E-commerce Terms of Use Agreement

This E-commerce Terms of Use Agreement (“Agreement”) is entered into as of the date of acceptance through digital acknowledgment (“Effective Date”), BY AND BETWEEN, M/S. JD Media Promotions, registered address: No.31/16, 8th Street, Kamarajar Colony, Kodambakkam, Chennai-600 024, Tamil Nadu, India, AND the individual or entity agreeing to the terms herein registering to buy services through the Platform (“User”/”Member”/”You”/”Your”).

WHEREAS The Platform is operating an online Marketplace accessible through the website https://tamilnadufilmfestival.com/ or any other platforms or mobile applications (“Platform”/”Us”/”We”) operated by M/S. JD Media Promotions

WHEREAS The Platform is commonly known as Tamil Nadu Film Festival (TNFF) (https://tamilnadufilmfestival.com/)

AND WHEREAS the User has agreed to comply with the terms and conditions stipulated by the platform for buying their products and the platform is agreed to provide the user with the necessary digital infrastructure and services to facilitate the sale of their service to the end user (“Customer”).

The platform and the User may be referred to individually as the “Party” and collectively as the “Parties“.

By clicking “I agree” or by using the platform to buy services, the User acknowledges that the vendor has read this agreement, and agrees to be bound by its terms.

1. USER/MEMBER ELIGIBILITY

1.1 Access to and usage of the website is strictly limited to individuals or entities capable of forming legally binding contracts under applicable law. Parties deemed “Incompetent to contract”, including but not limited to minors, un-discharged insolvents, or any other category specified by law, are not eligible to use the Platform.

1.2 If You are a minor, that is, under the age of 18 (eighteen) years, You shall not register as a Member on this Platform, engage in transactions, or use the Platform.

1.3 The provider reserves the right to terminate Your registration and/or refuse access to the Platform if it is brought to the notice or discovered that You are under the age of years.

1.4 If the User is a business entity, it must be duly registered and in good standing under the laws of its country of incorporation or registration and have the requisite power and authority to conduct the business it is currently involved in.

1.5 If You are registering as a business entity, You affirm that You have been duly authorized by the business entity to accept and enter into this Agreement and that You have the authority to bind the business entity to these terms.

2. ACCOUNT AND REGISTRATION

2.1. In connection with Your registration and use of the Platform, You agree to finish accurate, current, and complete details as may be required for the User/Member registration.

2.2. This includes but is not limited to Your full legal name, complete address, contact details, GSTIN, PAN, Business PAN, PIN code, registered address of the business, bank account details, and trade names.

2.3. You also agree to provide details regarding Your Films including the full cast and crew details and relevant details about your film. Further, You agree to provide the relevant guarantees that your film does not break any laws from the country in which it is originating.

2.4. You affirm that all the information provided to the Platform is accurate, current, complete, and in accordance with this agreement. If any information provided is found or suspected to be untrue, inaccurate, outdated, incomplete, or not in accordance with this Agreement, we reserve the right to indefinitely suspend, terminate, or block access to Your account on the Platform without prior notice.

2.5. You are responsible for keeping Your account information up to date. You agree to promptly update all account information to keep it accurate, current, and complete. Any changes that may materially impact your transactions on the Platform should be immediately notified to Us.

2.6. The service will be available to You subject to this Agreement and the applicable order(s). M/S. J D Media Promotions will use commercially reasonable efforts to make the Service available 24 hours a day and 7 days a week, except during the planned downtime with advance notice to You or the occurrence of a Force Majeure Event.

2.7. The User/Member agrees that its use of the Platform is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments by M/S. J D Media Promotions regarding future functionality or features.

2.8. M/S. J D Media Promotions reserves the right to modify the features and functionality of the services during the term of the agreement. In case, if there is a deprecation of any material functionality, M/S. J D Media Promotions will provide an advance notice of 30 (thirty) working days to You.

2.9. The provision and use of The Platform in certain jurisdictions are subject to Chennai, Tamil Nadu Region-Specific Terms.

2.10. We might provide some or all elements of the Agreement Service through third-party service providers.

2.11. If You purchase any additional services or packages from Us, this Agreement will apply to all additional orders and features that You activate within Your USER/MEMBER Account.

3. ACCEPTABLE USE

3.1. You agree not to use the Platform or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Platform or Services in any way that could damage the Platform, services or general business of the Provider M/S. J D Media Promotions.

3.2. During your use of our services, we grant you a limited, non-exclusive, non-transferable right to access our service. Except for what has been specifically provided for herein, no right, title, or interest shall be transferred to you. You also agree not to use the service for any other purposes.

3.3. You further agree not to use the Platform or Services:

3.3.1. Engaging in any activity that could result in excessive bandwidth usage, degradation of performance, or disruption of the Platform;
3.3.2. To use for competitive benchmarking or for developing competing Products;
3.3.3. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
3.3.4. To violate any intellectual property rights of the Provider or any third party;
3.3.5. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
3.3.6. To perpetrate any fraud;
3.3.7. To engage in or create any unlawful gambling, sweepstakes, or pyramids schemes;
3.3.8. To publish or distribute any obscene or defamatory material;
3.3.9. To publish or distribute any material that incites violence, hate or discrimination towards any group;
3.3.10. To unlawfully gather information about others.

3.4. You are prohibited from using the Platform or its contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party’s intellectual property rights or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (d) to violate any local, federal or international law, statute, ordinance or regulation; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; (g) to upload or transmit viruses or any other type of malicious code that will affect the functionality or operation of the Platform, other products, or the internet; (h) To collect or track the personal information of others; (i) To damage, disable, overburden, or impair the Platform or any other party’s use of the Platform;(j) to spam, phish, pharm, pretext, use any robot, spider, crawl, scrape; for any obscene or immoral purpose (k) To interfere with or circumvent the security features of the Platform, other products, or the internet; (l) To personally threatening other Users/Members. We reserve the right to terminate Your use of the Platform for violating any of the prohibited uses.

3.5. You acknowledge that the platform is not responsible or liable and does not control the content of any information that may be posted or stored on the platform by You or other Users of the Platform and You are solely responsible for the same. You agree that You shall not upload, post, or transmit any content that You do not have the right to make available (such as the intellectual property of another party).

3.6. You agree to comply with all applicable laws, statutes and regulations concerning You use of the Platform and further agree that You will not transmit any information, data text files, links, software, chats, communication or other materials that are abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racial or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.

3.7. You may not use the Platform for any illegal or unauthorized purpose nor may You, in the use of the service, violet any laws in Your jurisdiction (including but not limited to copyright to laws)

3.8. You acknowledge that the service has not been designed to collect or process sensitive personal information and accordingly, You agree not to use the Service to collect, process, or store any sensitive information. We will not have, and we specifically disclaim any liability that may result from Your use of the service to collect, process, and store sensitive information.

3.9. You shall obtain all necessary consents and permissions from individuals whose personal data is collected or processed through the Platform.

3.10. The Platform reserves the right to monitor the User’s/ Member’s use of the Platform to ensure compliance with these terms and applicable laws.

3.11. In the event of suspected violation of the terms, applicable laws, and regulations, we investigate and take appropriate actions, including but not limited to warning the User/Member, suspending or terminating the User’s/Member’s access to the Platform, and reporting any illegal activities to the relevant authorities.

4. PAYMENT TERMS

4.1. The Platform’s payment facility merely serves as an instrument utilized by J D Media Promotions and User/Member to ensure the successful execution of the transaction.

4.2. The Platform’s payment facility cannot be classified as a banking or Financial Service. It is an automated electronic online payment mechanism developed for the purpose of receiving payment, collection and remittance for transactions carried out on the Platform.

4.3. The Platform does not provide assurance of the identity of any User/Member nor does it offer a guarantee that a User/Member will successfully complete a transaction.

4.4. J D Media Promotions bears the sole responsibility for issuing invoices that are both correct and complete.

4.5. The User agrees to notify the Platform in writing within a reasonable time frame, not exceeding two working days, in case of any discrepancies or disputes regarding payments with the Platform.

4.6. The User shall provide valid and up-to-date payment information, such as debit card, credit card or other approved payment methods to the platform.

4.7. All Service Fees and Charges are exclusive of any applicable taxes, including goods and service tax (GST) or other similar taxes imposed by the government. The User shall be responsible for paying any such taxes as required by applicable laws.

4.8. The User/Member shall review invoices promptly upon receipt and notify the Platform of any discrepancies or concerns within a reasonable time frame.

4.9. All service fees and charges are non-refundable.

4.10. The Platform reserves the right to modify the service fee and charges for the service upon providing the vendor with prior notice, which may be in the form of an updated pricing schedule or other written communication. The service fee adjustment shall become effective upon the start of the next billing cycle.

5. PLATFORM OBLIGATIONS

5.1. The Platform will endeavor to use reasonable security measures to protect against unauthorized access to the platform and to user data. This includes maintaining proper firewalls and protection systems.

5.2. The Platform will provide reasonable technical support to the User as it relates to using the Platform for the sale of goods and/or services.

5.3. The Platform will provide basic customer service to the User/Member including assistance with navigating the platform, making purchases, and addressing User/Member specific issues.

5.4. The Platform will make reasonable efforts to limit downtime and ensure that the Platform is available for use by User/Member.

5.5. The Platform is responsible for ensuring that it complies with all applicable laws, regulations, and standards in the operation of The E-Commerce Platform.

6. LEGAL COMPLIANCES

6.1. The User acknowledges and undertakes to comply with all applicable laws and agrees to sign the declarations detailed in this agreement.

6.2. The User/Member is required under the law to provide the certificate issued by the Central Board of Film Certification of the films that they represent.

6.3. The User agrees to comply with all The Cinematograph Act of 1952, The Copyright Act of 1957, Intellectual Property laws, Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act of 1981, Cine Workers Welfare Cess Act of 1981 and the Cine Workers Welfare Fund Act of 1981.

6.4. The User/Member warrants that they will not engage in any form of bribery or corruption in connection with their performance under the agreement.

7. TERM, TERMINATION AND SUSPENSION

7.1. The term of service begins when the User sign-up for using the Platform and will remain in effect as long as the User uses the Platform or until this agreement is otherwise terminated in accordance with the terms hereof, whichever occurs first.

7.2. The Platform may terminate an account by providing notice of 10 working days.

7.3. Post-deactivation, certain information, including registered mobile number GSTIN, email ID and other transaction-related information will be retained for audit purposes and as per the applicable laws.

7.4. J D Media promotions specifically reserves the right to terminate this agreement if you violate any of the terms outlined herein, including, but not limited to violating the intellectual property rights of J D Media promotions or a third party, failing to comply with applicable laws or other legal obligations and/or publishing or distributing illegal material.

8. COMMUNICATION

8.1. In order to serve you better and communicate service updates and security reasons, it is imminent to communicate with you constantly. Therefore, by using the service you consent to receive Communications via phone or electronic records from J D Media Promotions including email messages telling you about products and services offered by J D Media Promotions an understanding your requirements. Communication can also be my posting any notices on the Platform.

8.2. You agree that the communication sent to you by J D Media Promotions shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.

8.3. User/Member shall promptly notify the Platform in writing of any change in their contact information to ensure effective communication under this agreement.

9. PRIVACY INFORMATION

The provider may collect and process personal information and other data from the User as necessary for the provision of providing the service. The Provider’s privacy policy shall govern the collection and processing of such data. The User is responsible for reviewing the privacy policy periodically to stay informed of any changes. You can access the privacy policy through the following link:

10. INTELLECTUAL PROPERTY

10.1. You agree that the Platform and all services provided by the provider are the property of the provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Provider IP). You agree that the provider owns all rights, title, and interest in and to the Provider IP and that you will not use the Provider IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the provider IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Provider.

10.2. You agree not to modify directly or indirectly, copy, reproduce, distribute, display, perform, or create derivative works based on the Provider IP

10.3. You acknowledge and agree that this agreement does not give you any right to implement the Provider’s patents.

10.4. Each party shall retain all rights, titles, and interests in its respective intellectual property rights. The rights granted to the User to use the services under this agreement do not include any additional rights or intellectual property rights of the Provider.

10.5. In order to make the Platform and the services available to You, You hereby grant the provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload or otherwise make available through the provider (“Your Content”). The provider claims no further proprietary rights in your content.

10.6. In the event that the User becomes aware of any infringement or unauthorized use of the provider IP, the vendor shall promptly notify the Provider and provide all necessary assistance to protect the Provider’s rights in the Provider IP.

11. THIRD-PARTY LINKS AND CONTENT

11.1. The Platform may contain links to third-party websites, apps, and resources. The vendor acknowledges and agrees that the Provider does not endorse or control such third-party websites or resources, and the Provider shall not be responsible or liable for any content, advertising products and services, or other materials available on such websites or resources.

11.2. The vendor may choose to integrate third-party applications, plugins, or content (“Third-Party Content”) with the Platform. Third-Party Content is subject to the terms and conditions of respective third parties and the Provider shall not be responsible or liable for any issues related to the use of Third-Party Content. Any concerns or disputes regarding the service, payment, or any other matter concerning third-party websites or resources should be addressed directly to the applicable third party.

12. GENERAL PROVISIONS

12.1. Authority: Each party represents and warrants to the other party J D Media Promotions that they have full power and authority to enter into this agreement and that is binding upon the User and enforceable in accordance with the terms.

12.2. Language: This agreement and all related communications, notices and documentation shall be conducted in the English language. Any translations provided for the convenience or o information purposes are not guaranteed to be accurate or complete, and the English version of this agreement in case of any discrepancies or conflicts.

12.3. Jurisdiction, Venue and Governing Law: Through Your use of the Platform of services, you agree that the laws of India shall govern any matter or dispute relating to or arising out of this agreement, as well as any dispute of any kind that may arise between you and the provider with the exception of its conflict of law provisions. Both the parties do hearby agree that any dispute arising out of or in relation to this agreement shall be settled in accordance with the provisions of the arbitration and conciliation act, 1996 and/or any statutory modification or re-enactment thereof for the time being in force. The parties shall mutually appoint a single arbitrator. Each party shall pay their own cost and fees of the arbitration and the cost of the arbitrator shall be bone equally. The seat of place of the arbitration shall be as follows: Chennai, Tamil Nadu. The language of the arbitration shall be: English. The agreement shall be governed in accordance with the laws of India and the courts of Tamil Nadu will have the exclusive jurisdiction.

12.4. Assignment: The User shall not assign, transfer, or delegate any rights or obligations under this agreement without the prior written consent of the Provider. However, the provider may assign or transfer this agreement, in whole or in part, to any affiliated entity or in connection with a Merger, acquisition, or sale of assets. Any attempted assignment in violation of this class shall be null and void. This agreement shall be binding upon and inure to the benefit of the parties and their respective success and permitted assigns.

12.5. Severability: If any part or sub-path of this agreement is held invalid or enforceable by a court of law of competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. The parties agree to replace the severed provision with a valid and enforceable provision that reflects the original intent of the agreement to the maximum extent possible.

12.6. No Waiver: The failure of either party to enforce any right or provision of this agreement shall not be deemed a waiver of such right or provision. The waiver of any breach of this agreement shall not constitute a waiver of any subsequent breach. No waiver shall be effective unless it is expressly stated in writing and signed by the waving party.

12.7. Headings For convenience only: Headings of parts and sub-parts under the agreement are for convenience and Organisation, only. Headings shall not affect the meaning of any provisions of this agreement.

12.8. No agency, partnership or joint venture: Nothing in this agreement shall be construed as creating and agency, partnership, joint venture, or any other form of legal Association between the User and the provider. This agreement does not authorize either party to act as an agent or representative of the other party.

12.9. Force majeure: Neither party shall be liable for any failure or delay in the performance of its obligations under this agreement if such failure or delay is caused by events beyond its reasonable control, including but not Limited to acts of God, natural disasters, fires, floods, epidemics, pandemics, war, terrorism, strikes, labour disputes, governmental actions, or any other event that is unforeseeable and beyond the reasonable control of the affected party (“Force Majeure Event”). The party affected by the Force Majeure Event shell promptly notify the other party in writing of the occurrence and anticipated duration of such event. The affected party’s performance under this agreement shall be suspended during the Force Majeure Event, and the time for performance shall be extended for a period equal to the duration of the Force Majeure Event. If the Force Majeure Event continues for a period of three months, either party may terminate this agreement by providing written notice to the other party without incurring any liability for such termination.

12.10. Electronic Communications Permitted: The parties agree that electronic Communications, but not limited to email, electronic signatures, and online messaging, shall be deemed valid and legally binding for all purposes under this agreement. Such Electronic Communication shall have the same force and effect as if it were in writing and signed by the parties. The parties further acknowledge electronic Communications or reliable, confidential, and Secure means of communication

You can contact Mrs. Josephine David of J D Media Promotions by the following method: Call +91 984 097 3445 or +91 904 231 1145 or Email info@jdmediapromotions.in or info@tamilnadufilmfestival.com