and Omissions
21.1 At times, A Dekh's Website or Application may contain information that consists of typographical mistakes, inaccuracies, acts, or omissions related to pricing, promotions, availability, content description, etc. A Dekh reserves the right to make necessary changes to address the errors and omissions.
21.2 A Dekh undertakes no obligation to clarify, change, update, or amend any information on A Dekh's Service, except as required by the law.
22.1 By accepting the Terms, you agree to indemnify A Dekh, its parent/subsidiary organisations, directors, consultants, agents, contractors and subcontractors, licensors, employees, suppliers, and interns from any claim, liability, damage, costs, loss, expenses, or fees that may arise due to
a. Any information available on A Dekh's Service
b. Your use of A Dekh's Service and your user account
c. Your violation of the Terms
d. Violation of rights of any other individual
22.2 A Dekh reserves the right to assume the exclusive defence and control of any matter that would be otherwise subject to your indemnification. You agree to coordinate and cooperate with A Dekh in exploring all possible defences.
22.3 This provision shall remain in force even after the termination or cancellation of your subscription.
23. Severability & Governing Law
23.1 If any clause or provision of these Terms & Conditions is deemed to be void, invalid, unlawful, or unenforceable by a court of law, such provision or clause shall nonetheless be enforceable to the fullest extent possible and unenforceable part shall be deemed to be severed from the rest of the Terms.
23.2 The Terms or any other agreement that you enter into for availing A Dekh's Service shall be governed per the laws of Canada and the jurisdiction of Winnipeg, Manitoba.