Terms Of Services

TERMS OF SERVICE

 

This document is an electronic record in terms of the Information Technology Act, 2000 and any amendments made thereto along with the rules framed thereunder, as applicable, and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This is a legal and binding agreement between you, the user ("User" or "You") of the Services, as defined below, and Maitri AV Combines, stating the terms that govern as defined below, BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS PLATFORM, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy accessible at https://kuttus.co.in/page/terms-of-services  and https://kuttus.co.in/page/privacy-policy, respectively and any other terms which govern the Platform (together referred to as "Terms of Use" or "Terms" or "Terms and Conditions") AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT ENTITLED TO AVAIL OF / USE THE SERVICES AND ANY USE THEREAFTER SHALL BE UNAUTHORIZED.

 

  1. DEFINITION
  2. “Account”, means a unique account created for You to access our Service or parts of our Service.

 

  1. “Affiliates”,  shall mean and include any person / entity at any time who is controlling, controlled by, or is under the common Control.

 

  1. “Business”, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.

 

  1. “Company” (referred to as either "the Company", "We", "Us" or "Our" or “KUTTUS” or “MAITRAI AV COMBINES” in this Agreement) refers to for the purpose of the GDPR.

 

  1. “Consumer”, anyone who has taken the subscription and having their billing cycling running; if subscription is terminated and/or not renewed is the be understood as Consumer though is a Subscriber.

 

  1. “Cookies”, are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

 

  1. “Control”,shall mean the power to direct or cause the direction of management and policies of KUTTUS, either directly or indirectly, whether through ownership, or through voting securities, or the power to appoint or remove a majority of the members of, or the power over a majority of the voting rights cast in meetings of, the board of directors or equivalent governing body of KUTTUS, whether by operation of law, or by contract or otherwise.

 

  1. “Device”,  shall mean a hardware interface that facilitates use of Service(s) and access to and/ or streaming of Content(s) via internet and includes a personal computer (desktop/ laptop), mobile device, portable media player, TV, chrome-cast, Blu-ray disk player, set top boxes (any smart device connected to television or any other audio-visual device including internet supported set-top boxes), gaming systems/ consoles, pre-embed/ pre-load platform/ OTA push on third party manufactured device (mobile phones, smart devices) or any other hardware devices in commercial use presently or developed in future that are capable of offering access to KUTTUS Platform(s) and meets the compatibility and minimum system requirements that KUTTUS requires from time to time.

 

  1. “Data Controller”, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

 

 

  1. “Do Not Track (DNT)” is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.

 

  1. “KUTTUS Platform” means and refer to MAITRI AV COMBINES,  representing through its Proprietor and having address at 2/47, Sree Colony, Kolkata – 700092, as the case may be.

 

  1. "Personal Data/Information" is any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

 

  1. “Sale”, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.

 

 

  1. “Subscriber”,  means a natural or legal person who has purchased a Subscription to KUTTUS Platform(s) and attend the age of majority.

 

  1. “Subscription”,  shall mean the package of Service provided to a Subscriber which can be availed either directly from KUTTUS or its Authorised Partners against payment of a fee, more particularly detailed under Subscription and Payments.

 

  1. “Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

 

  1. “Subscriber”,  means a natural or legal person who has purchased a Subscription to KUTTUS Platform(s) and attend the age of majority.

 

  1. “Service”, shall mean video on demand service and other ancillary services provided by KUTTUS through KUTTUS platform(s) to users and subscribers for accessing and watching/ streaming content(s), features and functionalities for Subscribers to post user materials among others.

 

  1. “Tenure or Billing Cycle”, means the period of subscription under the plan

 

  1. “Terms”, of use shall mean that this agreement is supposed to be read in conjunction and together with the Privacy Policy as may be updated from time to time (Refer Changes) in relation to a User’s and/or a Subscriber’s access to and use of Service(s).

 

  1. “Users”, means a natural or legal person who accesses KUTTUS Platform (s) whether or not availing Service(s).

 

  1. "Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

 

  1. "Website" refers to kuttus.co.in, accessible from https://kuttus.co.in

 

  1. "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

 

2: INTRODUCTION

 

This “Terms of Use” is an electronic record under the Information Technology Act, 2000 and any amendments made thereto along with the rules framed thereunder, as applicable, pertaining to electronic records. Such electronic record is generated by a computer system and does not require any physical or digital signatures.

 

KUTTUS owns and controls the domain name www.kuttus.co.in. The KUTTUS platform(s) allows users to access and view varieties of audios and audio-visual contents including, inter alia, movies, web series, web films, trailers of upcoming series and movies, music videos (hereinafter collectively known as “Contents”) that is streamed over the internet to the devices with minimum system requirements more particularly illustrated under Clauses 3 of this Term of Use.

 

For the purpose of these Terms of Use, wherever the context so requires “Company”, “Our” or “Us” means KUTTUS and “You”, “Your”, “Yourself” or “User/ Subscriber” shall mean any natural or legal person who uses, accesses or avails the KUTTUS Platform(s).

Your use of the KUTTUS Platform(s), access to Content(s) and/or Service(s) are governed by the ‘Terms of Use’ and the ‘Privacy Policy’ your mere use or access of KUTTUS Platform(s) constitute your acceptance of this Terms of Service and the Privacy Policy accessible at https://kuttus.co.in/page/terms-of-services  and https://kuttus.co.in/page/privacy-policy ,respectively; and any other terms which govern the KUTTUS Platform(s), and if you do not agree to these Terms of Use and the Privacy Policy, you must not avail of/ use the Service(s) and any use thereafter shall be deemed unauthorised.

 

 

3: DESCRIPTION OF SERVICES

  1. KUTTUS, through the KUTTUS Platform(s), allows Users/Subscribers to access and view, inter alia Content(s) and any other content including but not limited to advertisements, promotions etc.
  2. Content(s) may be made available to you through different modes, medium and format at the discretion of KUTTUS, including via SVOD basis for viewing at the Subscriber’s discretion at a time chosen by the Subscriber. For the Content (s) that you download for offline viewing is available for select content(s) for a fixed duration and exclusively available for the android and Ios App.
  3. Please note that both the availability and your ability to access the content(s) or service or part thereof: a) is subject to KUTTUS’s sole discretion; (b) may be dependent upon your geographical location and (c) is on the condition that not all content or service (s) shall be available to every user.
  4. You hereby agree and acknowledge that you are adult as per the law applicable, in case you are a minor in your country, territory or province as per the law that is applicable in your country, territory or province, you agree that your access and use of the services shall be deemed to be subject to age classifications by KUTTUS and under parental consent and guidance. KUTTUS will not be responsible if you lied about your age.
  5. Thereafter, you also agree and acknowledge that your use of KUTTUS Platform(s) and the service(s) complies with all applicable laws including the local laws in your jurisdiction. KUTTUS reserves the right to reclassify ratings and/or include a warning card/disclaimer, and/or edit synopsis of content at any point of time.
  6. KUTTUS has adopted an age appropriate content classification and description mechanism that facilitates maximum choice and control for the users. Some of the contents which are offered on KUTTUS Platform(s) may not be suitable for some users falling within specific age groups and therefore viewer discretion/parental supervision and guidance is advised.
  7. KUTTUS platforms followed the mandate to classify the content based on its theme, type, tone, impact, and targeted age of the audience it is suitable for. The guidelines prescribed appropriate self-classification of the  shows, instead of directing any censorship. It says that the streaming  platforms will have to rate content in three categories, namely, U- Universal, U/A, and A- Adult.
  8. KUTTUS further made sure to classify on the basis of themes of violence, nudity, sex, language, drug or substance abuse, and horror, and the classification details are enumerated In Schedule Part II of Information Technology Rules.
  9. To help users make informed choices, KUTTUS platforms has  rate their content and add a content descriptor to inform the audience  about the theme. The content that is rated ‘A’ shall have an age  verification system and the user won’t be able to access any ‘A’ rated  content without submitting the verification. There are certain rules  that focus on increasing inclusivity like the content should be  accessible to a person with a disability. If the rules are not complied  by the OTT platforms or any publisher, then they shall be liable as  provided under such law which has been contravened (Rule 9 of IT  Rules).
  10. Participation in any contest and/or game on any of the KUTTUS Platform(s) conducted by KUTTUS or viewing of certain content may be subjected to further terms and conditions as may be notified by KUTTUS from time to time. KUTTUS reserves the right to add such further terms and conditions without giving you any notice or prior intimation.
  11. All content(s) produced by KUTTUS or by its Affiliates are works of friction. Any resemblance or similarity to real life events, persons (dead or alive), or places is purely coincidental. KUTTUS respects all genders, sexual orientations, faiths, caste, religions, communities and races and does not intend to disrespect, insult, impair or disparage the beliefs, feelings, sentiments of any person, community, religion, society and its culture, custom, practice and tradition in any way. While KUTTUS exercises reasonable diligence before making any third party produced content available on the KUTTUS Platform(s), any liability in relation to the same is expressly disclaimed.
  12. KUTTUS reserves the right, at its sole discretion, to modify streaming limits from time to time without any obligation to give prior notice to you, or updating, revising, and/or supplementing this Terms of Use.

 

 

4: USER COMMITMENTS/ OBLIGATIONS

By agreeing to use/avail the Services you confirm as follows:-

  1. You conform that all data/ information submitted by you during sign-up to KUTTUS and/or Service(s) are complete and accurate in all respects. Further, you undertake to timely update such data/ information to keep the same complete and accurate at all times. All data/ information collected is subject to Privacy Policy available at: https://kuttus.co.in/page/privacy-policy
  2. You acknowledge, consent and agree that KUTTUS may access, preserve, transfer and disclose your account information and/or User Material subject to the Privacy Policy, if required to do so by law to co-operate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/or any applicable law in the territory; (b) enforce this Terms of Use; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of KUTTUS, affiliates, its users and the public.
  3. You agree and acknowledge that KUTTUS shall have the right to temporarily suspend access for technical/operational reasons, without giving prior notice. KUTTUS will restore access to the Services as soon as reasonably practicable after temporary suspension.
  4. You agree and acknowledge that KUTTUS shall be under no liability in case of non-availability of access to KUTTUS Platform(s) and/or Service(s) and/or Content(s) due to an Act of God, war, disease, lockout, strike, riot, satellite or internet failure, or any other cause whatsoever beyond the control of KUTTUS (“Force Majeure Event”).
  5. You will be solely responsible for maintaining and updating your device as per requirements of a Device. In the event the App is updated, you will be responsible to update your device to make it compatible with such updates. Further, you will need an active internet connection to use Service(s) and stream Content(s). You are, therefore, required to pay internet charges as per plan from your internet service provider. You acknowledge that KUTTUS will not be responsible or liable to you in case of Your failure to use the Service(s) or stream Content(s) due to your failure to upgrade your device to a compatible version or non-availability of an active internet connection.
  6. You agree that KUTTUS and/or its affiliates own and/or retains all rights to the Services and the Content throughout the territory of the world in perpetuity. you further agree that the Content you access and view as part of the Services is owned or controlled by KUTTUS, its affiliates and or its licensors.
  7. The Services and the Content are protected by copyright, trademark, trade secret, and other intellectual property laws. The Service(s), Software, and the Content(s) embody intellectual property that is protected by law.
  8. The Service and any Content(s) streamed through the Service are for your personal and non-commercial use only. you will be granted a non-exclusive, non-transferable, non-sub licensable, revocable limited license to watch the Content(s) and that no right, title or interest in any Content will be deemed transferred to you.
  9. You agree to use the Service(s), including all features and functionalities in accordance with applicable laws, rules and regulations. you agree to not archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in this Terms of Use) Content(s).
  10. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any content protection scheme, use geo-filtering mechanisms to conceal and/ or provide your incorrect geo-location (for e.g. use of a virtual private network (VPN); or use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the Content(s) or Service in any way; or use any data mining, data gathering or extraction method.
  11. You agree that different jurisdictions may offer different type of Membership Plans to Service. Accordingly, scope and extent of access to Service and/or Content, among other things, may vary within jurisdictions. you may only use the Service(s) or access the Content(s) primarily within the jurisdiction where you Subscribed to the Membership Plan. Your access to Service and/or Content may be limited or blocked when accessed from a jurisdiction different than the jurisdiction of Subscription.
  12. You agree to refrain from making available your subscription credentials to any other persons(s), or in any manner communicate Content(s) to other person(s).
  13. You will not interfere with, damage, disable, disrupt, impair, gain undue access to KUTTUS Services, including company servers, networks, and/or accounts. Further, you will not, directly or indirectly, solicit, collect or request any personal information for commercial or unlawful purposes or send or cause to send unsolicited bulk messages or other unsolicited bulk communications of any kind through KUTTUS including Company Servers, the Website, and/or the App. If You do so, you acknowledge you will have caused substantial harm to KUTTUS, which is extremely difficult to measure. KUTTUS reserves the right to grant or block your access to Service(s) and institute relevant proceedings against you in law or equity;
  14. You will further not engage in any commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without KUTTUS’s prior written consent; or use technology or other means to access, index, frame, or link to the Website (including the Content) that is not authorized by KUTTUS.
  15. You may encounter third party applications while using the Website or Apps including, without limitation, websites, widgets, software, services that interact with the Website. Your use of these third party applications shall be subject to such third party terms of use or license terms and KUTTUS shall not be liable for any representations or warranties or obligations made by such third party applications to you under contract or law.
  16. You authorize and give consent to KUTTUS to send either through itself or through any third-party service provider(s), from time to time, information alerts via push notifications, SMS, WhatsApp or other services Service on the your provided telephone numbers, e-mail id’s, etc.
  17. You agree and confirm that any such message(s) or call(s), does not make KUTTUS liable under the Telecom Commercials Communications Customer Preference (TRAI) regulations, 2010 or such other applicable regulations including local laws of your jurisdiction that are applicable on you including any amendment thereof, as may be applicable from time to time.

 

 

5: WARRANTIES AND LIMITATIONS ON LIABILITY

The Service is provided on an “as is” basis, and to the fullest extent permitted by law, it is offered without any warranties of any kind. Specifically, KUTTUS makes no representations or warranties regarding the suitability of the Service(s) for any particular purpose, title, completeness, merchantability, availability, compatibility, uninterrupted operation, error-free performance, or reliability.

 

UNDER NO CIRCUMSTANCES SHALL KUTTUS OTT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, ASSIGNEES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY CONTENT OR MATERIAL THEREIN, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS TO THE SITE OR USE OF THE SERVICE OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS.

 

IN JURISDICTIONS WHERE THE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, KUTTUS OTT’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

 

6:  INDEMNITY

You agree to defend, indemnify, and hold harmless Kuttus OTT, along with its affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including, but not limited to, attorney’s fees) arising from: (i) your use of and access to the Service(s); (ii) your violation of any term of these terms and conditions; (iii) your infringement of any third party’s rights, including, without limitation, rights related to publicity, privacy, or intellectual property; (iv) your breach of any applicable laws; and (v) any unauthorized, improper, illegal, or wrongful use of your subscription by any person, including a third party, whether or not authorized by you.

 

The Service(s), Software, and Content(s) provided by Kuttus OTT embody intellectual property that is protected by law. Our failure to insist on or enforce strict compliance with this Agreement will not be considered a waiver of any of our rights.

 

This indemnity obligation will survive the termination or expiration of these Terms of Use, the Privacy Policy, your use of the Service(s), and any reservation of rights or waiver.

 

8: ELECTRONIC COMMUNICATIONS

  1. When You use the Service(s) or send any data, information or communication to KUTTUS, you agree and understand that you are communicating with KUTTUS through electronic media/ records and you consent to receive communications from KUTTUS periodically.
  2. KUTTUS will communicate with you by e-mail or any push or other messages and/ or send messages to the mobile number provided by you while sign-up or via Authorised Partner. Such communication will be considered as adequate service of notice/ electronic record.
  3. You give consent to KUTTUS or its Affiliates and Authorised Partners contacting you during your Subscription for any purpose including but not limited to: (i) obtain feedback on Service;(ii) for offering new products or services, whether offered by us or our respective Affiliates and/ or Authorised Partners.
  4. In the event you have indicated any “do not disturb” preferences to your telecom service provider, and registered yourself on the national customer preference register / “do not disturb”; or similar list, you are requested to ensure that your registered preferences allow for communications to be sent to you in accordance with the above provision.

          

 

9: TERMINATION OF SERVICE

  1. Your Subscription will be terminated at the end of the completion of tenure or upon cancellation in case of a recurring Subscription. For Subscriptions availed through Authorised Partner, the Subscription will continue till the continuance of your association with the Authorised Partner or continuance of Our association with the Authorised Partner or end of Tenure, whichever is earlier.
  2. KUTTUS reserves the right to immediately terminate, suspend, limit, or restrict your Subscription or your use of the Service or access to Content at any time, without notice or liability, if KUTTUS so determines in its sole discretion, for any reason whatsoever, including but not limited to that you have breached these Terms of Use, the Privacy Policy, provide fake or inaccurate information, any violation of applicable laws, or engaged in illegal or fraudulent use of Service.
  3. KUTTUS also reserves the right to terminate, suspend, limit, or restrict your Subscription or your use of the Services or stream Content if subscription credentials are compromised in any way(s) whatsoever. You agree and acknowledge that you are responsible for the safe-keeping of your subscription credentials and will not reveal the subscription credentials to anyone.
  4. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by KUTTUS at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine not eligible. Members of households with an existing or recent KUTTUS membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent KUTTUS membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

 

10: BILLING AND CANCELLATION

  1. The subscription fee for the KUTTUS service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month.
  2. If you signed up for KUTTUS using your account with a third party as a Payment Method, you can find the billing information about your KUTTUS subscription by visiting your account with the applicable third party. KUTTUS is not liable for any such third party getway. KUTTUS is not responsible for any failure of payment.
  3. To use the KUTTUS 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 banking and government fees relating to the processing of your Payment Method.
  4. 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)
  5. You will continue to have access to the KUTTUS service through the end of your billing period. You can also cancel your KUTTUS membership at any time. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused KUTTUS content.
  6. We may change our subscription plans and the price of our service from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective.

 

 

11:  USER MATERIALS

Subscribers may have the option to publish, submit, or otherwise post reviews and comments or publicly communicate with other Users of the Service(s) (collectively, “User Material”). With respect to such User Materials, you agree to comply with this Terms of Use and all applicable laws of your jurisdiction. In addition, you acknowledge to adhere to the following terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that

  1. belongs to another person and to which you do not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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 whatsoever;
  3. harms minors in any way;
  4. infringes any patent, trademark, design, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonates another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, 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.
  10. you also represent and warrant that the posting of your User Material(s) does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
  11. You acknowledge that the User Material is not confidential and that you have no expectation of privacy in it.
  12. By posting the User Material, you hereby grant KUTTUS 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 KUTTUS is non-exclusive, royalty-free, irrevocable, and sub licensable. Additionally, KUTTUS is free to use any ideas, concepts, know-how, or techniques contained within such User Material(s) for any purpose, including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including the Services. KUTTUS’s use of such User Material shall not require any further notice of attribution to you and such use shall be without requirement of any permission from or any other person or entity. you hereby agree and confirm that the provisions of section 19(4) of the Indian Copyright Act, 1957, shall not apply to this license.
  13. In no event does KUTTUS 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 KUTTUS with respect to such User Material.
  14. You agree that KUTTUS shall have the right but no obligation to monitor User Material and to restrict or remove User Material(s) that KUTTUS may determine, in its sole discretion, is inappropriate, or violates any of this Terms of Use.

 

 

12: SEVERABILITY

If any provision of these Terms of Use is found to be invalid, unenforceable, or void, that specific provision shall be regarded as independent and separate from the other provisions. The remaining provisions shall continue to be fully effective and enforceable.

 

13: MODIFICATIONS

KUTTUS reserves the right to modify, update, revise, or supplement these Terms of Use at any time, without prior notice. Any new or additional terms, policies, or rules governing your use of the Service will be posted on the KUTTUS platform(s) and will become effective immediately upon posting. Your continued use of the Service will signify your acceptance of these changes and any new terms or conditions incorporated into these Terms of Use.

 

This version maintains the legal intent while avoiding plagiarism and any potential copyright issues.

 

14: LINKED DESTINATIONS AND ADVERTISING

The KUTTUS platform(s) may include advertisements, content provided by third parties, or links to third-party websites and materials. KUTTUS expressly disclaims any liability for any issues arising from the use, streaming, or access to content, products, or services that are advertised on the KUTTUS platform(s) or available on third-party websites. You acknowledge that KUTTUS does not endorse or sponsor any third-party websites, content, advertisements, or other materials, and KUTTUS bears no responsibility for any loss or harm resulting from your interaction with or use of products and services offered by advertisers. Any transactions or dealings you engage in with advertisers while using the KUTTUS services are solely between you and the advertiser, and you agree that KUTTUS is not liable for any losses or claims that may arise from such interactions.

 

All links to third-party websites, services, or destinations are governed by the terms, conditions, and privacy policies of those third parties. KUTTUS does not operate, control, or have any connection with such websites or destinations. KUTTUS is not responsible for the content or practices of any website or destination outside the KUTTUS platform(s), even if these sites are linked to the KUTTUS website or app, or are operated by a company affiliated with KUTTUS. Any and all links to third party website, destinations, or services are subject to and governed by such party’s terms and conditions, and/or privacy policy(s). KUTTUS in any way is not connected with, operates, controls, such websites or destinations. KUTTUS is not responsible for the content or practices of any website or destination other than the Services on KUTTUS Platform(s), even if it links to the Website and/ or App and even if the Website/ App or destination is operated by a company affiliated or otherwise connected with KUTTUS.

 

15: LAW, REGULATIONS AND GRIEVANCE

  1. These Terms and Conditions shall be governed by the laws of India, without giving effect to any choice of law or conflict of law rules. These Terms and Conditions would be modified / discontinued based on the prevailing law /regulation at any point of time and KUTTUS shall be under no liability or obligation or continue implementation of the Referral Program till such time the terms are modified as per the prevailing/ amended law at that point of time. In the event, that the Referral Program cannot be continued without total compliance of the prevailing law at any point of time, this Referral Program shall be deemed to be terminated forthwith from the date when the amended law restricting / prohibiting the Referral Program comes into force.
  2. KUTTUS Platforms has compliant with the Rule 3(1)(b) of the Information Technology Rules which means it is important to keep in mind that the users should be aware of the nature of the content and then make informed choices with the content they put out.
  3. KUTTUS platform has followed the mandate to classify the content they offer into  different age categories Universal, Adult and Parental Guidance,  etc., and then make it available to the viewer.
  4. KUTTUS platforms followed the mandate to classify the content based on its theme, type, tone, impact, and targeted age of the audience it is suitable for. The guidelines prescribed appropriate self-classification of the  shows, instead of directing any censorship. It says that the streaming  platforms will have to rate content in three categories, namely, U- Universal, U/A, and A- Adult.
  5. KUTTUS further made sure to classify on the basis of themes of violence, nudity, sex, language, drug or substance abuse, and horror, and the classification details are enumerated In Schedule Part II of Information Technology Rules.
  6. To help users make informed choices, KUTTUS platforms has rate their content and add a content descriptor to inform the audience about the theme. The content that is rated ‘A’ shall have an age verification system and the user won’t be able to access any ‘A’ rated unless subscriber put password created by the subscribers. Subscriber must attend the age of majority.
  7. The Law shall be governed and construed in accordance with the laws of India. Any proceeding shall be exclusively held before the courts at Kolkata, West Bengal, India.
  8. If permitted under appropriate law, you and KUTTUS may bring claims against the other in its individual capacity only and not as a class member in any purported class or representative proceeding. And if there is disagreement between and you and KUTTUS then the Appropriate Adjudicated body or establishment can not consolidate more than one person’s claims with your claims, and may not provide over any form of a representative or class proceeding.

 

GRIEVANCE

Grievance Redressal Mechanism:

  • As per the Rule 3(2) of the Information Technology Rules KUTTUS  platforms has setup a grievance redressal mechanism  to look after the complaints and make sure the content shown on  these platforms are not in violation of the law in any manner. The  platforms will register their grievance redressal mechanism with the Ministry of Information and Broadcasting (MIB). They have appointed Mr. Ashis Sen, as Chief Grievance Officer, who will be  responsible for addressing user complaints and collaborating with  law enforcement agencies. 
  • The KUTTUS platforms has form a grievance redressal mechanism which shall be headed by the Grievance Officer based in Kolkata , West Bengal as per Rule 11 of the IT Rules. The contact details of the officer and the  procedure will be updated soon.
  •  A grievance can be  filed by anybody who thinks the Code has been not complied with  while publishing content. The decision will be taken within 15  days from the day it was received. If it is not communicated as per  the timeline, then it will be escalated to the self-regulating body  under Rule 12 of IT Rules.

 

Furnishing Information and Compliance report:

  • As per The Information Technology (Intermediary Guidelines and  Digital Media Ethics Code) Rules, 2021 (hereinafter referred to as  the “IT Rules”) were notified by the Central Government on  25.02.2021the KUTTUS platforms submit all the details of its entity along with the relevant documents to the Ministry of  Information and Broadcasting.

 

Parental Lock:

  • KUTTUS platform as the Rule 3(4) of the Information Technology Rules provide parental locks for content that is classified in the Adult Category. This is to ensure that children  do not access such content under the restricted category.

 

A three-level grievance redressal mechanism has been established under the rules with two levels of self-regulation- Level I being the publisher and Level II being the Self Regulatory Body, and the third level being the Oversight Mechanism under the Ministry of Information & Broadcasting. The existing Rules have introduced a Code of Ethics (Code) to be complied with by publishers of online curated content (OCC)/over-the-top platforms (collectively, OTT Platforms) and publishers of news and current affairs (News Portals), which lays down general principles, metrics for content classification and guidelines for classification of content. It may be relevant to note that the guidelines prescribed in the Code are similar to a notification issued by Ministry of Information and Broadcasting (MIB) dated 6 December 1991 guiding the Board of Film Certification to follow certain principles for sanctioning films for public exhibition. The Code also prescribes age ratings and content descriptors and technology enabled access controls similar to the provisions of the Universal Self-Regulation Code for Online Curated Content Providers, issued by the Internet and Mobile Association of India in 2020

All questions, comments, complaints and requests regarding anything  should be addressed to us at : maitriavcombines@gmail.com

 

16: CONTENT GRIEVANCE

  1. If you have any complaints with respect to any Content currently available in India and/or accessed from India, or its age ratings, content descriptors, synopsis, and/or parental control features or User Material(s) then such correspondence should be posted to the attention of Grievance Officer Mr. Ashis Sen by sending electronic mail to content maitriavcombines@gmail.com
  2. Name of the complainant:
  3. E-mail address of the complainant:
  4. User log-in ID of the complainant: (Please do not share any password/OTP)
  5. Title of the Content: (With URL’s)
  6. Nature of complaint:
  7. If applicable, please specify the timestamps for the Content in respect of which this complaint is being filed
  8. Details of the basis of complaint:
  9. What relief is being requested:

 

  1. Every complaint should bear your signature, either digital or written.
  2. KUTTUS may further request you further information as may be reasonably required to resolve your complaint.
  3. In the unlikely event, your complaint is not resolved within fifteen (15) working days from the date of registration of complaint (save for circumstances where additional time may be required by KUTTUS).
  4. f) KUTTUS shall, upon receipt and examination of the complaint, undertake any one or multiple of the following or any other measures, as applicable:

Reclassify age rating of relevant content, and/or

Include a warning card or disclaimer in content descriptors, and/or

Edit synopsis of relevant content.

With respect to User Materials, KUTTUS shall, on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law. You agree and acknowledge that KUTTUS’s responsibility in relation to objectionable User Material is limited to removing them post receipt of your complaints in accordance with this Terms of Use.

Other than the recourses provided, KUTTUS shall not be liable for any damages or losses incurred by you on account of such grievance and viewer discretion is advised.

 

17:  SURVIVAL

You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of this Terms of Use, the Privacy Policy, your use of Service(s), reservation of rights, and/ or waiver.

 

18: MEMBERSHIP

Your KUTTUS membership will continue until billing cycle is over. To use the KUTTUS service you must have Internet access and a KUTTUS ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method (see "Cancellation" below).

 

We may offer a number of subscription plans, including subscriptions offered by third parties in conjunction with the provision of their own products and services.

 

We are not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.

 

You can find specific details regarding your KUTTUS subscription in writing at maitriavcombines@gmail.com.

 

19:   ENTIRE AGREEMENT

This Terms of Use and Privacy Policy constitute the entire Agreement governing your use of Service(s), suspending any prior agreements between you and KUTTUS regarding such use.

 

20: AMENDMENTS

MAITRI AV COMBINES reserves the right to change, terminate or otherwise amend the Subscription plans, Add-on benefits, Subscription Fees or Add-on Fees for the Subscription and tenure at its sole discretion and at any time. Such amendments shall be effective upon posting of Platforms.

MAITRI AV COMBINES time to time, change these Terms of Use. In case of material changes we will notify you at least one month before such changes apply to you.

We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

 

21: UNSOLICITED MATERIALS

KUTTUS does not accept and not liable for unsolicited materials or ideas for KUTTUS content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to KUTTUS.

22: CUSTOMER SUPPORT

To find more information about our service and its features or if you need assistance with your account, please visit the Help Center. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our websites, these Terms of Use will control.

 

 

 

23:  RESERVATION OF RIGHTS

The Service, Software and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

 

24:  NO WAIVER

Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision.

 

25: RIGHT TO DISQUALIFY

KUTTUS reserves the right to disqualify You from the benefits of the Referral Program, if any fraudulent activity is identified as being carried out by You for the purpose of availing the benefits under the Referral Program or otherwise by use of the service.


26: TAXATION

Any taxes, duties, levies or liabilities or charges payable to the Government or any other authority or body, if any, shall be borne directly by You and KUTTUS will not be liable in any manner whatsoever for any such taxes, duties, levies or other statutory dues.

 

  1. MISCELLANEOUS

The KUTTUS  further affirmed that there is no permission for downloading the content of the KUTTUS platform in the Device. Content of the KUTTUS Platform can only be watched, viewed and seen in the Application/App only