Last Updated: 22nd November, 2020
Desiplex makes no representations or warranties as to the quality or availability of its entertainment products including but not limited to films, short films, funny videos, performing arts videos, culinary videos, travel videos, fitness videos, news, games; and/or viewing/purchasing personalized celebrity video messages (shout outs for occasions), video one-on-one calls, celebrity chats, one-on-one live interaction with celebrity, live broadcast with celebrity, direct line with celebrity, access to personal channels of celebrity, celebrity content, games with celebrities, in-app purchasing / e-shopping, features, celebrity members, documents, text, graphics, publications, downloads (such as mobile applications), content, tools, forums, resources and other wide range of services on its Website/App (“content”) to an individual and/or user and/or recipient (the “user”). Such content may be cancelled or suspended at any time. Content made available under third party links and/or third party app and/or celebrity apps and/or Celebyte and/or any other aggregated content and/or licensed content shall be governed by Payment & Refund Policy of its respective third party link, third party app, celebrity app, Celebyte or licensor.
Payment Gateway: Payments for purchases and/or orders and/or requests shall be carried out through Desiplex assigned payment gateways mentioned on the Website/App, subject to the terms and conditions of such payment gateways. Such payment gateways and Desiplex shall function on a principal to principal basis. All payment processing timelines shall be governed by terms of such payment gateways. Purchases and/or orders and/or requests shall be non-refundable under all circumstances, including the discontinuance of the content or the specific user’s access thereto.
Cancellation By Celebrity User under Celebyte: With the sole exception of Celebyte’s Direct Line, Audio and Video Message Product, if a celebrity user declines a user’s purchase and/or order and/or request, Desiplex through Celebyte shall initiate its refund process for such purchase and/or order and/or request. Desiplex shall issue a credit note for the value of the return purchase and/or order and/or request that will be credited to the user’s account on the Website/App. The user shall use such credit note to purchase and/or order and/or request other content on the Website/App.
Cancellation by Desiplex: If the user places a request for content but the payment is not processed due to technical error the request shall be cancelled by Desiplex. If the user places a request for content and makes payment, but does not receive an official confirmation of receipt of such payment, Desiplex may process refund of such payment made by the user. Similarly, if a user places request for content ‘A’ and processes payment for such content ‘A’; and the confirmation receipt reflects request for content ‘B’ instead of content ‘A’; Desiplex may process a refund of payment to the user upon receipt of a written complaint via email at firstname.lastname@example.org along with the wrong confirmation receipt from such user. If Desiplex suspects any fraudulent/illegal transaction or blasphemous/obscene activity by any user or any transaction which defies Desiplex’s policies and/or the terms & conditions of using the Website/App, Desiplex shall at its sole discretion cancel such purchase and/or order and/or request without any refund. Desiplex shall maintain a negative list of all fraudulent/illegal transactions and users; and shall deny access to them or cancel any purchase and/or order and/or request placed by them.
Third-Party Offerings: The Website/App may allow you to access websites, content, products or services provided by third parties including celebrity apps, other channels/apps of Armsprime Media Private Limited (“Third Party Offerings”). If a user elects to access such Third Party Offerings, the user shall be bound by the policies and/or terms and conditions of such third party provider(s). The user hereby covenants that the user understands that his/her/its use of Third Party Offerings is subject to any policies and/or terms and conditions of the applicable third party provider(s). Desiplex will not be responsible for any such Third Party Offerings and/or policies and/or terms and conditions of such third party provider(s). Desiplex may permit third parties provider(s) to advertise their products and/or services on the Website/App. Such advertisements may contain links to the website(s) of third party provider(s). Neither Desiplex, nor the celebrity user(s), are affiliated with, endorse, or recommend, any specific product or service advertised, as these are paid advertisements. Desiplex makes no representations or warranties as to the quality or characteristics of such advertised Third Party Offerings.
1. The user is above the age of 18 years.
2. The user is legally authorized to enter into this agreement with Desiplex.
The user covenants that:
The user is aware and acknowledges that the T&C govern his/her/its use of the Website/App together with his/her/its use and/or purchase of Desiplex Content.
The user acknowledges that Desiplex reserves the right to change and/or revise the T&C at any time by posting any changes or a revised agreement on the Website/App with the date of such change and/or revision and the user consents to be bound by any such revised and/or updated T&C regarding the Entertainment Content, Content and/or services described or made available on the Website/App as per the sole discretion of Desiplex.
The user consents to be bound by the T&C regarding the Entertainment Content and/or other Content and/or services described or made available on the Website/App; and/or made available at each log-in; and/or access to the Website/App.
The user’s consent implies acceptance of the T&C of the Entertainment Content and/or other Content and/or services described or made available on the Website/App thereby creating a binding contract between the user and Desiplex.
DESIPLEX ENCOURAGES THE USER TO REVIEW THE T&C WHENEVER HE/SHE/IT VISITS THE WEBSITE TO MAKE ENSURE THAT THE USER UNDERSTANDS THE TERMS AND CONDITIONS GOVERNING USE OF THE WEBSITE/APP AND/OR ENTERTAINMENT CONTENT AND/OR OTHER CONTENT AND/OR SERVICES OFFERRED ON THE WEBSITE/APP. IF THE USER DOES NOT AGREE TO THE T&C, THE USER MAY IMMEDIATELY TERMINATE USE OF THE WEBSITE/APP.
1.1. Intellectual Property. Copyright, trade marks, trade names, trade dress, layout of Website/App and brand elements, in all Content including Entertainment Content and services made available on and/or associated with the Website/App, is owned by Desiplex (with an exception of Content aggregated under license contracts and/or created by celebrity users (“Celeb Content”) under their designated space or based on paid request of a user of the Website/App and/or any third-party information/website links made available on the Website/App). All intellectual property (other than licensed content, Celeb Content and third-party information/website links) including but not limited to Entertainment Content, software, ideas, processes, data, text, media, information, marketing materials and all other Content available on Desiplex’s Website/App (individually, and collectively, “Desiplex Content”) are owned by Desiplex and/or its subsidiaries, affiliated companies and/or its third-party licensors. Any links provided to third-party information/website are provided solely as a convenience to the user. Desiplex does not endorse the information/contents regarding/on any such third-party website/celebrity app. Desiplex is not responsible for such third-party content/celebrity app content or any damage that may result to the user from the user’s access to or reliance on such third-party/celebrity-app; content/information/website. All access to links to third-party/celebrity-app; content/information/website shall be at the sole risk of the user. Unless otherwise specified, the Desiplex Content, products and services made available on the Website/App are for the personal use of the user and are for non-commercial use. The user shall not modify, make copies, distribute, sell, rent, assign, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer; create internet “links” to or from the service and/or products and/or Desiplex Content; send spam, infringing, unlawful or tortious material, viruses, harmful computer codes/files/programs; transfer or sell any or any part of information, software, services or products or Desiplex Content obtained from the Website/App without the written permission from Desiplex. Desiplex shall have an irrevocable, perpetual and world-wide license to use feedback, recommendations, testimonials, suggestions or such other related information provided by its user and/or network of professionals to enhance its goodwill and/or present its service.
1.2. License. The user has a limited, non-exclusive, non-transferable right to access the Desiplex Content and/or products and/or service information made available on Desiplex Website/App. The user is bound by the representation and warranties together with the covenants of the user and the limited non-exclusive license granted by Desiplex, as set out in the Agreement. The user shall not attempt to gain any unauthorized access to the service or the data contained on the Website/App. The acceptable use of the Desiplex Content and/or products and/or service information made available on Desiplex Website/App shall be limited to the user’s personal purpose. The user is granted a limited, non-exclusive, non-transferable right to use Desiplex Content, products, materials and service on the Website/App in connection with the user's normal, non-commercial use of the Website/App. User shall not copy, reproduce, transmit, distribute or create derivative works of Desiplex Content, or information or intellectual property without express written authorization from Desiplex or the applicable third-party (if third-party content is at issue).
1.3. User posts. By posting, storing or transmitting any content on the Website/App, the user hereby grants Desiplex a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in perpetuity and throughout the world. Desiplex does not have the ability to control the nature of the user-generated content offered through the Website/App. The user shall be solely responsible for his/her/its interactions with other users of the Website/App and any content such users post. Desiplex shall not be liable for any damage or harm resulting from any posts by or interactions between users. Desiplex reserves the right, but has no obligation, to monitor interactions between and among users of the Website/App and to remove any content Desiplex deems objectionable.