Thank you for signing up for a subscription with Docubay Media Private Limited. (“Docubay”, “we” or “us”). By clicking “Accept” you accept the Terms and Conditions of using or accessing any Docubay Service or related services. If you are using a Docubay Service or related services on behalf of a company or other entity or as an individual, then “Customer” or “you” means that company or entity or that individual, and you are binding that entity to these Terms and Conditions. You represent and warrant that you have the legal power and authority to enter into these Terms and Conditions and that, if the Customer is an entity, these Terms and Conditions is entered into by an employee or agent with all necessary authority to bind that entity to these Terms and Conditions.
These Terms and Conditions are effective as of July, 2019
1. OVERVIEW OF THE DOCUBAY WEBSITE/PLATFORM.
2. DOCUBAY ACCOUNT, MEMBERSHIP PLANS AND CANCELLATIONS:
2.1 Passwords and Account Access. The member who created the Docubay account and whose Payment Method is charged (the "Account Owner") has access and control over the Docubay account and the Docubay ready devices that are used to access to Docubay Service and is responsible for any activity that occurs through the Docubay account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Docubay ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. Account Owner is responsible for updating and maintaining the accuracy of the information provide to Docubay relating to their account. Docubay can terminate your account or place your account on hold in order to protect you, Docubay or our partners from identity theft or other fraudulent activity.
2.2 Docubay membership will continue until terminated. To use the Docubay service you must have Internet access and a Docubay ready device, and provide Docubay with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through Customer’s account either with Docubay or with a third party. Unless Customer cancels their membership before the billing date, Customer authorizes us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
2.3 Docubay may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. Docubay is not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. Customer can find specific details regarding the Docubay membership by visiting Docubay website at the top of the pages of the Docubay website under “Membership” tag.
2.4 Docubay may provide Customer with a Docubay Service or Docubay Code for free or on a trial basis (a “Free Access Subscriptions”) at Docubay’s discretion. CUSTOMER AGREES THAT ANY FREE ACCESS SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SLA, OR INDEMNITY OBLIGATIONS OF ANY KIND. Docubay may terminate Customer’s right to use any Free Access Subscriptions at any time for any reason or no reason in Docubay’s sole discretion, without liability and the Customer understands and agrees that such Free Access Subscription is granted at the sole discretion of Docubay.
2.5 Billing and Cancellation
2.5.1 Billing Cycle. The membership fee for the Docubay service and any other charges Customer may incur in connection with Customer’s use of the Docubay Services, such as taxes and possible transaction fees, will be charged to Customer’s Payment Method on the specific billing date indicated in the Membership plan on the Docubay Website. The length of Customer’s billing cycle will depend on the type of subscription chosen when Customer sign-up for the Docubay Service. In some cases Customer’s payment date may change, for example if Customer’s Payment Method has not successfully settled or if Customer’s paid membership began on a day not contained in a given month.
2.5.2 Payment Methods. To use the Docubay service Customer must provide one or more Payment Methods. Customer authorize us to charge any Payment Method associated to Customer’s account in case Customer’s primary Payment Method is declined or no longer available to us for payment of Customer’s subscription fee. Customer remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and Customer do not cancel Customer’s account, Docubay may suspend Customer’s access to the Docubay Service until Docubay has successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge Customer certain fees, such as foreign transaction fees or other fees relating to the processing of Customer’s Payment Method. Local tax charges may vary depending on the Payment Method used.
2.5.3 Customer should be mindful of any communication requesting that Customer submit credit card or other account information. Providing such information in response to these types of communications can result in identity theft. Docubay reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity.
2.5.4 Cancellation. Customer can cancel Docubay membership at any time, and Customer will continue to have access to the Docubay service through the end of Customer’s billing period. To the extent permitted by the applicable law, payments are non-refundable and Docubay does not provide refunds or credits for any partial membership periods or unwatched Docubay content. If Customer cancels Docubay membership, Customer’s account will automatically close at the end of current billing period. If Customer signed up for Docubay using Customer’s account with a third party as a Payment Method and wish to cancel Customer’s Docubay membership, Customer may need to do so through such third party, for example by visiting Customer’s account with the applicable third party and turning off auto-renew, or unsubscribing from the Docubay service through that third party. Customer may also find billing information about Customer’s Docubay membership by visiting Customer’s account with the applicable third party.
2.5.5 Subscriptions that are on renewal basis will continue to be so unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal after identification of charges, the account will be charged for renewal within 24-hours prior to the end of the current period. No cancellation of the current subscription is allowed during active subscription period.
2.5.6 Changes to the Price and Membership Plans. Docubay may change Membership plans and the price of Docubay Service from time to time; however, any price changes or changes to Customer’s Membership plans will apply no earlier than 30 days following notice to Customer or as per the discretion of Docubay.
3. DOCUBAY SERVICES.
3.1 Subject to payment of fees under Membership Plans to rent or access Docubay Services, and Customer’s compliance with all terms of these Terms and Conditions, Docubay grants a non-exclusive, non-transferable, non-sub licensable, limited license, during the applicable Membership Plan, to access and view the Docubay Services in accordance with these Terms and Conditions, for personal, non-commercial, private use. Docubay may automatically remove Docubay Content from Docubay Ready Device after the end of the Membership. Docubay Services may change from time to time as per the discretion of Docubay.
3.2 Customer must be 18 years of age, or the age of majority in the province, territory or country of residence, to become a member of the Docubay Services. Minors may strictly access the Docubay Service under adult supervision. Docubay shall in no way be liable for unauthorized/ unsupervised access to the Docubay Services by the Customer.
3.3 Customer may permit its authorized users to use the Docubay Service, provided their use is for Customer’s benefit only and remains in compliance with these Terms and Conditions. Customer will be responsible and liable for all authorized users’ use and access and their compliance with these Terms and Conditions.
3.4 Due to technical and other restrictions imposed by content providers, the Docubay Services is available only in certain locations. The content offered under Docubay Services (including subtitled and dubbed audio versions of content) and how Docubay offers content to Customers will vary over time and by location. Docubay will use technologies to verify Customer’s geographic location. Customer may not use any technology or technique to obscure or disguise the location.
3.5 Explicit Content: By using the Docubay Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Docubay Service at your sole risk, and Docubay has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and Docubay does not guarantee their accuracy. Viewer discretion is advised for viewing the content available via Docubay Services. Customer acknowledges that it is aware of the laws of its territory regarding the any explicit content and agrees to abide by such laws and indemnifies Docubay against any/all claims that arise due to breach of any law in the Customer’s territory.
3.6 Customer must not (i) transfer, copy or display the content available through Docubay Services, except as permitted in this Terms and Conditions ; (ii) sell, rent, lease, distribute, or broadcast any right to the content ; (iii) remove any proprietary notices or labels on the content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Docubay Service; or (v) use the Service or Content for any commercial or illegal purpose.
3.7 The quality of the display of the Docubay Service may vary from device to device, and may be affected by a variety of factors, such as Customer’s location, the bandwidth available through and/or speed of Internet connection. HD, Ultra HD and HDR availability is subject to Customer’s Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all subscription plans allows Customer to receive content in all formats. Customer is responsible for all Internet access charges. Docubay software is developed by, or for, Docubay and is designed to enable viewing of content through Docubay ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. Customer acknowledge that the use of the service may require third party software that is subject to third party licenses. Customer agrees that he/she may automatically receive updated versions of the Docubay and related third-party software.
Docubay may terminate Customer’s access to Docubay Service, including any subscription available as part of the Docubay Service, at the sole discretion of Docubay without notice. If Customer violates any of the terms of these Terms and Conditions, Customer’s rights under these Terms and Conditions will automatically terminate without notice, and Docubay may, in its discretion, immediately revoke Customer’s access to the Docubay Service without refund of any fees.
5. WARRANTIES AND LIMITATIONS ON LIABILITY.
The Docubay service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence. Under no circumstance shall the liability of Docubay exceed the amount paid under Membership Plan.
6. CLASS ACTION WAIVER.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND DOCUBAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Docubay agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
7.2 Unsolicited Materials. Docubay does not accept unsolicited materials or ideas for Docubay content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Docubay.
7.6 Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
9. APP PERMISSIONS.
When Customer uses apps created by Docubay, such as the Docubay App, Customer may grant certain permissions to Docubay for their device. Most mobile devices provide Customer with information about these permissions.
10. ADDITIONAL DOCUBAY SOFTWARE TERMS.
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Docubay Services (the "Docubay Software").
10.2 You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Docubay Service; use any robot, spider, scraper or other automated means to access the Docubay Service; decompile,
10.5 Updates. We may offer automatic or manual updates to the Docubay Software at any time and without notice to you. You agree that you may automatically receive updated versions of the Docubay and related third-party software.
10.6 Conflicts. In the event of any conflict between these Conditions of Use and any other Docubay or third-party terms applicable to any portion of Docubay Software, such as open-source license terms, such other terms will control as to that portion of the Docubay Software and to the extent of the conflict.