Garda.

AGE OF MAJORITY

Unless otherwise specified, Garda Films is available for individuals who have attained the age of majority in their jurisdiction. In the case of Indian jurisdiction, this service is restricted to Users below the age of 7 also referred to as minors. If You are under the relevant age of majority in Your jurisdiction, You may only access the Website/ Application and avail the Services only in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In India, by browsing or downloading and/or installing and/or using Garda, You represent and warrant that YOU are 15 years of age or older and in case YOU are less than 18 years of age, You have taken consent of Your parent or guardian. SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER'S DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY MINORS. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE.

OWNERSHIP

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

YOUR RESPONSIBILITIES

You will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use Garda and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider. Garda is compatible on selected operating systems and specific versions and Device(s). The download procedure of the Application shall be subject to the process specified by the operating system of Your Device(s). You need to have a Device connected with Internet for download of Garda Application to begin and complete. Garda shall not be responsible in case of any fluctuation in the Internet connection speed leading to corruption of Application file download or any delayed or defective download of the Application on Your Device(s). Garda shall not be responsible or liable to You for interruption, disruption, deactivation of Garda on account of any Force Majeure Event. For the purpose of these Terms of Use, “Force Majeure Event” shall mean any event beyond the reasonable control of Garda including but not limited to act of God, any act or omission of government or quasi-government agencies or lockout, strike, curfew, technical errors etc. Garda may, at its sole discretion, make bug fixes, updates for the installed Application. In the event Garda has upgraded the Application or any features thereof, You will be required to update Your Device in order to make the Device compatible with such upgrades. Garda shall not be responsible or liable to You in the event You are unable to access Garda or view the Content on Garda due to Your failure to upgrade Your Device.

You further agree not to use our packages for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to copyright laws. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

You understand that your contents - not including credit card information, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

REGISTRATION

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

We reserve the right to refuse service to anyone for any reason at any time.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

By subscribing to Garda, you are expressly agreeing that Garda is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of Garda’s Service through any such payment method/ instrument including but not limited to credit/debit card, net banking or other payment method/ instrument accepted by Garda ("Payment Method") that you are provided. The Payment Methods will differ from platform to platform (operating systems). In the event your subscription expires, Garda reserves the right to auto-renew your subscription through your authorized Payment Method provided such Payment Method offers the service of auto-renewal. You hereby authorize Us to effect such auto-renewal in the above-mentioned scenario. In the event you desire to discontinue your auto-renewed subscription, you may contact us at [email protected] in order to obtain assistance in this regard. All fees and charges are non-refundable and there are no refunds or credits for partially used periods and/or unwatched content.

You agree to provide current, complete and accurate account information for all subscriptions. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

SUBSCRIPTION

To be able to view the content (Except for Trailers), you will be required to subscribe to any one subscription plan (“Plan”) on Garda Website/ Application. Any Registered User can avail the Subscription Package ("Subscription User"). As Subscription User, You will be required to subscribe to Subscription Packages made available by Garda from time to time. The subscription to Subscription Packages may be subject to additional terms specified by Garda. Depending on packages and/or value added services and the term of the proposed subscription, You will be required to make payment via a Payment Method provided by Garda for accessing and browsing Garda. If You wish to avail Garda after the expiry of the initial term of Subscribed Packages, You shall prior to the expiry of such term, recharge Your account with the then prevailing subscription charges.

Garda reserves the right to modify or discontinue Website/ Application at its sole discretion with or without notice to You. Garda shall not be liable to You or any third party in any manner, should Garda exercise its right to modify or discontinue Website/ Application. Further, Garda reserves the right, at any time, with or without notice and without any liability to:

Replace or otherwise withdraw Subscription Packages or Content,change or reduce the number of hours of any Content; blackout any Content; and modify the prices for Subscription Packages or any part of Garda service. Further, Garda reserves the right to change packaging and introduce base and add on packages and/or offer content on individual basis. You acknowledge and agree that the Content provided by Garda is being supplied by third parties and availability of such Content is outside Garda’s control and can be removed anytime. Additionally, Garda shall have the right, but not the obligation, to refrain from providing to You any Content in the interest of national security or in the event of emergency/ war or similar situation or if the Content is anti-national, promotes political/ religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or Garda otherwise determine that it is objectionable or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of Garda’s subscribers or the general public.

In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, You must use Your own credit card and/or debit card and/or net banking account and/or cash card. You confirm and acknowledge that You are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, You may be directed to an external payment gateway page. The payment gateway may redirect

You to other website(s) maintained or controlled by third parties, and Garda does not control such third party website(s) and hence is not responsible for any transactions on such website(s). Garda will not be liable for any credit card or debit card or net banking or cash card fraud, and Garda will not entertain or address any such grievances or issues. You are requested to communicate all grievances related to such issues to Your bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. Garda shall not be responsible for all or any dispute or difference relating to online payment made by You through credit card or debit card or net banking account or cash card or via any other mode available. Further, Garda will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of your credit/debit card and net banking confidential and do not share any such details with any other third party. Garda is available in select countries only. Garda would not be held responsible for hindrances in the access and use of Garda due to geographical change in Your location. Further, YOU will be solely liable for accessing and using Garda in the countries of Your use. Your subscription to Garda in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by Garda. You will be required to re-subscribe to Garda in the event that you wish to use the services from a different territory other than the one from where you originally subscribed to Garda.

Garda shall have the discretion to make certain or all Content that is a part of the Subscription available to You on either one or limited number of end user device concurrently.

ACCESS TO USE

To access the Garda Website/ Application, You will have to enter Your individual Username and password, as chosen by you during your registration.

If Garda reasonably believes that an account and password is being misused in any manner, Garda reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify Garda immediately of any unauthorized use of your account or any other breach of security. Garda will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by Garda or another party due to someone else using your account or password.

AVAILABILITY & QUALITY

The availability of content(s) to view through Website/ Application will change from time to time at the sole discretion of Garda. The quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/ or speed of your internet connection, and/ or quality of user’s hardware. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. Geographic Limitation: You may watch a video through the Garda Website/ Application only in geographical locations where Garda offers the content, and the content available to view will vary by geographical location determined by Garda. Garda may use technologies to verify your geographical location.

RESTRICTIONS & PROHIBITED USES

It is hereby clarified that Garda is provided for Your personal, non- commercial use only. You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sub-license, assign, pledge, loan, or resell the Content of Garda. You shall only use Garda on Device(s) that is under Your exclusive control and ownership. You shall not permit any third party to benefit from the use or functionality of Garda, either directly or via any facility management, time-sharing, service bureau or any other arrangement. If You transfer possession of any copy of Garda to another party, Your subscription of Garda shall automatically get terminated. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device(s), program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Garda or any Content, or in any way reproduce or circumvent the navigational structure or presentation of Garda or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Garda. We reserve the right to bar any such activity.

You shall not probe, scan or test the vulnerability of Garda website or any network connected to Garda nor breach the security or authentication measures on Garda or any network connected to Garda. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Garda to its source. You also agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Garda or any systems or networks connected to Garda. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through Garda, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on .

You acknowledge and agree that Garda is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Garda of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from Your use of any such websites or resources. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on Garda and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of Garda, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using Garda, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on Garda. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (i)for any unlawful purpose; (ii)to solicit others to perform or participate in any unlawful acts; (iii)to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv)to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v)to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi)to submit false or misleading information; (vii)to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii)to collect or track the personal information of others; (xi)to spam, Phish, harm, pretext, spider, crawl, or scrape; (x)for any obscene or immoral purpose; or (xi)to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website/ Application for violating any of the prohibited uses.

OPTIONAL TOOLS

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third- party provider(s).

THIRD-PARTY LINKS

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

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Website/ Application or any parts thereof. You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure including, without limitation Geo-filtering and/or encryption, etc., associated with Website/ Application content. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.