Welcome to Koimoi!
You must carefully read and understand these terms and conditions before
downloading, installing and using the Koimoi website, mobile or desktop application
[Google Play Store and Apple App Store] (“Platform”), which is owned and operated
by M/s Contests2win.com India Private Limited (“Koimoi”), having its registered
office at 51-A Film Centre, 68 Tardeo Road, Mumbai, Maharashtra – 400034
(“Koimoi”, “We”, and “Us”). For the purpose of these terms and conditions, any
reference to Koimoi shall include its affiliates, parent company, and sister concerns.
Your use and access of the Platform is governed by these terms and conditions
(“Terms”) as well as the Privacy Policy, the User Agreement and all associated
terms/policies, along with applicable laws and regulations, irrespective of whether
you are a registered user or a visitor (which means that you simply browse the
platform without limitation, through a mobile or other wireless device, or otherwise
use the Platform without being registered). The terminologies “You”, “Your”, “User”
And “Users” shall be read in context and shall refer to you. By using or accessing or
downloading the Platform to view content by You, You agree to be bound by these
Terms. By accessing or using our website, app, or social media channels, You agree
to be bound by these Terms of Use.
In case You access the Platform on behalf of an organization, company or branch of
government, You represent and warrant that You have the authority to legally bind
Your company or organization and Your company or organization agrees to be
bound by the obligations and restrictions of these terms. Any and all references
herein to ‘You’ or ‘Your’ will include Your company or organization.
If You do not agree to the Terms or do not have the authority to bind Your
organization or company to these Terms, then do not access, avail, download or use
the Platform.
It is understood that these Terms and conditions enumerated below shall constitute
an agreement between You and Koimoi.
1. Acceptance of Terms of Use
This is a legally binding agreement, and you should read it carefully. By
accessing or using our website, app, or social media channels, You agree to
be bound by these Terms of Use. If You do not agree to these Terms of Use,
You should not use our website, app, or social media channels. Use of the
Services is void where prohibited.
2. About the Platform
Koimoi is a website providing entertainment news, box-office reports and film
reviews (“Content”) via its website as well as its mobile and desktop
application or software technology (“Platform”) that allows You to view, access
and share the Content.
3. Eligibility
Use and access to the Platform is available to all persons who may be legally
bound by contract and who are not disqualified or declared incompetent under
the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18
years, You may not register as a User of the Platform and must not access or
use the Platform. As a minor if You wish to access or use the Platform, such
access or use may be made by Your legal guardian or parents on the
Platform. KoiMoi reserves the right to terminate such use and/ or refuse to
provide You with access to the Platform if it is brought to Koimoi’s notice or if
it is discovered that You are under the age of 18 years.
4. Scope of Terms of Use
These Terms of Use apply to Your use of our website, app, and social media
channels, including any Content, services, or features offered on or through
our Platforms.
5. Term and Termination
These Terms, and any posted revision, shall remain in full force and effect
while you use the Platform and certain provisions may continue to apply even
after termination. You may terminate this Agreement by uninstalling, deleting,
discontinuing use of the Platform at any time, for any reason. Koimoi may
terminate this Agreement by deleting Your account or profile without assigning
any reasons whatsoever. On termination of this Agreement, all of Your profile
Content and other information may be deleted. However, certain details are
maintained with us for archival and legal purposes. Koimoi reserves the right
to change these Terms from time to time. If You do not agree to any such
changes, You have the discretion to discontinue from accessing, availing or
using the Platform. Continued access or use of the Platform following notice
of any such changes will indicate Your acknowledgement of such changes
and You will be bound by such revised Terms.
6. Communications
When You use the Platform, You agree and understand that You are
communicating with Koimoi through electronic records and You consent to
receive communications via electronic records from Koimoi periodically and
as and when required. Koimoi may communicate with You by email provided
by You in Your communications or at the time of registration or by any other
mode of communication, electronic or otherwise.
7. Intellectual Property
a. The Content on our website, app, and social media channels,
including, but not limited to, text, images, software, and audio, is
protected by copyright and other intellectual property laws. You may
not copy, reproduce, distribute, modify, create derivative works from, or
display any of the content on our Platform without our prior written
permission.
b. The copyright, trademark, patent or other intellectual property rights in
the Platform (including, without limitation, all designs, logos, names,
text code, processes, data, information links) are owned by Koimoi or
the respective third-party entities as identified in the Platform. No
license or right is granted and Your use of and/or the Platform therein
shall not constitute by implication, estoppel or otherwise, any license or
right of use. As such, You shall not reproduce, transmit, republish,
post, perform, broadcast, adapt, parody, distribute, display, license
and/or alter in whole or in part any of the foregoing in any manner
without the express permission from Koimoi.
8. Proprietary Rights in Content
You acknowledge and concede that the Content accessible on the Platform is
the property of the Koimoi and You are not permitted to distribute,
download/use/access, transmit, republish, display, sell, license or otherwise
communicate the Content to the public in any manner except via the features
provided in the Platform.
9. Activity Prohibited
a. You agree, undertake and confirm that Your use of the Platform shall
be strictly governed by, including but not limited to the following:
i. You shall not illegally download/save the Content accessed
through the Platform at any given time, or circumvent any
technological measures employed by Koimoi to prevent
unauthorised access to or copying of Content or any part of the
Platform.
ii. You shall not alter or modify any part of the Platform and/or use
the Platform for any illegal purpose.
iii. You shall not reformat or frame any portion of any web
page that is part of the Platform.
iv. You shall not collect or harvest or attempt to collect
personal data, or any other kind of information about other
users, including without limitation, through spidering or any form
of scraping.
v. You shall not resell or commercially use the Platform or
any of its Content, or download or copy account information for
the benefit of Yourself or any third-party. The Platform is for
personal use only and may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any
commercial purpose.
vi. You shall not alter or remove, attempt to alter or remove
any trademark, copyright or other proprietary or legal notices
contained in, or appearing on, the Platform or on any Content
appearing on the Platform. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary
information (including images, content, music, text, page layout,
or form) of Koimoi and our affiliates. You may not use any meta-
tags or any other “hidden text” utilizing Koimoi’s name or
trademarks without the express written consent of Koimoi. Any
unauthorized use terminates the permission or license granted
by Koimoi. You may not use any Koimoi logo or other
proprietary graphic or trademark as part of the link without
Koimoi’s advance express written permission.
vii. You shall not employ scraping or similar techniques to
aggregate, repurpose, adapt, copy, republish, make available or
otherwise communicate to the public, display, perform, transfer,
share, distribute or otherwise use or exploit the Content except
via the features provided in the Platform.
viii. You shall not, permit any third party to, copy or adapt the
object code of the Platform, or reverse engineer, reverse
assemble, decompile, modify or attempt to discover any source
or object code of any part of the Platform, or circumvent or
attempt to circumvent or copy any copy protection mechanism
or access any rights management information pertaining to the
Content or Platform.
ix. You shall not stalk, exploit, threaten, abuse or otherwise
harass any Koimoi employee.
x. You shall not violate, circumvent or attempt to violate or
circumvent any data security measures employed by Koimoi;
access or attempt to access data or materials which are not
intended for Your use; log into, or attempt to log into, an account
which You are not authorized to access; attempt to scan or test
the vulnerability of Koimoi’s server, system or network or
attempt to breach Koimoi’s data security or authentication
procedures; attempt to interfere with the Platform by any means
including, without limitation, hacking Koimoi’s servers or
systems, submitting a virus, overloading, mail-bombing or
crashing.
xi. You shall not use any robot, spider, offline readers, site
search and/or retrieval application, or other device to retrieve or
index any portion of the Platform, with the exception of public
search engines; use any robot, spider, scraper or other
automated means to access, analyze or copy the Platform
and/or information (whether our information or other User’s
information).
xii. You shall at all times ensure full compliance with the
applicable provisions of the Information Technology Act, 2000
and rules there under as applicable and as amended from time
to time and also all applicable Domestic laws, rules and
regulations (including the provisions of any applicable Exchange
Control Laws or Regulations in Force) and International Laws,
Foreign Exchange Laws, Statutes, Ordinances and Regulations.
xiii. You agree to comply with the above conditions and
acknowledge that Koimoi has the right, in its sole discretion, to
terminate Your access or take action as in our sole discretion, is
necessary if You breach any of the above conditions or any of
the other provisions of this Terms.
xiv. You understand that Koimoi has the right at all times to
disclose any information (including the identity of the persons
providing information or materials on the Platform) as necessary
to satisfy any law, regulation or valid governmental request. This
may include, without limitation, disclosure of the information in
connection with an investigation of alleged illegal activity or
solicitation of illegal activity or in response to a lawful court
order. In addition, Koimoi may (and You hereby expressly
authorize Koimoi to) disclose any information about You to law
enforcement or other government officials, as Koimoi, in its sole
discretion believes necessary or appropriate in connection with
the investigation and/or resolution of possible crimes, especially
those that may involve personal injury.
10. Third Party Content
a. The Platform may provide access to third-party websites that are not
owned or controlled by Koimoi. Koimoi is not responsible for any third-
party Content, applications, services, advertisements, and/or links that
may be contained in the Platforms.
b. The Platform may provide access to third-party games, quizzes, and
other such activities requiring skill, for which prizes may be awarded by
the concerned third-party. Koimoi does not own or control these third-
party games or other activities, and does not control or undertake any
liability for declaring results or awarding prizes.
c. You shall not copy reproduce, republish, upload, post, publicly display,
encode, translate, transmit, download or distribute the Platform or any
Content in any way (including “mirroring”) to any other computer,
server, website or other medium for publication or distribution or for any
commercial enterprise. Koimoi shall have all the rights to take
necessary action and claim damages in case of any violation. Such
action may also involve terminating Your permission to use the
Platform by removing Your access to Platforms.
d. You may use general information about the Platform expressly
permitted, provided that You:
i. do not remove any proprietary notice language in all copies of
such documents;
ii. use such Content only for Your personal, non-commercial
informational purpose unless agreed otherwise through an
agreement and do not copy or post such Content on any
networked computer or broadcast it in any media;
iii. make no modifications to any such Content; and
iv. do not make any additional representations or warranties
relating to such documents.
11. The following terms are applicable to Content made available through
YouTube API Services.
a. Content accessed and made available on the Platform through the
YouTube API Services has been auto-aggregated using the API
Services, and Koimoi is not in any manner involved in the
creation, editing or selection of the Content. If you view or click
on such Content, You acknowledge and understand clicking on
the content will redirect You to the original publisher’s YouTube
channel/page. Except where specifically authorised, You are
restricted from modifying, copying, reproducing, republishing,
uploading, posting, transmitting or distributing in any way any
Content from YouTube displayed on this site including code and
software.
b. You agree that, if you view or click on YouTube Content available
on the Platform, You agree to the terms of the following: Koimoi
User Agreement, Koimoi Privacy Policy, Google Privacy Policy,
YouTube Terms of Service.
c. You agree that the external links provided along with the YouTube
generated Content do not constitute an endorsement or approval
by Koimoi of any such Content or the original publisher, including
but not limited to a corporation or organization or individual.
Koimoi bears no responsibility or liability for the Content or
legality of the YouTube channel or page or for that of subsequent
links. Please contact YouTube directly for any queries or
complaints regarding its Content.
12. Privacy
In accordance with applicable laws, Koimoi may collect some of Your
personal information and data while accessing, availing and/or using the
Platform. Such information collected is only attributed to the functionality of
the Platform and for no other purpose whatsoever. You may read Koimoi’s
Privacy Policy by visiting the following link: https://www.koimoi.com/privacy-
policy/
13. Disclaimer of Warranties
a. THE PLATFORM, ITS FEATURES AND CONTENT ARE PROVIDED
“AS IS” AND “AS AVAILABLE”, AND “WITH ALL FAULTS”.
b. Your correspondence or business dealings with, or participation in
promotions of, advertisers or activity providers found on or through the
Platform, including payment and delivery of related products or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between You
and such advertiser or activity provider. Koimoi 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 advertisers or
activity providers on the Platform.
c. You must note that Koimoi has the absolute right to take necessary
action and claim damages that may occur due to Your
involvement/participation in any way on Your own or through group/s of
people, intentionally or unintentionally in DoS/DDoS (Distributed Denial
of Services).
14. No Liability
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL KOIMOI OR ITS AFFILIATES BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF
PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF
GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE,
AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO
THE USE OR INABILITY TO USE THE PLATFORM AND ANY LOSS
OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF
GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL
OF KOIMOI OR ITS AFFILIATES.
b. KOIMOI OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY
DIRECT OR INDIRECT DAMAGE FOR ANY DATA PROVIDED BY
THE User OR ANY VIOLATION OF THIRD-PARTY RIGHTS OF
WHATSOEVER NATURE, ARISING OUT OF OR IN ANY MANNER
RELATED TO THE USE OR INABILITY TO USE THE PLATFORM.
15. Indemnity
You hereby agree to indemnify, defend and hold Koimoi and its affiliates and
their officers, directors and employees, harmless from and against any and all
damages, liabilities, costs and expenses, including attorney’s fees and
expenses, arising out of, incident to, or resulting directly or indirectly from
Your use of the Platform in a manner inconsistent with this Terms.
Notwithstanding its reasonable efforts, Koimoi and its affiliates do not take any
responsibility or claim control over the Content accessible through the
Platform.
16. Law, Jurisdiction and Arbitration
a. The construction of these Terms shall be determined in accordance
with laws and rules in force in India and shall be subject to the
exclusive jurisdiction of the Courts in Bombay and no other court.
b. All disputes arising under or in relation to this Terms shall be referred
to arbitration before a sole arbitrator. If the Parties fail to agree on the
appointment of a sole arbitrator within the time stipulated under the
[Indian] Arbitration and Conciliation Act, 1996 (the “Act”) the Parties
shall approach the competent Court under the Act for appointment of
the Sole Arbitrator. The Arbitration proceedings shall be carried out in
accordance with the Act and the Rules framed there under and the
place of Arbitration shall be Bangalore. The arbitration proceedings
shall be conducted in English. The arbitrator’s award shall be final and
undisputable by both Parties.
17. Severability
If any provision in the Terms become invalid or illegal or adjudged
unenforceable, the provision shall be deemed to have been severed from the
Terms and the remaining provisions of the Terms shall not, so far as possible,
be affected by the severance.
18. Waiver
The failure of Koimoi to enforce at any time any of the provisions of this Terms
shall not be construed to be a waiver of its right, power, privilege or remedy or
as a waiver of any preceding or succeeding breach on Your part to this Terms
nor shall any single or partial exercise of any right power privilege or remedy
preclude any other or further exercise of such or any other right power
privilege or remedy provided in this Terms all of which are several and
cumulative and are not exclusive of each other or of any other rights or
remedies otherwise available to Koimoi at law or in equity.
19. Force Majeure and Act of Third Parties
The performance of any part of this Agreement/Terms and Conditions/Policies
by Koimoi and its affiliates shall be excused on account of force majeure
events (including but not limited to act of god, public enemy, epidemics
declared as pandemics, revolt, strikes, riot, terrorist attack, fire, flood, war,
typhoon and any regulation of the government or order of any competent
statutory or judicial authority or of any government), or any other cause
beyond the reasonable control of Koimoi, or act of any third party beyond the
control of Koimoi including but not limited to hacking, data theft, unauthorised
access to Platform, impersonation, fraud, misrepresentation and so on.
20. Modification
Koimoi may update, modify, suspend, discontinue or change any part of these
Terms from time to time. The revised Terms will be posted as notification here
on this link <Add link>. Users are encouraged to periodically check this page
to stay informed about changes to the Terms. The revised Terms will be
effective from the date stated on the revised Terms. You acknowledge and
agree that it is Your responsibility to review these Terms periodically and
become aware of modifications. If You disagree to any of the changes to the
Terms, please refrain from accessing or using the Platform. Your continued
access or use or availing of the Platform following the posting of revised
Terms will indicate Your acceptance and acknowledgement of the changes
and You will be bound by it.
21. Survival
These Terms, and any modifications, alterations or amendments to, shall
remain in full force and effect while You use the Platform and the provisions
related to Intellectual Property, Representations and Warranties, Liability,
Indemnity, and all other provisions which by their nature survive the
termination of the Agreement shall continue to apply even after termination of
this Agreement.
22. Notices and Take Down Policy
You must note that by accessing and using the Platform, You agree, accept
and acknowledge that Koimoi is not liable for any claims arising out Your use
or access of Content or advertisements accessible through the Platform.
Koimoi reserves right in its sole discretion to remove and/or disable access to
Content claimed to infringe third-party rights and/or infringe upon intellectual
property or other rights of Koimoi and/or other third-parties. All notices to
Koimoi hereunder shall be in writing and shall be duly given if delivered
personally or sent by registered mail, return receipt requested, or facsimile to
the following Address or emailed to the following email id:
management@koimoi.com.
www.koimoi.com
M/s Contests2win.com India Private Limited
No. 2, 1st Main, 1st Block,
Koramangala, Jakkasandra Extension.
Bangalore, Karnataka 560034
Grievance Email ID: management@koimoi.com
Takedown requests may also be made by writing to us at
management@koimoi.com with relevant supporting facts.
This document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a computer system and does not
require any physical or digital signatures.
This document is published in accordance with the provisions of the Information
Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
that require publishing the rules and regulations, Privacy Policy and Terms for
access or usage of the Platform.
By using the website content, by reading or subscribing to the content, by reacting or
sharing on social media and clicking “I Agree” wherever applicable , You”Your”,
“User” And “Users” accept that you have read and understood the Terms and
Conditions and YOU hereby, out of my free will, unconditionally accept to be bound
by the same.
KOIMOI.COM Disclaimer
Koimoi maintains www.koimoi.com (hereinafter “Website”) to create and provide
access to news, current affairs and other information related to the entertainment
industry. This service is provided to you (“You” or “Your”) on an “As Is” basis and is
continually under development. Please read this Disclaimer along with the Koimoi’s
Terms of use : https://www.koimoi.com/terms-conditions/ and Privacy policy
Koimoi perseveres to ensure that the information provided on the Website is correct
and updated. Koimoi and its affiliates (hereinafter altogether referred to as “Koimoi”)
do not make any representations or warranties of any kind, express or implied, about
the completeness, accuracy, timeliness, functionality, authenticity, reliability,
suitability or availability with respect to the Website or the information, products,
services, or related graphics contained on the Website for any purpose.
Koimoi also does not make any warranty that the Website will be uninterrupted or
error free or as to the results that may be obtained from use of the Website or the
information contained therein. Any reliance You place on such
information/service/products/ graphics and/or the Website is therefore purely and
strictly at Your own risk and consequences.
In no event will Koimoi, be liable for any loss or damage, including without limitation,
direct, indirect, incidental, special, consequential or punitive loss or damages or any
loss or damage whatsoever arising out of the use of or inability to use the Website or
any service contained therein.
Through this Website You may be able to link to other websites which are not under
Koimoi’s control. We have no control over the nature, content and availability of
those sites or the services/products provided, and therefore we take no responsibility
or accept no liability for any loss or damage arising from Your use of the
services/products offered by Koimoi. We encourage You to exercise caution and
conduct Your own research before interacting with any linked websites.
We encourage a diverse range of voices and perspectives on the Website by
featuring contributions from third-party authors. While we appreciate their insights
and expertise, it is important to note that the views expressed in their articles do not
necessarily reflect the official position of the Website. We strive to maintain editorial
oversight and ensure factual accuracy, but disclaim any responsibility for the content.
We encourage You to engage critically with all content and form Your own informed
opinions. The inclusion of any links does not necessarily imply a recommendation or
endorse the views expressed within them.