Terms of Use

1.Overview

1.1.

Welcome to Eros Now. We are an online video streaming service and offer our users and subscribers access to audio-visual entertainment in the form of full length feature films, non-feature film videos, promotional videos, music videos and various other content offered through our web browsers, apps and various other platforms compatible with our system requirements (“Content”) through internet streaming or other mobile telephony services or ancillary technology wherein a subscriber is defined as a consumer of the Content across all such platforms being web browsers, apps, telephony products, WAP amongst other technologies as a result of a direct or indirect financial transaction. The Content, our website, our apps, and any other features, functionalities, applications, materials, or other services offered from time to time by Eros Now in connection with any of the above, however accessed, are referred to collectively as the “Services” or the “Eros Now Services”)

2.Acceptance of the Terms of Use

2.1.

The use of the Eros Now Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 are not eligible to use the Eros Now Services. Without prejudice to the generality of the above, no person under the age of 18 may use or access the Eros Now Services or the Content or attempt to enter into any transactions on our service.

2.2.

These terms of use, which include our Privacy Policy, as may be amended or altered by Eros Now (“Terms of Use”), govern your use of the Eros Now Services. Your access or use of the Eros Now Services including this website constitutes a legally binding agreement with Eros Digital FZE (hereinafter referred to as “Eros Now”, which expression shall, unless repugnant to the context, mean and include all their affiliates, administrators, representatives, agents, legal heirs and assigns) to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use or access the Eros Now Services.

2.3.

While the Content accessible through the Eros Now Services have been certified for viewership by the appropriate authority, we do not warrant that you will find the Content suitable for your personal consumption. By using and accessing the Eros Now Services you confirm that you do not find the Content to be vulgar, obscene, pornographic, misleading, defamatory, libelous, offensive, derogatory, threatening, harassing, abusive or of a violent nature. If you find any of the Eros Now Services to be unsuitable in any manner, please discontinue your access and use of the Eros Now Services. If you are of the belief that any of the Eros Now Services are illegal or infringing any proprietary rights, please follow the procedure outlined in paragraph 10 of these Terms of Use.

3.Changes to Terms of Use

3.1.

Eros Now reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use in will be effective from ten days or such other reasonable time specified when notice of such change is posted. Your continued use or access of the Eros Now Services after any such changes constitutes your acceptance of the new Terms of Use.

4.Privacy and Communications Preferences

4.1.

Any information submitted through the Eros Now service, including Personal Data, is subject to the terms of our Privacy Policy .

4.2.

By using or accessing the Eros Now service, you (i) consent to the use of electronic communications in order to enter into contracts and confirm terms from Eros Now; (ii) consent to the electronic delivery of notices, policies and records of transactions initiated or completed by you online; and (iii) acknowledge that you have access to the necessary software and hardware to receive electronic records from Eros Now in connection with transactions initiated or completed by you online. You consent to receiving electronic communications from Eros Now regarding Eros Now’s services and you represent that you are not on any Do Not Call / Do Not Disturb registries under the Telecom Unsolicited Commercial Communications Regulations, 2007, the Telecom Commercial Communications Customer Preference Regulations, 2010 or otherwise which preclude us from sending you these communications.

5.Ownership of Intellectual Property

5.1.

Eros Now, its affiliates and its licensors/licensees have, and shall continue to retain, all title, rights and interests in the Eros Now Services and the Content, including all information, design, layout, text, graphics, logos, designs, photographs, databases, icons, images, audio/video clips, digital downloads, data compilations, graphics, illustrations, configurations, data, data fields, flash presentations, code, underlying technology, content delivery mechanisms, plug-ins and other files and software.

5.2.

The Eros Now Services including the website and applications, the look and feel of the website and applications, the presentation of the Content, user interface, databases and compilations are the sole and exclusive property of Eros Now.

5.3.

“EROS” and “EROSNOW” are registered trademarks of Eros Digital FZE. The Eros Now logo and erosnow.com are used as trademarks or service marks of Eros Digital FZE. The Eros Now website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Eros Digital FZE. The trademarks, service marks and trade dress of Eros Now may not be used or reproduced without prior written approval from Eros Now and may not be used in connection with any product or service that is not affiliated with Eros Now, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Eros Now, or in any manner that disparages or discredits Eros Now. Other trademarks that appear on the Eros Now website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Eros Now. Any images of persons or personalities contained on the Eros Now website and user interfaces are not an indication or endorsement of Eros Now or any particular product or our service unless otherwise indicated.

6.Limited License

6.1.

Eros Now grants you a temporary, non-exclusive, non-transferable, conditional, limited right to access and view the Eros Now Services and the Content for your personal, non-commercial use, subject to the conditions provided below, during the period during which you are bound by these Terms of Use. You shall have no right or interest in the Eros Now Services or the Content other than as expressly provided herein.

6.2.

Your limited license as provided is subject to the following conditions:

The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, for any purpose whatsoever, without Eros Now’s prior written permission, except as expressly permitted by the limited license;
You may not create any derivative works from the Content or Eros Now Services (including without limitation, montages, mash-ups, recreations, derivations, screen captures, wallpaper, desktop themes or any other physical or digital material) or republish the Content or Eros Now Services on any Internet, intranet or extranet site or incorporate the Content in any other database or compilation;
You may not extract, collect, harvest, test or benchmark, through electronic means or otherwise, the Eros Now Services or any of the Content;
You may not use the Content or the Eros Now Services for any purposes competitive with or derogatory to Eros Now and you may not associate the Eros Now Services or the Content with, provide links from or display alongside any material that may be vulgar, obscene, pornographic, misleading, defamatory, libelous, offensive, derogatory, threatening, harassing, abusive or violent nature, or such that it is proscribed under applicable law or infringes third party rights;
You shall not directly or indirectly, through any means whatsoever, permit, abet or assist any access or use of the Eros Now Services or the Content in a manner not expressly provided or permitted herein; and
This limited and conditional license may be revoked at any time by Eros Now.

7.The Use of Eros Now Services

7.1.

We distribute movies and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Eros Now service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Eros Now service, are those of the respective authors or producers and not of Eros Now, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Eros Now, or its shareholders, directors, officers or employees or licensors be held liable for any loss or damage caused by your reliance on such information obtained through the Eros Now service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Eros Now service.

7.2.

The use of the Eros Now Services and access to the Content are subject to you having the necessary hardware, software and network resources as listed under our System Requirements .

7.3.

We disclaim all warranties in relation to the Eros Now Services and the Content. Please read paragraph 11 of these Terms of Use for our detailed disclaimer. In addition to the disclaimer of warranties therein, we do not guarantee that access to the Eros Now Services or the Content shall be error free. Your access to the Eros Now Services or the Content and the quality of your use of the same shall be contingent on various factors outside the control of Eros Now, including the network resources used by you. Eros Now Services may be bandwidth intensive. We are not responsible for any costs that you incur while attempting to access the Eros Now Services or the Content, including payments towards Internet and broadband access or any additional expenses incurred by you including charges imposed by your network service provider for 3G/or roaming access.

7.4.

You may access the Eros Now Services and Content only in geographic locations where we offer our services. The Content that may be available to watch may vary by geographic location. Eros Now uses technologies to verify your geographic location and thereby limit your access to content not available in such location.

7.5.

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

8.Membership and Features

8.1

Membership: Some of the features of the Eros Now Services and some of the Content are made available to our unregistered users. Most of the features of the Eros Now Services and the Content are available only to our registered members. To become a registered member, you will be required to provide certain Personal Data as well as make payments towards membership through a third-party payment gateway. Please refer to our Privacy Policy . to see how we treat the Personal Data collected from you and please see paragraph 9 of these Terms of Use for more information regarding the third-party payment gateway. We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

8.2.

Account Information and Security: When creating your account, you must provide accurate and complete information. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Eros Now ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions and may be required to compensate Eros Now for any losses arising out of them. You shall not use another user’s membership account without permission. You must notify us immediately of any breach of security or unauthorized use of your account and you should also report this instance to all your card issuers, as well as your local law enforcement agency. In order to provide you with ease of access to your account and to help administer the Eros Now service, Eros Now implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Eros Now service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

8.3.

Membership Cancellation: You may cancel your Eros Now membership at any time. We do not provide refunds or credits for any partial-month membership periods or unwatched Content.

8.4.

Change of Features and Content: Eros Now reserves the right to change, supplement, alter or remove any of its features or Content as it deems fit and a paid membership does not guarantee continued access to such features.

8.5.

Fair Use Restrictions: Eros Now may also place additional fair use restrictions including Restrictions on concurrent connections and time of usage as provided here .

8.6.

Advertisements: Some of the services, facilities or features of the Eros Now Services are supported by advertising revenue and the Eros Now Services may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the website, queries made through the Eros Now Services or other information. The manner, mode and extent of advertising by Eros Now through the Eros Now Services are subject to change without specific notice to you. Eros Now takes no responsibility for advertisements or any third-party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Eros Now Services are between you and the advertiser, and you agree that Eros Now shall not be liable for any loss or claim that you may have against an advertiser.

8.7.

Promotional Offers: Eros Now may from time to time, offer certain additional features or discounted access as promotional offers, free of cost or at discounted rates to its users. Such promotional offers are offered by Eros Now on an “as is” basis without any warranty or obligation regarding such promotional offer, unless expressly provided otherwise. No promotional offer shall be deemed to imply any obligation on Eros Now to continue to offer such or similar promotional offers. Any promotional offer made available by Eros Now, may not be combined with any other offers.

8.8.

Gift a Movie: If and when offered by Eros Now, you may be permitted to purchase and transfer the right to access and view certain content in accordance with our “Gift a Movie” promotional offer. All such transfers shall be in the form of a gift and without receiving any compensation or consideration for the same and shall be in accordance with the terms and conditions provided herein. Nothing contained herein shall entitle you to sell or offer for sale such rights or entitle you to provide the rights as part of any other promotional offer or competition without the express, prior and written consent of Eros. The rights of the transferee to access and view the content shall be subject to such transferee accepting and abiding by these Terms of Use and becoming a registered member of Eros Now. In the event the transferee fails or refuses to become a registered member of Eros Now and accept the Terms of Use within 10 days, the rights to access and view the content shall lapse without any refund to the transferor. This is a promotional offer and may be withdrawn at any time and for any reason without any prior notice or liability.

8.9.

User Reviews: We permit you to post reviews of content available through the Eros Now service. We do not regularly select or review the content posted on the Eros Now website; however, we reserve the right to reject, remove or edit such content at any time without notice. You may not post reviews or otherwise disseminate on or through the Eros Now Services, any content that is unlawful, harassing, libelous, tortious, abusive, offensive, threatening, or obscene, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.

8.10.

Facebook Access: For members in certain countries, you can connect your Eros Now account to Facebook. This feature requires you to accept and comply with the terms of service and privacy policy of Facebook. If you choose to connect, you'll be able to take advantage of various social features we will be creating as part of the Eros Now service, as well as features available on Facebook. In addition, Eros Now may personalize and otherwise seek to enhance your experience based on your information from your Facebook account. By connecting your Eros Now account to your Facebook account, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to Facebook (in accordance with your privacy settings on Facebook and your account settings on Eros Now). If you do not want information about you, including information such as your viewing activity, to be shared in this manner, do not use the Facebook connect feature. Eros Now disclaims all warranties in relation to and all liabilities arising from any use of your Personal Data by Facebook or any other third party.

8.11.

Streaming Software/Software Plug-ins: Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this website may be used by you solely for accessing and using this website for purposes expressly stated herein. Eros Now retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to such software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software.

9.Billing and Payment

9.1.

We use a third-party payment gateway to process payments made to Eros Now. The third-party payment gateway service provider will require certain financial information including your credit card /debit card or other banking information. Other than providing a confirmation upon receipt of payment against a membership account, Eros Now disclaims any and all liabilities in relation to your payment processing by such third-party payment gateway service provider and the collection and processing of any information provided to the payment gateway service provider. While using such payment gateways to make payments to Eros Now, you will be required to accept the terms of use and privacy policies of such payment gateway service provider. We request you to please make yourself familiar with the terms of use and privacy policies of your respective payment gateway service provider before using such service.

10.Role of Eros Now as in Intermediary

10.1.

We are an intermediary, as defined under the Information Technology Act, 2000. As part of our obligations under the Information Technology Act, 2000, upon receiving actual knowledge that any information, data or communication link residing in or connected to a computer resource controlled by us, is being used to commit an unlawful act, we are required to remove or disable access to such material.

10.2.

If you believe your work has been reproduced or distributed through the Eros Now Services in a way that constitutes copyright infringement or are aware of any infringing material available through the Eros Now Services or if you have tangible and conclusive information that any of the material made available through Eros Now is illegal, please notify us through email at: legal@erosnow.com.

10.3.

The notification must be in writing and where the claim relates to one of copyright infringement, the notification must contain a description of the copyrighted work that is claimed to have been infringed, authorization to act on behalf of the copyright owner, details of what material is allegedly infringing, how the infringement has occurred/is occurring, the location of the same within the Eros Now Services and your contact details. Where the claim relates to one of illegal content, the notification must include tangible and conclusive information that the material made available through the Eros Now Services, is illegal under the laws of India.

11.Disclaimers of Warranties and Limitations on Liability

11.1.

The Eros Now Services, including our website, applications and user interfaces, and all Content and software associated therewith, or any other features or functionalities associated with the Eros Now Service, are provided "as is" and "as available" and without warranty of any kind. To the fullest extent permissible pursuant to applicable law, we, our affiliates and our licensors make no representations or warranties of any kind with respect to the Eros Now Services, our website and user interfaces, and all Content and software associated therewith, including without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement.

11.2.

Eros Now assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services advertised by third parties through the Eros Now Services. Eros Now does not make any warranty that the Eros Now Services or the Content will meet your requirements, or that the Eros Now Services or the Content will be uninterrupted, timely, secure, or be free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected.

11.3.

You expressly agree that use and access of the Eros Now Services, including all Content, data or software distributed by, downloaded or accessed from or through the Eros Now Services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or access of such Content, data and/or software.

11.4.

We do not make any representations with respect to the contents and composition of the Content from the Eros Now service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not endorse, condone, support or make any warranties regarding accuracy or completeness of any statements, representations, advice, views or opinions contained in any of the Content or advertisements. All such statements, representations, advice, views or opinions may be partly or entirely fictional, exaggerated or false and the licensors of such Content or advertisement are solely responsible for the same.

11.5.

Eros Now assumes no responsibility for any damages suffered by you, including, but not limited to, loss of data from delays, non-deliveries of Content or email, errors, system down time, mis-deliveries of Content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Eros Now, its affiliates, its licensors, or your own errors and/or omissions. Except as provided under the Privacy Policy, Eros Now disclaims any warranty or representation that confidentiality of information transmitted through the Eros Now Services will be maintained. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Eros Now or its affiliated parties.

11.6.

Eros Now may provide the Eros Now Services, links to web sites operated by other entities. If you use these sites, you may leave this website based on your browser settings and may not be able to complete or may have to re-do certain operations through the Eros Now Services. If you decide to visit any linked site, it is done so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Eros Now makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. The links do not imply that Eros Now, its affiliates or its licensors sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Eros Now.

11.7.

The disclaimers provided herein are supplementary to the Legal Disclaimer and neither shall substitute or limit the other.

11.8.

N NO EVENT SHALL EROS NOW BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON THE YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, AND FUNCTIONS OF THE EROS NOW SERVICES, EVEN IF EROS NOW IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES HERETO ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

12.Indemnity

12.1.

You undertake to indemnify, defend and hold harmless without limitation, Eros Now, its affiliates and its licensors from any actual or alleged loss, damage or claim arising from or related to any breach of any of the terms, conditions or provisions of these Terms of Use.

13.Other Terms

13.1.

Termination: We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Eros Now may also impose limits on certain features and services or restrict your access to parts or all of the Eros Now Services without any notice or liability.

13.2.

All links to the website must be expressly approved in writing by Eros and shall be subject to the following conditions: (i) the link is a text-only link containing only the name “Eros Now” and directs only to https://erosnow.com and not to any other page of the website; (ii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website; (iii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Eros Now nor be such as to damage or dilute the goodwill associated with the name and trademarks of Eros Now, its affiliates or licensors; and Eros Now reserves the right to revoke or alter the terms of such consent to link at any time in its sole discretion.

13.3.

Export Control Regulations: You hereby agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside.

13.4.

Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of India without regard to conflict of law provisions. Eros Now makes no representation that the Eros Now Services or the Content provided is appropriate or available for use outside India. You will not access or use this website from a jurisdiction which restricts you from accessing this website.

13.5.

Disputes Resolution, Arbitration and Class Action Wavier: PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR RIGHTS UNDER THIS POLICY. There may be instances in which disputes arise between you and Eros Now. YOU AND EROS NOW AGREE THAT PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Eros Now will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

You and Eros Now agree to arbitrate, as provided below, all disputes between you and us (including any related disputes involving Eros Now Services or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Services or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Eros Now empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation the arbitrability of any dispute, and any claim that all or any part of this Agreement are void or voidable.

In the event of a dispute, you and Eros Now agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. The claiming party must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of dispute to Eros Now, 901-902 Supreme Chambers, Off Veera Desai Road, Andheri (West), Mumbai – 400053: Attn: Legal Department. We will send any notice of dispute to you at the contact information we have for you.

You and Eros Now will attempt to resolve a dispute through informal negotiation within sixty (60) days beginning from the date the notice of dispute is sent. This informal negotiation requires an individual meet–and-confer in person, telephonically, or via videoconference that addresses only the dispute between you and us. If you are represented by counsel, your counsel may participate in the conference, but you will also need to individually participate. Eros Now will participate in the conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the dispute resolution conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. Alternatively, you may litigate a dispute in small claims court immediately if the dispute meets the requirements to be heard in small claims court and you proceed only on an individual basis, whether or not you first negotiated informally or completed a dispute resolution conference. However, nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any dispute resolution conference or filing in small claims court.

If you, on one hand, and Eros Now, on the other, do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Mumbai Centre for International Arbitration (“MCIA”). YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by Mumbai in accordance with the Mumbai Centre for International Arbitration Rules and Procedures (the “MCIA Rules”). The MCIA Rules and instructions about how to initiate an arbitration are available at https://mcia.org.in/mcia-rules/

Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Mumbai. You and Eros Now agree to submit to the exclusive jurisdiction in the courts of Mumbai, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

In accordance with the MCIA Rules, the party initiating the arbitration (either you or Eros Now) is responsible for paying the filing fee. If the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then we will pay for any MCIA Case Management Fees and all professional fees for the arbitrator’s services, and will reimburse you for the filing fees you incurred in connection with the arbitration. However, if the arbitrator finds that either the substance of your claim or the relief sought in your claim was frivolous or was brought for an improper purpose (as measured by the standards described in the applicable laws), to the extent permitted by law, we will have the right to seek recovery of any MCIA Case Management Fees and all professional fees for the arbitrator’s services that we incurred in connection with the arbitration. You would have the same right

Except as provided above with respect to jurisdiction in Mumbai, nothing in this arbitration agreement shall be construed as consent by Eros Now or its affiliates to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Services or this Agreement.

If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney. We thank you for understanding why it is important that we agree on the process for addressing disputes.

13.6.

Severability: If any part of these Terms of Use is held illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed separable from the remaining parts of these Terms of Use and shall not affect or impair the validity of enforceability of the remaining provisions of these Terms of Use. If any part of these Terms of Use is found to be unreasonable by a court of competent jurisdiction, such term shall be limited to the extent considered reasonable and continue to remain valid and enforceable.

13.7.

Waiver: Please report any violations of this Terms of Use agreement to legal@erosnow.com. Eros Now shall determine how to deal with violations of its Terms of Use agreement on a case-by-case basis. Eros Now’s response to any particular violation of this Terms of Use agreement may not be construed as a waiver of any of these provisions, nor may you rely upon Eros Now’s response to a particular violation of this policy in your actions. You should not assume that Eros Now is even aware of violations of this Terms of Use agreement that you may find. A waiver of any term or condition of this Terms of Use agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.