Our Services
We provide online on demand films, videos, audios and video/audio hosting, sharing and related services through our owned-and-operated websites, including ABCTalkies.com, our branded applications for mobile and connected devices (collectively, the “services”). Video/Audios and other entertainment material hosted on our services are collectively referred to as “Contents”.
Applicable Terms
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
By accepting this Agreement, you affirm that you are 18 years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are below 18 years of age, you must have Permission by Parents or Guardian as provided below.
Permission by Parent or Guardian
If you are considered a minor in your country, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
Payment, Refund and Cancellation Policy
Payment:
Payments are accepted only through payment options provided at the website of ABC Talkies. Prices for any Paid Service may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Paid Service that you order. Payment shall deemed received only when same is confirmed by our bank or payment gateway service provider (collectively referred to as our payment system) and same will reflect in payment section of your account on our services. There are many factors which may result in payment processed by you not being credited to our payment system which may include . In case of any issue you should contact your bank or you may write to us too on contact@abctalkies.com.
Taxes:
Taxes mean any duties, statutory levies, withholding taxes, indirect taxes or any other taxes associated with the subscription of any Paid Service, including any related penalties or interest. You are responsible for any Taxes and must pay for Paid Service without any reduction for Taxes.
If we are obligated to collect or pay Taxes in connection with the Paid Services, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your subscription of Paid Services.
Refunds:
You can cancel your purchase and receive a refund if you have not commenced using the relevant Paid Service ordered. For rented movie which is available to you for 48 hours of unlimited viewing you can cancel the purchase within 15 min of purchase provided you have not started watching the movie. For any paid subscription for a duration upto one month, you can cancel the subscription within 24 hours of purchase provided you have not started watching the contents under your subscription. For any paid subscription for a duration more than one month, you can cancel the subscription within 48 hours of purchase provided you have not started watching the contents under your subscription. Please note that if your order includes a free trial (as described below), the cancellation period for requesting a refund begins at the beginning of the free trial, not when you are subsequently billed for the Paid Service. Requests for refunds must be directed to our customer support team by writing to contact@abctalkies.com. We reserve the right to approve or deny refund requests. Refund request submitted shall be processed within 15-25 days post verification of details submitted by you. Refund shall be made only to the account through which payment was made to us and under no circumstances refunds shall be made in any other mode.
Subscription Cancellations:
If you purchase a subscription to a Paid Service that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain the access to the Paid Service from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period.
Free Trials:
We may offer free trials to new Paid Service subscribers. If you purchase a subscription to a Paid Service that includes a free trial, you will receive such Paid Service free for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.
ABOUT THIS AGREEMENT
Force Majeure
ABC Talkies shall not be deemed in default for any delay or failure to fulfill any obligation hereunder or provide any services or process the refund so long as and to the extent to which any delay or failure in the fulfilment of such obligation is prevented, frustrated, hindered, or delayed as a consequence of circumstances of a Force Majeure event. The term Force Majeure shall be understood to mean and include any event beyond the control of ABC Talkies including, acts of God, acts of civil or military authority, Server failure, internet failure, major power breakdown, embargoes, epidemics, pandemics, war, riots, insurrections, fires, explosions, earthquakes, hurricanes, blizzards, floods, terrorism, sudden and unusually extreme weather conditions, and/or organized labor problems.
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. ABC Talkies will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them except that, where legally permitted, modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
No Waiver.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
Governing Law
Indian law will govern all disputes arising out of or relating to these terms or the Service, regardless of conflict of laws rules. These disputes will be resolved exclusively in the Courts at Gurgaon, Haryana, and you and ABC Talkies consent to personal jurisdiction in those courts.
Arbitration
All disputes, claims, suits and actions arising out of this Agreement or its validity will be finally decided in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The venue for arbitration shall be at Gurgaon, Haryana, India. To settle the dispute arising under this agreement, the dispute shall be referred to a sole arbitrator to be appointed with the consent of both parties. The language of arbitration shall be in English. The award of the tribunal shall be final.
Effective as of February 22, 2021
