General
Cimarron Lifecare Services Private Limited, a company incorporated and registered in India whose registered office is at JJJ I-Tech Pvt. Ltd., No. 11 (407/52),
28th Cross, 11th Main Road, Jayanagar, Bengaluru Karnataka 560011, owns and operates a spoken word audio service brand called
‘Dasubhashitam’ (“Service”).This is an agreement between you and Cimarron Lifecare Services Pvt. Ltd. (with its affiliates,
“company”, "we" or "us") regarding the Service. These Terms of Use, the Privacy
Policy, and to the extent applicable, the
Terms & Conditions for Recurring Payments (all as they may be changed over time) are collectively referred to as the
"Terms", form part of this agreement, and govern your use of the Service.
By signing up for or using the Service, you agree to the Terms.Your Account
If you do not have a Dasubhashitam account, you will need to create one to use the Service.
Subscription Plans
General
As part of our Service, we may offer subscription plans and may change them and their features from time to time. If you sign up for a subscription plan, you agree to the terms, conditions and limitations associated with them that are posted on our website(s) or applications.
Purchased Content
Content you purchase will be available in your Dasubhashitam account for you to access at your convenience. If you download a copy of your purchased content into the App via the method provided, you will be able to listen to it offline as well.
Promotional and Subscription Content
We may make content available to you from time to time through the Service for which a purchase is not required. You will have access to this content only for so long as we make it available generally or, where it is provided as a benefit of a subscription plan, for so long as you remain an active subscriber of your plan in good standing. We may also remove this content from your account, devices and applications or otherwise restrict your ability to access it.
Content Availability
We may add or remove purchasable, promotional and subscription content (collectively, "Content") from our catalog, subscription plans and our Service at any time and make no guarantee as to the availability of specific Content in any subscription plan or as to any minimum amount of Content in any subscription plan. Some of our Content may be offered in limited territories, and we may use geo filtering technology to restrict access outside of those territories.
Fees and Renewal
Fees for purchasable content, subscription plans, and other services will be stated at the time of your purchase or an action in the Service, as applicable. The fees for purchasable content and subscription plans may vary (depending on the country you are located in) or change at any time. We use native billing platforms of Google and Apple (
“third party”) to collect fees. The available payment methods are restricted to those offered by the third party.Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in the Terms.If you sign up for an auto-renewing subscription plan, your Dasubhashitam subscription will automatically renew at the end of each period and the third party through which you transact will charge you the subscription fees at the time of renewal (“
Recurring Payments”). By signing up for an auto-renewing plan you authorize the third party to collect the subscription fee for the next subscription period and agree to any terms of the third party.You may disable automatic renewal of your Dasubhashitam subscription. For information on how to cancel the subscription, please refer to
this page if you signed up for your Dasubhashitam subscription using the Dasubhashitam iOS mobile application, or
this page if you signed up using an Android device. Dasubhashitam subscription only becomes effective upon successful authorization of payment or successfully enabling Recurring Payments. If the payment methods provided by you are declined for payment of your subscription or subscription fees or you do not have a valid payment method on file with the third party on your renewal date, we may at our option, limit access to non-purchased content and subscription benefits and/or cancel your subscription or subscription, as applicable, unless you provide us with a valid proof of payment. If you provide us with a valid proof of payment or are successfully charged before your subscription or subscription is canceled, your new subscription or subscription period will be based on the original renewal date and not the date of the successful charge.
Subscription Modification, Cancellation, & Refunds
You may upgrade or downgrade your subscription by visiting the Subscription page in the App. Access to respective features and content will be adjusted automatically.
You may cancel your subscription plan by visiting the Google Play Store or Apple App Store.
If you cancel your subscription or subscription, you will not receive a refund of any fees already paid. When you cancel your subscription, your member benefits terminate after your current active subscription period ends.
Service Restrictions
We reserve the right to accept or refuse subscription or to restrict use of the Service in our discretion. You may not transfer or assign your subscription or any Service benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Service at any one time. Further, we reserve the right to change our offerings. In such a case, we may provide alternative plans. The company’s decision will be final in these situations.
Content Restrictions
With respect to purchased content and under some subscription plans, you may be allowed to download content into the Service to access it offline. This content is accessible only via the Service. You also need to have an active account (in case of purchased content) and an active subscription (in case when a download feature is made available as part of a subscription plan).You may not (i) transfer, copy or display Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any Content; (iii) remove any proprietary notices or labels on Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to Content or used as part of the Service; or (v) use the Service or Content for any commercial or illegal purpose.
Promotional Trial subscriptions
We sometimes offer certain customers various trial or other promotional subscriptions, which are subject to the Terms except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial members may, at any time (through your Account Details), choose not to continue to pay for subscription by canceling prior to the end of the trial period. If a trial offer or a promotion requires you to have a valid payment instrument on file of the third party, such as a credit card or other permitted payment method, the third party may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If the third party determines that your payment instrument is invalid, without limiting any of our other rights, we may revoke any benefits, Credits or Content you may have received as part of the offer.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your intellectual property rights have been infringed, please write to
legal@dasubashitam.comAgreement Changes
We may in our discretion change the Terms and all elements of them and any aspect of the Service at any time. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel your subscription.
Termination by Us
Our business may change over time and we reserve the right to cancel the Service and any subscription plan in whole or in part, and to terminate your subscription and use of the Service at our discretion. If we do so, we will give you a prorated refund based on the number of days remaining in your subscription or some other alternative, unless we terminate your subscription for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Service, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.
Governing law; Disputes; Limitation of Liability
These terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bengaluru.
Any dispute arising out of or in connection with these terms including any question regarding its existence, validity, shall, so far as is possible, be settled amicably by the company and you (collectively referred to as “parties”, and severally as “party”).In order to commence the settlement process a party shall issue a notice of dispute to the other parties (“Dispute Notice”). Such notices can be sent to us at legal@dasubhashitam.com If the Parties have failed to reach an amicable settlement within a period of thirty (30) days from the date of issue of the Dispute Notice, the dispute, difference or claim mentioned in the Dispute Notice shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996.The number of arbitrators shall be one and the same will be jointly appointed by the Parties and the place of arbitration shall be Bengaluru, India.
Our total liability to you under the Terms will not exceed the total amount you have paid us in the twelve months prior to the claim.
Disclaimer
All rights to the content provided through or displayed on the service vest with the company unless specifically stated to the contrary on the service. While we have taken precautions to avoid inaccuracies in content, the service is provided without warranty of any kind. We do not implicitly or explicitly support or endorse any content in the service. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, safety, or legality of the content in the Service.
You acknowledge and undertake that you are accessing the service and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the service. You further acknowledge and undertake that you will use the service for your personal use and not for business purposes.
Shipping & Exchange
Since we offer access to content via a digital App, shipping and exchange doesn't apply.