Terms and Conditions of Use And Privacy

Date of update: 24 Octuber, 2022

Acknowledgement of Rights and Responsibilities

Thanks for using COD: Content On Demand App and welcome to the terms and conditions of use (“Terms”) for COD: Content On Demand App. The Terms govern the access or use by you (“Client”, “Customer”, “User”, “End User”), an individual, and possessions of applications, websites, content, products, goods and services (which together we refer to as the “Product(s)” or “Service(s)”) made available worldwide and possessions by Love Astrology and Horoscope Compatibility by COD: Content On Demand App and its subsidiaries and affiliates (collectively, “COD: Content On Demand App”, “we”, or “our”). The COD: Content On Demand App Services in some part or in full may be not available in all countries. PLEASE READ THE TERMS CAREFULLY BEFORE ACCESSING OR USING THE COD: Content On Demand App SERVICES.

Your access and use of the COD: Content On Demand App Services constitutes your agreement to be bound by the Terms, which establishes a contractual relationship (“Agreement”) between you and COD: Content On Demand App. If you do not understand the Terms or do not accept any part of them, then you may not access or use the COD: Content On Demand App Services. The Terms expressly supersede prior agreements or arrangements with you. COD: Content On Demand App may immediately terminate the Terms or refuse any COD: Content On Demand App Services with respect to you, delete accounts, remove or edit content, cancel orders or generally cease offering or deny access to the COD: Content On Demand App Services or any portion thereof, at any time for any reason without prior notice or liability, including without limitation if you breach the Terms. The provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, warranty disclaimers, ownership, indemnity, and limitations of liability.

Supplemental terms may apply to some COD: Content On Demand App Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you. Supplemental terms shall be deemed a part of, the Terms for the purposes of the applicable COD: Content On Demand App Services. Supplemental terms shall prevail over the Terms in the event of a conflict with respect to the applicable COD: Content On Demand App Services.

COD: Content On Demand App reserve the right, at its sole discretion, to amend the Terms from time to time. Amendments will be effective upon COD: Content On Demand App’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable COD: Content On Demand App Services. Your continued access or use of the COD: Content On Demand App Services after such posting constitutes your consent to be bound by the Terms, as amended. If You do not agree to the new Terms, please stop using the COD: Content On Demand App Services. When the Terms are changed (other than for typographical corrections or minor changes that do not alter its meaning), we will update the “Date of update” date at the top of the Terms.

The personal information COD: Content On Demand App collect, including information obtained from third parties, is used to operate the COD: Content On Demand App Services explain how we treat your personal data and protect your privacy when using the COD: Content On Demand App Services. Any such information you provide to COD: Content On Demand App must always be accurate, correct and up to date. We encourage you to read the COD: Content On Demand App’s Privacy Policy and to use it to help you make informed decisions.

A failure to enforce any right or provision of the Terms will not be considered as a waiver of those rights. You may not assign your rights or obligations under the Terms without COD: Content On Demand App prior written consent. COD: Content On Demand App may assign its rights under the Terms without condition. The Terms constitute the entire agreement between you and COD: Content On Demand App regarding the COD: Content On Demand App Services and supersede and replace any prior agreements we might have between with you regarding the COD: Content On Demand App Services.

If You have any questions about the Terms prior to accepting, please contact COD: Content On Demand App at support@dmchallenger.com

The COD: Content On Demand App Services

The COD: Content On Demand App Services is a marketplace that brings advice-seekers and independent, professional astrologers, ayurvedic experts and advisors (which together we refer to as the “Advisor(s)”) together through text messages, graphics, images, audio, video, or other types of communications. It allows You to search for, engage and submit questions to Advisors who provide personalized advice and guidance. COD: Content On Demand App is a software company that made the software platform to connect advice-seekers and advisors. COD: Content On Demand App doesn’t directly offer or sell any advice or service.

License and Access to Use the COD: Content On Demand App Services

Subject to your compliance with the Terms and your payment of any applicable fees, COD: Content On Demand App or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the COD: Content On Demand App Services. This license does not include any resale or commercial use of any COD: Content On Demand App Services, or its contents; any collection and use of any product listings, descriptions, or prices; any secondary use of any COD: Content On Demand App Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights, title and interest in COD: Content On Demand App and the COD: Content On Demand App Services not expressly granted to you herein are reserved by COD: Content On Demand App or its licensors, suppliers, publishers, rightsholders, or other content providers. No COD: Content On Demand App Services, nor any part of any COD: Content On Demand App Services, may be reproduced, modified, duplicated, copied, prepared derivative works based upon, sold, resold, leased, licensed, distributed, transferred, publicly displayed, publicly performed, transmitted, steamed, broadcasted, visited, or otherwise exploited for any commercial purpose without express written consent of COD: Content On Demand App. Select, copy and paste functions may be available for some text-based COD: Content On Demand App Products or Services, and you must use these features only for personal non-commercial purposes. You may not remove any copyright, trademark or other proprietary notices from any portion of the COD: Content On Demand App Services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of COD: Content On Demand App without express written consent. You may not use any meta tags or any other “hidden text” utilizing COD: Content On Demand App’s name or trademarks without the express written consent of COD: Content On Demand App. You may not decompile, reverse engineer or disassemble the COD: Content On Demand App Services except as may be permitted by applicable law. You may not misuse the COD: Content On Demand App Services. You may use the COD: Content On Demand App Services only as permitted by law. The licenses granted by COD: Content On Demand App terminate if you do not comply with the Terms.

Use of Third Party Services and Content

The COD: Content On Demand App Services may be made available or accessed in connection with third party services and content (including advertising) that COD: Content On Demand App does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. COD: Content On Demand App does not endorse such third party services and content and in no event shall COD: Content On Demand App be responsible or liable for any products or services of such Third Party Providers. Apple Inc., Google, Inc., Microsoft Corporation, BlackBerry Limited or others, including subsidiaries shall be third party beneficiaries of the Terms if you access the COD: Content On Demand App Services using Applications developed for Apple iOS, Android, Microsoft Windows, Blackberry-powered devices or others, respectively. These third party beneficiaries are not parties to the Terms and are not responsible for the provision, maintenance or support of the COD: Content On Demand App Services in any manner. Your access to the COD: Content On Demand App Services using these devices is subject to terms set forth in the applicable third party terms of service and the third party terms of service shall prevail over the Terms in the event of a conflict with respect to the applicable COD: Content On Demand App Services. When you use the COD: Content On Demand App Services, you may incur access or data fees from third parties in connection with your purchase and use of the COD: Content On Demand App Services. You are responsible for all such fees, for obtaining the data network access, for acquiring and updating compatible hardware or devices necessary to access and use the COD: Content On Demand App Services. COD: Content On Demand App does not guarantee that the COD: Content On Demand App Services, or any portion thereof, will function on any particular hardware or devices. In addition, the COD: Content On Demand App Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Applicable Apple Inc. Terms

The parties acknowledge that this Agreement is entered into by the End User and COD: Content On Demand App only, and not with Apple Inc.. COD: Content On Demand App, not Apple Inc., is solely responsible for the COD: Content On Demand App Services, subject to the terms and conditions of this Agreement. The parties acknowledge that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the COD: Content On Demand App Services. Apple Inc. and its subsidiaries shall be third party beneficiaries of the Terms. If you accept the Terms, Apple Inc. will have the right to enforce the Terms against you as a third party beneficiary thereof. To the extent that any product warranty is being granted to you by the Terms and is not disclaimed if the COD: Content On Demand App Services fail to conform to any applicable warranty, you may notify Apple Inc. and it will refund the purchase price for the COD: Content On Demand App Services to you. To the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever with respect to the COD: Content On Demand App Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is solely COD: Content On Demand App’s responsibility.

Your Use of the COD: Content On Demand App Services

User Accounts

In order to use the COD: Content On Demand App Services you must be 18 years of age or older. If you are between 14 and 18 years of age or the age of legal majority in your jurisdiction (if different than 18), you may also use the COD: Content On Demand App Services but only with the permission, involvement and under the supervision of a parent or legal guardian. You may only accept the Terms and use the COD: Content On Demand App Services with the permission of a parent or legal guardian. A parent or legal guardian may not allow persons under the age of 18 or the age of legal majority in your jurisdiction (if different than 18) to receive the COD: Content On Demand App services unless they are accompanied by him or her. You must not access the COD: Content On Demand App Services or accept the Terms if you are a person who is legally prohibited from receiving or using the Service or any Products under the laws of the country in which you are resident or from which you access or use the COD: Content On Demand App Services. If you use any COD: Content On Demand App Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone, tablet or other devices, and you agree to accept responsibility for all activities that occur under your account or password. Account registration may require you to submit to COD: Content On Demand App certain personal information, such as your name, date and time of birth, place of birth and current residential address, your photo, mobile phone number, as well as valid payment method like credit card, debit card, Paypal, gift / code card or other form of payment (collectively, “Payment method(s)”, “Payment information(s)”). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment information, may result in your inability to access and use the COD: Content On Demand App Services or COD: Content On Demand App’s termination of the Terms with you. WE PROHIBIT DISCLOSURE OF PERSONAL CONTACT INFORMATION TO OTHER USERS, INCLUDING CLIENTS AND ADVISORS. THIS INCLUDES, BUT IS NOT LIMITED TO, PHONE NUMBERS, COMPLETE ADDRESSES, AND E-MAIL ADDRESSES. IF YOU PROVIDE CONTACT INFORMATION TO ANOTHER USER, CLIENT OR ADVISOR, YOU DO SO AT YOUR OWN RISK AND YOUR ACCOUNT MAY BE SUBJECT TO TERMINATION. We do not provide the Advisors with your personal information, such as your email address, but may forward your name, date and time of birth, place of birth, gender, photo and other personal information in connection with facilitating the COD: Content On Demand App Services. Advisors are not permitted to request your personal contact information, address, payment information, or other sensitive information of a similar nature. You must not provide any such information even if an Advisor violates the Terms and asks you for it. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times. Unless otherwise permitted by COD: Content On Demand App in writing, you may only possess one Account per a particular COD: Content On Demand App Service. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. COD: Content On Demand App may at any time place limits on the number of devices and/or software applications you may use to access COD: Content On Demand App Products or Services, at COD: Content On Demand App’s sole discretion. You must adhere to all such limits. COD: Content On Demand App may record and store the unique device identifier numbers of your Devices in order to enforce such limits. If you do not agree to COD: Content On Demand App recording and storing this type of information then you should not use the COD: Content On Demand App Products or Services.You agree to comply with all applicable laws when using the COD: Content On Demand App Services, and you may only use the COD: Content On Demand App Services for lawful purposes. You will not in your use of the COD: Content On Demand App Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. You confirm that you are not located in a country that is subject to the embargo from other country and you are not listed on government lists of any country of prohibited or restricted parties. In certain instances, you may be asked to provide proof of identity to access or use the COD: Content On Demand App Services, and you agree that you may be denied access to or use of the COD: Content On Demand App Services if you refuse to provide proof of identity.

Termination

Upon termination, your right to use the Service will immediately cease. If You wish to terminate your account, You may simply discontinue using the Service.

Communications

By creating an Account, you agree that the COD: Content On Demand App Services may send you informational and advertising communications through any communications technologies like SMS, Push Notifications, Emails and any others as part of the normal business operation of your use of the COD: Content On Demand App Services. You may be opting out of receiving such communications from COD: Content On Demand App at any time by turning them off or deactivating your Account. You acknowledge that opting out of receiving communications may impact your use of the COD: Content On Demand App Services.

Free and/or Promotional Content, Bonuses, Codes

COD: Content On Demand App may, at its sole discretion, create and distribute free and/or promotional content, bonuses, codes (“Free/Promo Content”) that may be redeemed for Account credit, or other features or benefits related to the COD: Content On Demand App Services and/or a Third Party Provider’s services, subject to any additional terms that COD: Content On Demand App establishes. You agree that Free/Promo Content: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by COD: Content On Demand App; (iii) may be disabled by COD: Content On Demand App at any time for any reason without liability to COD: Content On Demand App; (iv) may only be used pursuant to the specific terms that COD: Content On Demand App establishes for a particular Free/Promo Content; (v) are not valid for cash; and (vi) may expire prior to your use. COD: Content On Demand App reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Free/Promo Content by you or any other user in the event that COD: Content On Demand App determines or believes that the use or redemption of the Free/Promo Content was in error, fraudulent, illegal, or in violation of the applicable Free/Promo Content terms or the Terms.

User Provided Content

COD: Content On Demand App permits you to share, submit, upload, publish or otherwise make available to COD: Content On Demand App through the COD: Content On Demand App Services textual, audio, video and/or visual content and information, including communication with advisors, commentary, and feedback related to the COD: Content On Demand App Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to COD: Content On Demand App, you grant COD: Content On Demand App a worldwide, perpetual, irrevocable, transferable, royalty-free license to use this information in accordance with COD: Content On Demand App’s Privacy Policy without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant COD: Content On Demand App the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or in other ways making available of such User Content nor COD: Content On Demand App’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is abusive, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by COD: Content On Demand App in its sole discretion, whether or not such material may be protected by law. COD: Content On Demand App may, but shall not be obligated to, review, monitor, or remove User Content, at its sole discretion and at any time and for any reason, without notice to you.

COD: Content On Demand App Content

In part or in full, a content provided while using COD: Content On Demand App Services can be received through third party services and content providers including Advisors or any others. Third party service and content providers are not our employees, consultants, agents or representatives. Advisors use the Service to provide clients with personalized readings and advice for entertainment purposes. You understand that any information provided to You by any Advisor is not a substitute for the advice and counsel of a qualified professional. We do not guarantee the verification of qualifications, certifications, credentials, competence or background of Advisors or any third party service and content provider. Your relationship relating to the Service is strictly and solely with the Advisor. We do not endorse, recommend, evaluate, warrant or guarantee any opinion, response, advice, prediction, recommendation, information or other service provided by Advisors or any third party service and content provider. COD: Content On Demand App encourages Advisors to meet all COD: Content On Demand App guidelines, standards and terms. However, COD: Content On Demand App does not have a possibility to provide the complete monitoring and control that all of its standards and terms are followed by Advisors or any third party service and content provider. You acknowledge that COD: Content On Demand App does not have a possibility to provide monitoring and control of all of the content received by you while using COD: Content On Demand App Services and you expressly agree that the entire risk arising out of your use of the COD: Content On Demand App Services in connection therewith, remains solely with you, to the maximum extent permitted by applicable law. You understand that any information provided to You by any Advisor is strictly for general entertainment purposes and that any consultation with any Advisor or any information provided by any Advisor is not a substitute for the advice and counsel of a qualified professional. We do not provide the Advisors with your personal information, such as your real name or email address, but may provide your nickname, date of birth and/or gender in connection with facilitating the Service. We do not guarantee the accuracy of a reading or any other advice exchanged.

Orders, Purchases, Payments and Fees

COD: Content On Demand App may make available to you various payment methods to facilitate the purchase or charges of the COD: Content On Demand App Services (which together we refer to as the “Charges”). You must abide by any relevant terms and conditions or other legal agreement, whether with COD: Content On Demand App or a third party, that governs your use of a given payment method. COD: Content On Demand App may add or remove payment methods at its sole discretion and without notice to you. You agree to pay for any COD: Content On Demand App Services that you order and that COD: Content On Demand App or COD: Content On Demand App’s payment processor may charge you through payment method available in your country, along with any additional amounts (including any taxes). You are solely responsible for all fees associated with purchases you make on COD: Content On Demand App. All Charges are due immediately and payment will be facilitated by COD: Content On Demand App using the preferred payment method designated in your Account. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that COD: Content On Demand App may use a secondary payment method in your Account, if available. It is possible to purchase credits, tokens, coins, questions and other types of virtual currency (collectively, “Credit(s)”), which may be used to pay for future order of COD: Content On Demand App Products and Services. IF YOU DO NOT USE YOUR CREDIT FOR A PERIOD OF ONE YEAR AFTER IT IS PURCHASED, THE CREDIT MAY BECOME INACTIVE OR DORMANT.

Payment Pre-Authorizations

A pre-authorization is a type of pending bank charge used to check an account for validity or approve funding for a purchase you attempt to make. You may be pre-authorized an amount before you make a purchase and then have the final charge submitted late. Another type of pre-authorization charge applies when a purchase is approved but won’t be posted to your account until later (when an item is back-ordered and shipping is delayed, for example). Keep in mind, a charge may be pending for some days; this essentially holds the pending funds for the intended purchase but does not charge them permanently. Once the permanent charge is posted, the pre-authorization charge will “fall off” your account. This can take up to 20 working days or even longer in some rare circumstances. Contact your banking institution if this does not occur.

Pricing and Taxes

For sales as both principal or agent, COD: Content On Demand App displays the pricing for COD: Content On Demand App Services. With respect to COD: Content On Demand App Products or Services sold by COD: Content On Demand App, we cannot confirm the price of an item until you order. Pricing and availability of all COD: Content On Demand App Services are subject to change at any time before a purchase is completed. You are responsible for any Taxes, and must pay for COD: Content On Demand App Products or Services without any reduction for Taxes. (“Taxes” means any duties, customs fees, or taxes other than income tax, associated with the sale of COD: Content On Demand App Products or Services, including any related penalties or interest). You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of COD: Content On Demand App or the purchase of COD: Content On Demand App Products or Services through COD: Content On Demand App. The reporting and payment of any such applicable taxes are your responsibility.

All Transactions Final

Except as expressly set forth in the Terms or other COD: Content On Demand App policies, all sales are final, and no returns, replacements or refunds are permitted, unless there are technical problems prevent the delivery of the purchased COD: Content On Demand App Products or Services or you have been provided with defective ones. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Product or Service that you acquired through that transaction. If any or all of our digital COD: Content On Demand App Products or Services are temporarily unavailable, you will not receive a refund. COD: Content On Demand App reserve the right, at its sole discretion, to issue refunds or credits. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.Your rights to cancel or return purchases and get a refund are set out in the additional terms for the relevant Product type below.

Subscriptions Purchased Through RazorPay.

COD: Content On Demand App may allow you to purchase access to content or COD: Content On Demand App Services on a subscription basis. Should you choose to subscribe to one of the available subscriptions a payment will be charged to Google Play Store account at the confirmation of your purchase. The subscription price and currency will vary by location. Subscriptions are automatically charged each billing period (whether weekly, monthly, annually, or another period), and you may be charged no more than 24 hours before the beginning of each billing period. Subscriptions may be managed by you and auto-renewal may be turned off by going to the subscription settings on your Android device. For the more detailed information please refer read the relevant Google Play Store subscriptions terms and conditions.

 

Disclaimers, Liability, Governing Law

Disclaimer

THE COD: Content On Demand App SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND FOR ENTERTAINMENT PURPOSES ONLY; COD: Content On Demand App DISCLAIMS ALL KIND OF WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COD: Content On Demand App MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE COD: Content On Demand App SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE COD: Content On Demand App SERVICES, OR THAT THE COD: Content On Demand App SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COD: Content On Demand App DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS.

YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE COD: Content On Demand App SERVICES, AND ANY SERVICE OR PRODUCTS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. AND YOU AGREE THAT FROM TIME TO TIME COD: Content On Demand App MAY REMOVE THE COD: Content On Demand App SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE COD: Content On Demand App SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE COD: Content On Demand App SERVICES WITHOUT NOTICE TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT COD: Content On Demand App SERVICE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT EVEN IF IT MAY SOUND SO. NONE OF THE COD: Content On Demand App CONTENT SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDITATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. NONE OF THE COD: Content On Demand App CONTENT SHOULD BE CONSIDERED A SUBSTITUTE FOR QUALIFIED PROFESSIONAL ADVICE. WE STRONGLY RECOMMEND THAT YOU ALWAYS SEEK THE ADVICE OF A QUALIFIED AND LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER IN CONNECTION WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS HEREIN, COD: Content On Demand App AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA OUR SERVICE.

YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT COD: Content On Demand App SERVICE IS NOT DESIGNED FOR USE IN EMERGENCIES, FOR MEDICAL OR PSYCHOLOGICAL PURPOSES, FOR THERAPY OR FOR ANY PURPOSE OTHER THAN ENTERTAINMENT.

YOU RELY ON OR ACT UPON THE ADVICE OF ANY ADVISOR OR OTHER USER OF THE SERVICE SOLELY AT YOUR OWN RISK AND BY YOUR OWN FREE AND VOLUNTARY ELECTION AND VOLITION. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR THE CONTENT THAT YOU SUBMIT AND ANY ACTS OR OMISSIONS UNDERTAKEN BY YOU IN CONNECTION WITH ANY OF THE INFORMATION OR ADVICE PROVIDED BY ANY ADVISOR, CLIENT OR USER.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, COD: Content On Demand App AND THE THIRD PARTIES BENEFICIARIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, OR ANY OTHER DAMAGES OR LOSSES, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE COD: Content On Demand App SERVICES, EVEN IF COD: Content On Demand App HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COD: Content On Demand App SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE COD: Content On Demand App SERVICES OR YOUR INABILITY TO ACCESS OR USE THE COD: Content On Demand App SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, OR OTHERWISE) AND EVEN IF COD: Content On Demand App HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall COD: Content On Demand App’s total liability to you for all damages exceed the amount of fifty USD ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

Indemnity

YOU AGREE TO INDEMNIFY COD: Content On Demand App AND ITS EMPLOYEES, AFFILIATES, AGENTS OR ANY ITS THIRD PARTIES THAT IN NO CASE THEM SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE COD: Content On Demand App PRODUCTS OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE COD: Content On Demand App SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY OMISSIONS OR ERRORS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED DUE TO THE USE OF ANY CONTENT POSTED, SUBMITTED, TRANSMITTED, OR MADE AVAILABLE VIA THE COD: Content On Demand App SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. THERE ARE SOME COUNTRIES OR JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN THESE COUNTRIES OR JURISDICTIONS, COD: Content On Demand App LIABILITY SHALL BE LIMITED ONLY TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

COD: Content On Demand App SHALL USE REASONABLE EFFORTS TO PROTECT THE INFORMATION POSTED OR SUBMITTED BY YOU IN CONNECTION WITH THE COD: Content On Demand App SERVICES BUT YOU AGREE THAT YOUR POSTING OR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE COD: Content On Demand App FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Dispute Resolution

You agree that any dispute, claim or controversy arising out of or relating to the Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the COD: Content On Demand App Services (collectively, “Dispute(s)”). You expressly agree that the Terms and any dispute arising out of the Terms or use of the COD: Content On Demand App Services shall be governed, construed, and enforced in accordance with the laws of India, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. For the resolution of any such dispute, you explicitly agree and consent to the exclusive personal, subject matter jurisdiction and venue of the courts located in the Delhi, India. You agree and submit to personal jurisdiction in such courts and you forever waive any argument or defense based on venue, personal jurisdiction or forum non conveniens.

Compliance with regulations

COD: Content On Demand App makes no claim or representation that the COD: Content On Demand App Services are permitted, or lawful for the use outside the Nepal. If You use the COD: Content On Demand App Service from a location outside the Nepal, then you do it at your own risk and you are responsible for compliance with the governing laws of the jurisdiction where you reside. You explicitly represent and warrant that you are not located in a country that is subject to a United States Government embargo and that you are not listed on any United States Government list of restricted parties.

Class Action Waiver

YOU AND COD: Content On Demand App AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION WHERE PERMITTED UNDER THE GOVERNING LAW. NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Notice and Procedure for Making Claims of Copyright Infringement

Copyright Notice

COD: Content On Demand App respects the intellectual property of others. If you believe that any Content available through the COD: Content On Demand App Services infringes a copyright claimed by you, please submit your claim along with the information required for copyright claim to COD: Content On Demand App at support@dmchallenger.com. We respond quickly to the concerns of rights owners about any alleged infringement.

The information required for copyright claim:

Please note that this procedure is exclusively for notifying COD: Content On Demand App that your copyrighted material has been infringed.

Notice and Procedure for other types of requests (excluding Copyright claims)

If you believe that any COD: Content On Demand App Products and Services purchased from COD: Content On Demand App have defects, please submit your claim along with the information required to COD: Content On Demand App at support@dmchallenger.com

The information required for your request: