Terms and Conditions
- Terms and Conditions
Eternity Creative Studios Terms and Conditions
Last Updated: October 26, 2021
Welcome to the terms and conditions ("Terms") for Eternity Creative Studios. These Terms are between you and Eternity Creative Studioss Private Limited and/or its affiliates ("Eternity Creative Studio" or "Us") and govern our respective rights and obligations. Please note that your use of the eternity.phando.com website and subscription to Eternity membership are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the eternity.phando.com website, all of which (as changed over time) are incorporated into these Terms. If you sign up for Eternity membership, you accept these terms, conditions, limitations and requirements.
Promotional Trial Memberships
We may sometimes offer trials or other promotional memberships to certain customers, which are subject to these Terms except as otherwise stated in the relevant promotional offers. Such trial or promotional memberships may be subject to conditions prescribed by Eternity Creative Studios. These relevant conditions and the term / tenure for such promotional memberships may be different from the Terms.
Some of such trials or promotional membership may be available to you only in the event Auto Renewal of your Eternity membership is enabled for your membership.
Eternity membership may be offered by Eternity Creative Studios for different terms and tenures. Presently, Eternity offers only one kind of membership as an inaugural offer. The key memberships are described as under:
Pay & Watch - DGR
In the Direct Global Release (DGR) segment, new and unreleased movies will be screened which will be Pay & Watch window. This segment will be open for non-subscribers too. With BUY or RENT option, any user can access the films in DGR segment. The ticket price for each movie may vary as per the agreement between the Film Producer and Eternity Creative Studios. The validity for RENT MOVIE will be 48 hours from ticket purchase and for BUY MOVIE will be for 30 days or as long as the movie is available on DGR.
Eternity membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on the membership fee.
Your Eternity membership will be renewed annually, (such renewal, "Auto Renewal"), if the payment method you have chosen for making payments towards your Eternity membership supports Auto Renewal. In cases where you select an eligible payment method, the payment of the membership fees will be on a recurring basis (such payments, "Recurring Payments") and you authorize us to collect the membership fee for the next membership terms.
In the event Recurring Payments is enabled for your Eternity membership, you agree to be bound by the 'Recurring Payments for Eternity Creative Studios - Terms & Conditions'.
You have the sole right to decide to cancel or disable the Auto Renewal of your Eternity membership either by contacting Eternity customer support or in the settings or preferences of your eternity.phando.com account.
If Auto Renewal of your Prime membership has been enabled your membership will renew automatically for a membership term one after the other, unless you expressly select to cancel or disable Auto Renewal or Recurring Payments for your Prime membership.
For the avoidance of doubts, it is clarified that once Auto Renewal has been enabled, monthly Prime memberships renew automatically on a monthly basis and annual Prime memberships renew automatically on an annual basis.
We reserve the right to accept or refuse membership in our discretion.
We may send you email and other communications related to Eternity Creative Studios and your Eternity membership (regardless of any settings or preferences related to your Eternity account).
You may not transfer or assign your Eternity membership or any Eternity Creative Studios benefits, except as allowed in these Terms.
From time to time, Eternity Creative Studios may choose in its sole discretion to add or remove Eternity membership benefits.
Your paid Eternity membership will be activated only on successful payment for Eternity membership made through the payment gateway. .
You may cancel your Paid Eternity membership any time by visiting Your Account and adjusting your membership settings. If you cancel the annual Prime membership within 3 business days of signing up for such paid Prime membership, we will issue a credit note to you and refund your full membership fee, provided that we may charge you (or withhold from your refund) the value of Prime benefits used by you and your account during this 3 business day period by issuing a partial credit note to you.
For the avoidance of doubt, the cancellation and refund process provided under this section, shall apply to you irrespective of whether Auto Renewal or Recurring Payments has been enabled for your Eternity membership or not.
We may in our discretion change these Terms, without notice to you. If any change to these 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 or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Termination by Us
We may terminate your Eternity membership at our discretion without notice. If we do so, we will issue a credit note to you and give a prorated refund based on the remaining term of your then membership term. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Eternity membership, or is harmful to our interests or another user. It is clarified that if the Auto Renewal of your Eternity membership is enabled, you will be provided a refund (in accordance with these Terms) only for such membership term for which you have been charged. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN CONDITIONS OF USE AND SALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO Eternity. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR Eternity MEMBERSHIP.
Eternity Creative Studios OFFER TERMS AND CONDITIONS
1. This is a limited time promotional offer ("Offer") made available on www.eternity.phando.com and the corresponding mobile site and mobile application thereof (collectively, "Eternity Creative Studios") by Eternity Creative Studioss Private Limited.
2. This Offer is valid from October 26, 2021 00:00 Hrs. Eternity may at its sole discretion revoke the Offer without any prior notice and without any liability.
3. During the Offer Period, any customer on Eternity will be eligible to purchase the Eternity Creative Studios membership at the offer price provided below:
4. All applicable taxes and levies payable on the purchase of Eternity Creative Studios membership, including without limitation sales tax, service tax, goods and services tax etc., shall be payable by the customer purchasing the Eternity Creative Studios membership.
5. Eternity reserves the absolute right to withdraw and/or alter any of the terms and conditions of the Offer at any time without prior notice, and reserves the right to remove / withdraw this Offer from at any time and without any prior notice.
6. In the event a customer fails to comply with any of these Offer Terms and/or the Eternity Terms, customer will not be eligible to receive or avail the Eternity Creative Studios membership at the offer price under this Offer.
7. Any queries in relation to the Offer shall be addressed to Eternity Creative Studios.
8. The customer is not bound in any manner to participate in or avail the Offer. This Offer is being made purely on a "best effort" basis and participating in or availing the Offer is voluntary.
9. Neither Eternity nor any of its affiliates make any warranty of any kind, express or implied in relation to this Offer (including, without limitation with respect to the status, fulfillment of the benefits).
10. Eternity reserves the right to disqualify any customer from the benefits of the Offer, at its sole discretion, if it identifies any fraudulent activity being carried out for the purpose of availing the benefits under the Offer or for any reason whatsoever.
11. These Offer Terms are governed by the laws of India. Any disputes arising out of and in connection with this Offer shall be subject to the exclusive jurisdiction of the courts of Bangalore only.