TERMS OF USE

The content displayed on this platform have been created by adhering to the regulations laid down in the Intermediary Guidelines and Digital Media Ethics Code 2021 which has been made for the OTT platforms. The contents do not aim to harm the national interests of any individual and is not against any government rules and regulations. It is also not unnecessarily sexually explicit and does not involve any kind of child pornography. The contents have been made keeping in mind the other contents that are displayed on the other OTT platforms, web portals and social medias and the customer demand as no proper laws and regulation in regards to the type of content is available with us. In case you feel that any of the content that has been displayed on this platform is against any laws or is against any of the government sentiments or is not suitable for the display in this platform or in any other platform for any reason whatsoever we can help you get in touch with the director or the producer of the content that you feel is not suitable. As we do not create the content we have no right in regards to any changes as the creation right of the content vests in the producer of the content even if the publication right or the copyright whatsoever has been transferred to us or not. In this situation you are requested to contact with as telling as the details of the content which you feel is unsuitable and the reason for the same and we will help you get in touch with the concerned person

GupChup provides a personalized subscription service that allows our members to access Films, Short Films, Web Series and TV shows ("Content") streamed over the Internet to certain Internet-connected devices ("Gup Chup ready devices"). These Terms of Use govern your use of our service. As used in these Terms of Use, "Gup Chup service", "our service" or "the service" means the personalized service provided by Gup Chup for discovering and watching Gup Chup content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

MAJORITY

GUP CHUP is available for individuals who have attained the age of majority in their jurisdiction unless otherwise specified. If You are under the relevant age of majority in Your jurisdiction, You may only access the Website/ Application and avail the Services only in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In case YOU are less than 18 years of age, You have taken consent of Your parent or guardian. SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER'S DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY MINORS. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE.

USE OF CONTENT

The content on GUP CHUP and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by GUP CHUP and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Website/ Application content/ services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, archive, upload, download, publish, broadcast, sell, resell, edit, modify, manipulate, translate, decompile, disassemble, reverse engineer or exploit for any purposes the content or any portion of Website/ Application, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by GUP CHUP. In addition, You are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by GUP CHUP. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, 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 (including, without limitation, Geo-filtering and/or encryption) associated with the Content. You hereby agree that all intellectual property rights, title and interest in the user-generated content published or generated on Website/ Application by You shall vest with GUP CHUP.

Disclaimer : The content that is shown here is not of our production. We merely display the content. It is the creation of other users. In case you have any query in regards to the same please let us know and we shall try and get you the details of the directors. In case you see the content is being shown in any other site other than ours please write to us and we shall take all necessary steps

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall GUP CHUP or entities associated, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website/App.
You will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use GUP CHUP and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider. GUP CHUP may, at its sole discretion, make bug fixes, updates for the installed Application. In the event GUP CHUP has upgraded the Application or any features thereof, You will be required to update Your Device in order to make the Device compatible with such upgrades. GUP CHUP shall not be responsible or liable to You in the event You are unable to access GUP CHUP or view the Content on GUP CHUP due to Your failure to upgrade Your Device.

You understand that your contents – not including credit card information, may be transferred unencrypted and involve

transmission over various networks; and

changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

LIABILITY

User agrees that neither GUP CHUP, its directors, entities associated including employees, contractual third parties shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the services or resulting from any information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if GUP CHUP has been advised of the possibility of such damages.

User further agrees that GUP CHUP shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. We shall not be liable to provide any service due to any situation which is beyond our control or any force majeure conditions like change in the government policies, rules or regulations, natural calamities, riot, strike, epidemic, Act of God etc.

User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall GUP CHUP’ total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to GUP CHUP, if any, that is related to the cause of action.

INDEMNITY

The User unilaterally agree to indemnify and hold harmless, without objection, the GUPCHUP from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Site/App or their breach of the terms.

REGISTRATION

To register for the GUPCHUP Website/ Application, You shall be required to open an account by completing the registration process by providing us with your current, complete and accurate information as prompted by the applicable registration form; You shall also choose a password and a user name. GUP CHUP reserves the right to suspend or terminate Your registration as Registered User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As a Registered User, You shall be responsible for safeguarding Your password and for all transactions undertaken using Your Username and password. You agree not to disclose Your password to any third party and to take sole responsibility for any activities or actions under Your account, whether or not You have authorized such activities or actions. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences, i.e., above the age of majority, is not accessed by children. Hence, you may not share your log in credentials with your children. It is Your sole responsibility to change Your password immediately if You believe that Your password has been compromised. GUP CHUP will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your Username and password in any circumstances. You expressly agree to absolve GUP CHUP and/or the GUP CHUP Website/ Application of any responsibility/ liability in this regard. We reserve the right to refuse service to anyone for any reason at any time.

SUBSCRIPTION

To be able to view certain premium content ("Premium Content"), you will be required to subscribe to any one subscription plan ("Plan") on GUP CHUP Website/ Application. Any Registered User can avail the Subscription Package ("Subscription User"). As Subscription User, you will be required to subscribe to Subscription Packages made available by GUP CHUP from time to time. The subscription to Subscription Packages may be subject to additional terms specified by GUP CHUP. We reserve the right to change the subscription rate/package/amount from time to time at our own discretion. GUP CHUP reserves the right to modify or discontinue Website/ Application at its sole discretion with or without notice to You. GUP CHUP shall not be liable to You or any third party in any manner, should GUP CHUP exercise its right to modify or discontinue Website/ Application. Further, GUP CHUP reserves the right, at any time, with or without notice and without any liability to change, terminate or otherwise amend the Subscription Plans, Subscription Fees for the Subscription, billing Cycle and any part of Gup Chup Services at its sole discretion and at any time. We do not guarantee any stability of the subscription plan in case of any change in the business structure. Such amendments shall be effective upon posting on the site/app and your continued use of the services shall be deemed to be your acceptance of such amendments Further, GUP CHUP reserves the right to change, supplement, alter or remove packaging and introduce base and add on packages and/or offer content on individual basis that is subject to subscription as it deems fit. Gup Chup does not guarantee the availability of a specific content or minimum amount of content that is subject to subscription fees.

We do not accept any direct payment. Payment is received only through any third-party payment gateway. Your subscription is activated only after you come back to our website from the website of the payment gateway after completing the payment. Thereafter the subscription gets activated automatically. As we directly do not take any payments, we do not generate any invoice in regards to the payment done. The payment gateway team provides an invoice to the registered mail id of the customer if your payment is successful. In case the customer provides an incorrect mail id the invoice is not sent. We are not liable in regards the same.

In between this entire process if due to any problem in the server or in case you exit the page of the payment browser or due to any other reason your payment is made but subscription has not been received you are requested to contact our technical team or support team. You are also requested not to pay once again and wait for a while. Our team will solve your problem within 5-7 working days. (excluding natural calamities, war, political aggression, internal disturbance or emergency of any kind). Our website also does not provide for any service of automatic payment for the purpose of monthly subscription. Hence any payment made by you shall be construed for the purpose of availing subscription. It is also to be mentioned here that only a single subscription can be received from an account.

Additionally, GUP CHUP shall have the right, but not the obligation, to refrain from providing to You any Content in the interest of national security or in the event of emergency/ war or similar situation or if the Content is anti-national, promotes political/ religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or GUP CHUP otherwise determine that it is objectionable or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of GUP CHUP’s subscribers or the general public.

PAYMENT GATEWAY

To use the Gup Chup service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, You must use Your own credit card and/or debit card and/or net banking account and/or cash card. You confirm and acknowledge that You are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, You may be directed to an external payment gateway page. The payment gateway may redirect You to other website(s) maintained or controlled by third parties, and GUP CHUP does not control such third party website(s) and hence is not responsible for any transactions on such website(s). GUP CHUP will not be liable for any credit card or debit card or net banking or cash card fraud, and GUP CHUP will not entertain or address any such grievances or issues. You are requested to communicate all grievances related to such issues to Your bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. GUP CHUP shall not be responsible for all or any dispute or difference relating to online payment made by You through credit card or debit card or net banking account or cash card or via any other mode available. Further, GUP CHUP will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of your credit/debit card and net banking confidential and do not share any such details with any other third party.

BILLING AND ACCOUNT INFORMATION

By subscribing to GUP CHUP, you are expressly agreeing that GUP CHUP is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of GUP CHUP’s Service through any such payment method/ instrument including but not limited to credit/debit card, net banking or other payment method/ instrument accepted by GUP CHUP ("Payment Method") that you have provided. The Payment Methods will differ from platform to platform (operating systems). The length of the Biling cycle will depend on the type of Subscription that you choose when you sign up for services. The Subscription Fee will be billed at the beginning of Your Subscription membership and on each subsequent renewal (as per the Subscription plan chosen by You) unless and until You cancel Your Subscription or the Subscription is otherwise suspended or discontinued pursuant to these Terms. In the event you desire to discontinue your subscription, you may contact us at grievence@gupchup.app in order to obtain assistance in this regard. Depending on packages and/or value added services and the term of the proposed subscription, You will be required to make payment via a Payment Method provided by GUP CHUP for accessing and browsing GUP CHUP. If You wish to avail GUP CHUP after the expiry of the initial term of Subscribed Packages, You shall prior to the expiry of such term, recharge Your account with the then prevailing subscription charges. The Subscription or any information with respect to same is not transferable to any new or existing account under any circumstances. However, Any changes in the Subscription Plan opted by You is effective only after the expiry of the current Subscription period for which You have already been billed. Accordingly, the Subscription as per revised plan opted by You shall be effective only after the expiry of the then current Subscription period. You agree to provide current, complete and accurate account information for all subscriptions. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

RESTRICTIONS & PROHIBITED USES

You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sub-license, assign, pledge, loan, or resell the Content of GUP CHUP. You shall only use GUP CHUP on Device(s) that is under Your exclusive control and ownership. You shall not permit any third party to benefit from the use or functionality of GUP CHUP, either directly or via any facility management, time-sharing, service bureau or any other arrangement. If You transfer possession of any copy of GUP CHUP to another party, Your subscription of GUP CHUP shall automatically get terminated and further actions shall be taken against you as prescribed in law and legal remedies available. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device(s), program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of GUP CHUP or any Content, or in any way reproduce or circumvent the navigational structure or presentation of GUP CHUP or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through GUP CHUP. We reserve the right to bar any such activity. You shall not probe, scan or test the vulnerability of GUP CHUP website or any network connected to GUP CHUP nor breach the security or authentication measures on GUP CHUP or any network connected to GUP CHUP. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to GUP CHUP to its source. You also agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of GUP CHUP or any systems or networks connected to GUP CHUP. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through GUP CHUP, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on You acknowledge and agree that GUP CHUP is not responsible or liable for: 1. the availability or accuracy of such websites or resources; or 2. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GUP CHUP of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from Your use of any such websites or resources. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on GUP CHUP and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of GUP CHUP, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using GUP CHUP, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on GUP CHUP. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: i. for any unlawful purpose; ii. to solicit others to perform or participate in any unlawful acts; iii. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

to infringe upon or violate our intellectual property rights or the intellectual property rights of others; v. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; vi. to submit false or misleading information; vii. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; viii. to collect or track the personal information of others; ix. to spam, Phish, harm, pretext, spider, crawl, or scrape; (x)for any obscene or immoral purpose; or x. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website/ Application for violating any of the prohibited uses.

THIRD-PARTY LINKS

You acknowledge and agree that certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the subscriptions or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third- party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. We shall also not be liable to inform our users in the event there is a transfer of ownership.

RELATIONSHIP

The relationship between GUP CHUP and You is on a principal-to-principal basis. You are in no way GUP CHUP’s legal representative, partner or agent for any reason whatsoever.

NOTICES

Any notices or other communications required will be in writing and emailed to GUP CHUP at info@Gup Chup.app for notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. In the event you have any complaints with respect to any Content on GUP CHUP, please write to us at info@Gup Chup.app with details of the objectionable content and Your details including Your name, mobile number and such other details as may be requested by Us. Based on the complaint raised, we will take reasonable measures to resolve the issue. You hereby expressly agree that GUP CHUP shall under no circumstance be liable to You for any damages whatsoever. Further, You hereby expressly agree that GUP CHUP makes no representations under these Terms of Use that any complaint raised by You will be resolved to Your satisfaction. All steps to be taken by GUP CHUP in this regard shall be at the sole discretion of GUP CHUP.

TERMINATION

Your Membership will continue until terminated. You may terminate these Terms of Service at any time by notifying us that You no longer wish to use our Services, or when you cease using our site/ App. As Subscription User, Your right to use GUP CHUP shall automatically terminate on the expiry of the term of the Subscription Package unless you renew it. Your right to use GUP CHUP shall automatically terminate if You violate these Terms of Use or any terms, rules or guidelines published in connection with GUP CHUP. GUP CHUP reserves the right, in its sole discretion, to suspend or terminate Your access to all or any part of GUP CHUP, for any reason, with or without notice. You agree that upon suspension or termination, no amount shall be refunded to You by GUP CHUP.

COUPON GENERATING SYSTEM (Contributors)

Contributor is any paid user or paid subscriber through their social networking or references creates registration on this gupchup website by generating code, and if the user increases our registration by recommending our gupchup website , we will provide a commission to enjoy our benefits.

Information on how to participate or form part of these Terms & Conditions. By participating, claimants agree to be bound by these Terms & Conditions. Claimants must comply with these Terms & Conditions for a coupon to be valid.

Each claimant is entitled to multiple coupon per bank account provided. Coupons are not transferable and are not redeemable for cash and cannot be combined with any other coupons or any other offer or discounts or promotions offered by Gupchup.

Each coupon is identified by a code and can offer different rewards. The claimant can decide the reward desired during the booking phase whilst being bound by the conditions linked to the redemption of the coupon.

Coupons are only applicable for payment gateway purchases on permits and are redeemable online on the Gupchup website. The following are the current Gupchup websites and may be subject to change: (https://www.gupchup.app). We do not hold/save any information of bank/credit card/debit card details on our website. In case of any discrepancy in banking transaction or payment claimant will not hold us liable and sort out any problem with their respective bank. please go through our Payment Gateway Clause / REFUND POLICY.

To redeem the coupon code, Firstly the claimant get registered on our website and fill in Bank detail for example Account number, Bank & Branch names, IFSC code and Aadhar number, thereafter claimant generates the coupon code into the promotional box in the booking field of the gupchup website. We do not charge any money for generating coupon. If the claimant fails to enter the coupon code at the time of purchase as specified, the purchase will not be eligible for the discount.

Each coupon is valid for a limited time only and expires on the date specified on the coupon generating form or email sent to the claimant by Gupchup website.

A coupon cannot be applied to bookings previously placed with Gupchup website or gupchup.app .

If a coupon is used and an entire booking (in accordance with the REFUND POLICY) is cancelled at a later stage by the claimant, the coupon will no longer be valid.

The coupon is not necessarily valid for all periods of the year. There may be periods, particularly during the seasons, for which the coupon may not be usable.

Gupchup shall not be liable for any loss, damage or injury suffered or sustained (even if caused by negligence or negligence caused by claimant to any third party) as a result of accepting and/or using the coupon, except for any liability which cannot be excluded by law.

Gupchup website accepts no responsibility for delayed or misdirected email or other communications. we assumes no responsibility for any failure to receive a claim or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then Gupchup website may modify, cancel, terminate or suspend the coupon.

These Terms & Conditions are subject to Indian law and to the jurisdiction of the courts situated in India only.

In the event of any dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the claimant and Gupchup website to the extent permitted by law of Arbitration and conciliation act,1996 will prevail and be conclusive.

This Terms & Condition shall be treated as a contact between the Claimant of the Coupon generating system and Gupchup Website as per the Indian Contact Act,1872.

This coupon is only created or generated by users of this website for eg :

claimant/client/customer/subscriber and the discount depends on purchase made by the users. The type of users and the percentage of discount will be displayed on our notice board. From or after dated 2^nd of July 2020, we modified our Refund Policy, Privacy Policy and Terms of Use.

Gupchup website reserves the right to discontinue a coupon at any time or modify its Terms & Condition whenever and where ever required.

A minimum Rs. 2000 need to be in Saving wallet if not the claimant will not claim to withdraw wallet amount. To apply and encashment of wallet amount a minimum 7 to 8 working days needed by us .

We , may show that how many applicant have registered on our website, but not bound to show who is been registered .

The whole process is in beta mode, so in case of any difficutly, discrepancy or confusion in this terms of use, we need time of minumun 10 days to sort out any problem.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between You and GUP CHUP and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and GUP CHUP (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL GUPCHUP OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE(S)/APP(S) OR ANY PARTS THEREOF.

YOU UNDERSTAND AND AGREE THAT GUPCHUP DOES NOT COMMIT TO A MINUMUM UPTIME AND IS NOT IN ANYWAY LIABLE TO INDEMNIFY/ COMPENSATE/ REFUND YOU FOR ANY LOSS/ HARM/ DAMAGE CAUSED THEREBY.

Gupchup Website(s)/App(s) enables streaming of content only through compatible devices. This software may vary by device and medium, and functionalities may also differ between devices. Gupchup shall endeavour but not be committed and liable to ensure the compatibility and/ functionality of the Site(s)/ App(s) with all your devices. In the event of failure of the same, you can contact the customer support and Gupchup shall use its best possible efforts to extend such compatibility. However, in no event shall you hold Gupchup liable for the same.

INDEMNIFICATION

You agree to indemnify and hold harmless Gupchup and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (ii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iii) your violation of any person's intellectual property, privacy, publicity or other right; (iv) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part); or (v) your wilful misconduct or the wilful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person's) use of the Site (in whole or in part). GUP CHUP reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GUP CHUP in asserting any available defences. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENTS

GUPCHUP respects the intellectual property rights of others. Upon proper notice, GUPCHUP will remove User Submissions (and any other Site(s)/ App(s) content) that violate copyright law. As per the provisions of Information Technology Act, 2000 and any amendments made thereto along with the rules framed there under and the provisions of the Copyright Act, 1957 along with all the amendments made thereto and rules framed there under, GUPCHUP shall remove upon receiving written notification of claimed copyright infringement on the Site(s)/ App(s) and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send a notification of claimed infringement (an “Infringement Notification”) that contains all the following information:

identification of the copyrighted work claimed to have been infringed;

identification of the claimed infringing material and information reasonably sufficient to permit GUPCHUP to locate the material on the Site(s)/ App(s);

information reasonably sufficient to permit GUPCHUP to contact you, such as an address, telephone number, and, if available, an e-mail address.

By submitting an Infringement Notification, you acknowledge and agree that GUPCHUP may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.

A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Your physical Signature.

The subscription you pay is only for your use. Kindly do not share your user id and password with others. Do not download our content by the means of video, screen recording or any other means which is against our policies and laws. In case you do so we may take action on you

GOVERNING LAW AND JURISDICTION

The relationship between you and GupChup 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 –

GupChup 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 and;

Any proceeding brought by you shall be exclusively before the Courts in West Bengal & India

SEVERABILITY; WAIVER

If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of GupChup to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site(s)/ App(s) or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).

NO LIABILITY

The Company and its employees, managers, directors or any person authorised by this company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Activity.

The Company, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participant arising from or pursuant to the Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Activity whether or not caused by (1) the Participant’s participation in the Activity, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (4) any printing, typographical or technological errors in any materials associated with the Activity. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Activity. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Company’s reasonable control.

The Participant agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Activity including but not limited to persons connected to the selection procedure for the Activity.

The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant and arising as a result of his/her participation in the Activity, if selected.

Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.

Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise while receiving the Gratification if is intimated to Participant for this Activity.

Company shall not be held accountable/liable by the Winners in event the Voucher and/or the Gift Card do not work/redeemed for reasons including but not limited to (i) wrong code printed on the Voucher and/or Gift Card or (ii) redeemed after the due date by the Winner or (iii) lost by Winner and redeemed by any third party (iv) technical fault in the Voucher and/or the Gift Card or (v) not adhering to the terms and conditions laid down to redeem the Voucher and/or the Code, etc.

The Participant hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Activity or due to any representations, misrepresentations or concealment of material facts by the Participant.

PLEASE NOTE: IF YOU STILL PROCEED TO ACCESS THE APP(S) AND SHARE THE PERSONAL INFORMATION WITH GUPCHUP, YOU SOLELY SHALL BE RESPONSIBLE FOR ANY KIND OF LEGAL OR OTHER ACTIONS THAT SHALL TAKE PLACE AND GUPCHUP SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS IN ANY MANNER WHATSOEVER.