Terms of Use

Welcome to the TVNXT platform (“Platform”). The Platform is owned and operated by TVNXT, whose registered office is located at 8-2-268/K/7&8, Ground Floor Sagar Society Road No.2, Banjara Hills, Hyderabad, Telangana – 500034.

For the purpose of these Terms of Use (“Terms of Use”), “We”, “Us”, “Our” and “MEL” means TVNXT and “You”, “Your” or “User” means any person who accesses or uses the Platform or Our Services.

This Terms of Use is a legal and binding agreement between You and MEL and governs Your use of, and access to, the Platform, its Content and Our Services.

This document is made in pursuance of the Information Technology Act, 2000 and associated rules and is an electronic record generated by a computer system. It does not require any physical or digital signature for the purpose of acceptance.

By accessing or using the Platform, You agree to be bound by these Terms of Use and Our other policies made available on the Platform, including but not limited to the Privacy Policy and the Cookie Policy (“Policies”). Please read the Terms of Use and Our other Policies before using and accessing our pplatform. Use and access of Platform shall not be allowed on disagreement of  Terms of Use or any of Our Policies by the user.

Your acceptance of these Terms of Use implies that You have the capacity to enter into a legally binding contract as per applicable law of the jurisdiction in which you are accessing the Platform.

Please review these Terms of Use from time to time. We shall reserve the right to amend and/or modify all or any of the Terms of Use at Our sole discretion without any notice. These amendments and/or modifications shall become effective immediately upon being published on the Platform. Your continued use of the Platform and the Services following any such amendment and/or modification indicates Your acceptance of the same.

Our Service

Our Services on the Platform allows You to:

  • browse, access, search, stream and/or view offline: (a) serials, programmes; (b) cinematographic films; (c) audio and audio-visual songs; (d) trailers; (e) photographs; (f) synopsis of serials, programmes, and cinematographic films; (g) schedules of programmes on various television channels; and (h) television channels (collectively referred to as “Content”);
  • share links to Our Content on third party social media platforms;
  • share Your reviews and Comments on the Content on third party social media platforms;
  • participate in contests;

(collectively, referred to as “Services”).

Our Services are only available through certain platforms, software and devices which are as notified by MEL from time to time on the Platform (“Compatible Devices”). You acknowledge that these Compatible Devices may be maintained and controlled by third party providers and therefore, platforms, software and/or devices that qualify at present as Compatible Devices may cease to be Compatible Devices in the future. Should Your platform, software and/or device cease to be compatible, You agree that it is Your sole responsibility to procure a Compatible Device to be able to continue using Our Services and we shall not carry any liability for the same. Use of third party Compatible Devices by you shall be governed by the terms and conditions of such third parties.

By Agreeing To Use Our Services:

  • You agree that You are eighteen (18) years of age or above, or the age of majority in the jurisdiction from where You are accessing the Platform. In case of Minors, they may use the Services only under the supervision of an adult. You as a parent/legal guardian may access the Services through Your Account to enable Your minor children/wards to access Our Services. You agree that You are solely responsible for the acts and/or omissions of Your children/wards with respect to access to Our Platform or for any breach of these Terms of Use by Your minor children/wards it shall be considered as a breach committed by You. You agree that certain Content offered on the Platform may not be suitable for Users below the age of majority and You confirm that any such Content viewed by Your minor children/wards shall only be with Your prior consent. Parents/legal guardians are strictly advised to exercise discretion before permitting their minor children/wards to access the Platform;
  • Our Services are designed to be compliant with the laws of India and are certified for audience in India. However, Our Services may be made available in jurisdictions outside India at Our sole discretion. If You access Our Services from locations outside India, You agree and acknowledge that You do so at Your own risk and You are solely liable for compliance with applicable local laws. We strongly advise You to exercise viewer discretion and confirm the suitability of the Content in Your jurisdiction before You access such Content. MEL is not liable for any loss or damage arising out of Your use of Our Services;
  • You warrant that all information provided by You on the Platform is true, complete, current and accurate;
  • You warrant that should Your information change at any time during Your use of the Platform, You shall update Your information to ensure it remains true, current, complete and accurate at all the times;
  • You agree that the availability of Our Services and/or Content and Your ability to access Our Platform, Services and/or Content is subject to Our sole discretion. You also acknowledge that Our Services may not be available at all times and certain Content is not available to all Users or in all the jurisdictions;
  • You expressly grant MEL the right to monitor Your online/offline activities in relation to Our Platform and/or Services including but not limited to logging of Your IP address to verify Your geographical location;
  • You agree that during sign up You are required to provide personal information which will be subject to Our Privacy Policy available at (“Privacy Policy”);
  • You agree that the quality of the Platform, Services and/or Content may vary depending on a variety of parameters such as Your location, bandwidth, device, Internet availability and speed, etc. Certain Content is available in HD format. HD availability is subject to Your Internet speed and device capabilities;
  • You agree that MEL may, subject to the Privacy Policy, access, preserve, transfer and disclose Your personal and account information if required by law to cooperate with a government or law enforcement agency or to any private party by an order under law for the time being in force to: (a) enforce and comply with legal process and/or applicable law; or (b) enforce these Terms of Use; or (c) respond to Your customer service requests; or (d) protect the rights, property or personal safety of MEL, its affiliates, its users and the public;
  • You agree that MEL has the right to suspend Your access to the Services at any time during the term of Your the period of Your Subscription Plan for any purpose, without notice;
  • We regularly make changes on Our Platform including changes to Our Content. Additionally, We test various aspects of Our Services including user interface, promotional features and availability of Content and You shall agree and acknowledge that the Platform may contain tools to enable us to undertake such testing;
  • You agree that We reserve the right to restrict Your access to Our Platform and all Services on breach of any of our Policies, or been convicted of an offence which involves moral turpitude or any offence under the penal code of the jurisdiction from which you are accessing the Platform.

Registration

For registration and use of Our Services , You shall create an account on the Platform (“Account”) by providing certain information which will include sensitive personal data or information as defined under the Information Technology Act, 2000 and associated rules. Upon successful registration, You will be able to access the Services and Content on the Platform with Your login, You created during registration or through third party platforms. User Accounts are personal, confidential and not transferable. You will be solely responsible for all information and content posted under Your Account. You shall only one Account and will not create successive Accounts unless the previous Account is duly deleted.

Your registration is country specific and therefore, You will not be able to access Our platform from any country other than the country from where You have subscribed to the Platform. Should You wish to access the Content from different Compatible Devices, You may add such additional devices to Your Account only from Your country of subscription.

You are solely responsible for the confidentiality of the username and password used by You to access the Platform, Our Services and/or the Content and You shall not disclose the same to anybody and shall take all possible care to prevent discovery of the username and password by any person. We are not liable for any unauthorized access to the Platform and should any this unauthorized access lead to breach of any of these Terms of Use, You as the Account owner shall be held solely liable. suspect any fraudulent activities through Your Account, we reserve the right to delete or suspend Your Account until the issue is resolved.

You may delete Your Account and discontinue the use of Our Platform and Services in accordance with Paragraph 8. Similarly, We will have the right to withdraw Our Services at any time without assigning any reason whatsoever.

Scope of License

Subject to Your compliance with these Terms of Use and Our Policies, We shall grant You a non-exclusive, non-transferable, revocable, non-sub licensable limited license to access and use the Platform, Services and Content for personal and non-commercial use. By accessing Our Platform and/or Services, you acknowledge that no right, title or interest in Our Platform, Services and/or any Content shall be deemed transferred or transferable to You.

 

Free Trial and Subscription Plans

Our Services are mainly offered through a subscription model where You will be required to pay Us a fixed fee for the use of Our Services either on a monthly, quarterly or annual basis depending on Your preference and the plan available in your jurisdiction (“Subscription Plan”). We may offer other additional plans as follows:

  • a no cost plan which may include the display of third party advertisements as part of the Content;
  • a transactional video on demand model which allows the User to pay a certain amount in order to view specific Content; and
  • a no cost plan providing access to certain limited Content (collectively referred to as “Additional Plans”). We are entitled to determine the Content that features in these Additional Plans and may choose to terminate or suspend the Additional Plans at any time without notice. We may, at Our Sole Discretion, cease to make certain Content which was earlier available as part of the any of the plans. Further details regarding Our Subscription Plan and Additional Plans are available on the Platform.

Your membership with MEL may start with a free trial or any other discounts/special offers as specified during sign-up, provided You lock-in Your payment mechanism through any valid and recognized payment method offered on the Platform (“Payment Method”). It is clarified that such free trial/discount/special offer will be made available at Our sole discretion and We are under no obligation to provide the same. In the event, we offer a free trial for any given period, Your eligibility for availing such free trial including the time period and the Content available for viewing during the free trial shall be at Our sole discretion. You acknowledge that not all Content may be made available during Your free trial period. We may at our own discretion  shall suspend or terminate Your free trial at any point of time without Your prior consent.

You may cancel Your membership at any time prior to the expiry of the free trial period at no cost. However, You will not be entitled to any compensation, monetary or otherwise from Us for the remaining period of the free trial. If you continue availing Our Services at the end of the free trial period, You will be automatically charged such subscription fee as per Your chosen Subscription Plan (“Subscription Fee”). You may use our Additional plans by making required payment via the payment method specified for you.

Certain Services and Content made available on the Platform are accessible only upon registration under a specific Subscription Plan. Each of the Subscription Plans offered on the Platform will be provided at different costs and subject to different limitations and restrictions. We shall have the sole discretion to determine the Content available, number of users and Compatible Devices for each Subscription Plan. We also reserve the right to change, supplement, alter, modify or remove any Content that is offered under a Subscription Plan at any time without notice. Further, our Services are geo-restricted and a Subscription Plan purchased by You in a specific country will not be valid in any other country. If You wish to view Content from any other country, You will be required to purchase a new Subscription Plan in such Country.

For Apple Users:

Users who have purchased a Subscription Plan through Apple iTunes and not from Our website, www.sunnxt.com or Our android application or any other means directly made available by us (collectively “www.sunnxt.com”), will be directly invoiced by Apple iTunes and not www.sunnxt.com.  Subscription Plans purchased on Apple iTunes have a unique billing identification therefore, to view details of Your Subscription Plan, please view Your Apple iTunes account. Your subscription might renew if you don’t cancel your subscription more than 24 (Twenty Four) hours before the renewal date.

Apple iTunes will provide You with a hyperlink via e-mail for the purpose of managing Your Subscription Plan. We will not be able to manage Your Apple iTunes subscriptions and all such subscriptions must be managed through the same Apple ID which You had used for Your purchase of a Subscription Plan (“Apple ID”).

If You have subscribed through Apple iTunes, You will be able to access Your Subscription Plan through all Compatible Devices linked to Your Apple ID and If You wish to install the Platform, on a new Compatible Device or re-install the Platform on Your existing Compatible Device, You can restore previous purchases using Your Apple ID.

Note: You will only be able to create one (1) Account using Your Apple ID.

Ownership and Restriction

MEL or its licensors owns all right, interest and title in the intellectual property rights to the Platform, underlying software, Services and Content , user interfaces,  including the graphics, logos,  images, photographs, logos , trademarks, the appearance, organization and layout of the Platform. You agree that by accessing the Platform, no right, interest or title in the Platform, user interfaces, software, Services or Content shall be deemed transferred to You.

Except as provided in these Terms of Use, You may not copy, download, upload, capture, reproduce, duplicate, stream, archive, modify, translate, broadcast, publish, distribute, redistribute, transmit, retransmit, perform, display, frame or deep-link, sell, make available, sell, offer on commercial rental, create derivative works, translate, adapt or otherwise use the Platform, Content and/or Services in a manner not expressly provided for under these Terms of Use.

You agree to not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Platform including but not limited to Digital Rights Management controls and geo-filtering mechanisms.  You agree to use the Platform, Services and Content in accordance with all applicable laws, rules and regulations and You warrant that You are using the Platform on Your own initiative.

You shall use the Platform only for its intended purposes in a bona fide manner. In addition to the restrictions provided above and in clause 1, You further agree to use the Platform, Services and/or Content in a lawful manner and not to:

  • Directly or indirectly solicit the account information of other users or access or try to access any account which does not belong to You
  • Use the Services for any unlawful purpose or which is prohibited by the Terms of Use;
  • Attempt to or gain unauthorized access by hacking, password “mining” or by any other illegitimate means to any portion or feature of the Platform including accounts, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services
  • Probe, scan or test the vulnerability of the Platform or any network connected to the Platform or Services or breach the security or authentication measures on the Platform or any network connected to the Platform;
  • Extract data from the Platform;
  • Collect any user information through automated means, including but not limited to bots, robots, spiders and scrapers without Our prior written permission;
  • Violation of these Terms of Use or Our other Policies, including the Privacy Policy, as amended from time to time;
  • Make any statement(s) or comment(s) on the App which is/are inaccurate, false, unfair or defamatory to Us or other users or which violates the legal right of others;
  • Exploit or endanger a minor;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Impersonate or attempt to impersonate any person or entity;
  • Violate any intellectual property right, trade secret, privacy, publicity or other proprietary right;
  • Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Platform, the application for accessing the Content, or the Services;
  • Copy, record, edit, modify any of the Content for any purpose;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including MEL’s servers, networks or accounts;
  • Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the Content;
  • Attempt to circumvent the regular operation of the Platform, or reduce the fees or consideration that We may derive from the Platform by any means including by creating multiple accounts, redirecting traffic or following other fraudulent or deceptive practices;
  • Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without MEL’s prior written consent;
  • Delete or revise any information provided by or pertaining to any other user of the Services;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services;
  • Post, upload or otherwise transmit or link to an image, video, audio or any information of another person without that person’s consent, or
  • Post, upload or otherwise transmit or link to content that is threatening, abusive, excessively violent, invasive of another’s privacy, publicity or other rights;
  • Post, upload or otherwise transmit or link to content that is tortious, false or misleading or is defamatory, libelous, hateful or discriminatory;
  • Post, upload, host, display, publish, share or otherwise make available on the Platform any content or information or User Materials that belongs to another person to which You do not have any right to, or contains any content which is not compliant with the Information Technology Act, 2000, rules, regulations, and guidelines made thereunder, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, Terms of Use or Privacy Policy, as amended or re-enacted from time to time;

 

  • Use the Services to advertise or promote competing services;
  • Use the Services for public display regardless of whether the public has paid for such display or not;
  • Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing;
  • Broadcast or make available the Content to any third party; or
  • Additional Features

We may conduct contests, games, promotions, surveys and campaigns on the Platform (“Additional Features”) at Our sole discretion. All Additional Features hosted and/or conducted on the Platform are subject to a separate set of terms and conditions which will be notified to You on the Platform (“Additional Terms and Conditions”). These Terms of Use are deemed incorporated by reference into the Additional Terms and Conditions. Your participation in the Additional Features shall indicate that You have read and understood the Additional Terms and Conditions and that You agree to be bound by them.

User Material

You may be allowed to post Your opinions, reviews, ratings, recommendations, etc. (“User Material”) on the Platform. In no event shall MEL be liable for any User Material posted on the Platform. You own all rights, title and interest in the User Material. We may use the User Material either in isolation or in combination with other material for any purpose whatsoever, without compensation to the maker of the submission. Such submissions are not and will not be treated as confidential and We shall not be liable for any disclosure of the submissions in any event. Additionally, we will have the right to use any ideas, know-how and/or techniques contained in the User Material for any purpose. Upon, posting, any additional permission from you to use the User Material is not required.

You further agree and confirm that the provisions of Section 19(4) of the Indian Copyright Act, 1957 shall not apply to this license. MEL will have the right to monitor, remove and/or change any User Material without Your consent however; We will be under no obligation to do the same. We carry no liability for any User Material and You agree to waive any legal or equitable remedies You may have against Us with respect to the User Material. By posting User Material on the Platform, You agree that the User Material (i) is original and non-infringing of any intellectual property right of any third party;

(ii) is not defamatory, derogatory, abusive, malicious or hurtful to any person, entity, race, group, class, caste, religion, community etc.;

(iii) is not seditious or pornographic or vulgar;

(iv) is fair and non-disparaging;

(v) does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

(vi) is not in violation of any applicable law.

Live Content

Our Platform offers live Content including the ability to stream live television channels which is hosted by Us on behalf of third party providers. You acknowledge that MEL has no control over the live Content displayed on the Platform and We carry no responsibility for such live Content or its availability. If You have any concerns with respect to the live Content, please reach out to third party providers of such live Content.

Offline Content

Certain Content is available for offline viewing on certain Compatible Devices (“Offline Content”). Limitations apply, including restrictions on the number of Offline Content per account, the maximum number of devices that can contain Offline Content, the time period within which You will need to begin viewing Offline Content and how long the Offline Content will remain accessible. Some Offline Content may not be accessible if You view it from a country not being the country where You the Content was made available for viewing offline. In such cases, We recommend You buy a new subscription in that country to avail the Content for the purpose of offline viewing. All provisions governing Your use of Our Services and the Content shall be applicable to Your use of the Offline Content.

Termination

Breach of any provision of Terms of Use, we shall terminate your account without notice. In the event Your Account is terminated for breach during Your quarterly, annual or language pack subscriptions, You will not be entitled to any refund.

Indemnities

You agree to defend, indemnify and hold harmless MEL, its affiliates, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from

  • Your use of and access to the Platform, Content and Services; or
  • Your violation of any term of these Terms of Use; or
  • Your violation of any third party right, including without limitation any privacy, publicity or   intellectual property right; or
  • Your breach of applicable law(s); or
  • User Material posted on the Platform; or
  • any unauthorized, wrongful, unlawful or illegal use of Your account by a third party with or without Your consent.

Disclaimer of Warranty

YOU AGREE AND ACKNOWLEDGE THAT THE PLATFORM, CONTENT AND SERVICES ARE PROVIDED ‘AS-IS’ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF TITLE, FITNESS FOR PURPOSE AND MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE FUNCTIONING OF THE PLATFORM IS NOT ERROR FREE, UNINTERRUPTED OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. YOU FURTHER AGREE THAT MEL IS NOT UNDER ANY OBLIGATION TO SCREEN, CENSOR OR EDIT ANY PORTION OF THE CONTENT BEFORE PROVIDING ACCESS TO YOU.

Limitation of Liability

For any damages directly, indirectly, incidentally punitively, specially or consequently  arising from your use of the platform, services or content,  MEL, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors shall not be liable  WHERE THE LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS, MEL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Third Party Links and Advertisements

The Platform may include hyperlinks to various external websites, and may also include advertisements, and hyperlinks to applications, content or resources (“Third Party Links”). We have no control over such Third Party Links present on the Platform, which are provided by persons or companies other than Us. You acknowledge and agree that We are not responsible for any collection or disclosure of Your information by any external sites, applications, companies or persons thereof. The presence of any Third Party Links on our Platform, cannot be construed as a recommendation, endorsement or solicitation for the same, or any other material on or available via such Third Party Links. You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your information via Third Party Links, as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products services, or other materials on, or available via such Third Party Links. This will include all transactions, and information transmitted therein, between You and any such third party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between You and the aforementioned third parties.

Such third party websites, and external applications or resources, accessible via the Third Party Links may have their own terms and conditions governing the use of their websites and applications and separate privacy policies governing the collection, storage, retention and disclosure of Your information that You may be subject to. We recommend that You exercise reasonable diligence, as You would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third party website or application’s Privacy Policy.

Support

For If You have any questions, complaints, grievances or claims with respect to Your use of the Platform, Services and/or Content, please reach out to Our support help desk at contact@colorchipsindia.com.

Electronic Communications

All information regarding Your use of or access to the Platform including but not limited to payment authorizations, invoices, changes in password or Payment Method, confirmation messages and notices shall be sent  on Your registered e-mail address and/or mobile number. Further, MEL shall provide information regarding Our latest products and/or services offered either by Us or Our partners and obtain feedback regarding our services through your registered e-mail address and/or mobile number.

In the event, You have registered Yourself on the national preference register or on any ‘do not disturb’ or similar list, You are requested to ensure that Your registrations permit us to contact You in accordance with this provision.

Class Action Waive

You agree that to the extent permitted by applicable law, any claim that you may choose to bring against MEL shall be only in your 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 MEL has agreed in writing, 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.

Miscellaneous

Survival

Obligations which by their nature would continue beyond termination or expiration of this Terms of Use will survive termination or expiration of this Terms of Use including but not limited to Your representations, undertakings and warranties under these Terms of Use and clauses relating to indemnity, disclaimer of warranties, limitation of license, grant of license in the User Material, governing law and jurisdiction.

Force Majeure

We shall not be held liable whatsoever in the event of failure to deliver the Services under these Terms of Use or any portion thereof if, occasioned by an Act of God,  disease, civil commotion,  revolution, riot, strike out, war, terrorist attack, network maintenance, service maintenance, server maintenance or any other cause which is beyond Our reasonable control.

Severability and Waiver

If any provision of this Terms of Use which is unenforceable or invalid, or becomes void or unenforceable, then that provision shall be considered severable and the rest of the Terms of Use will continue if full force and effect. Any failure to exercise promptly any right under these Terms of Use shall not constitute a waiver of that right.

Entire Agreement

These Terms of Use and Policies constitute the entire agreement between You and MEL governing Your use of and access to the Platform, Content and Services, superseding any prior agreements between the two parties.

Governing Law and Dispute Resolution

This Agreement will be governed by the laws of India as applicable between residents, without giving effect to its principles of conflict of laws (“Governing Law”). In the event of a dispute arising out of or relating to these Terms of Use, including any question regarding its existence, validity or termination, the parties shall, at the first instance try to resolve the dispute amicably by mutual discussions, and if the parties are unable to do so then, they may refer the dispute to, and finally resolve by, arbitration. The arbitration shall be governed by and conducted in accordance with Arbitration and Conciliation Act, 1996.  In any arbitration commenced pursuant to this clause, the number of arbitrators shall be one, solely appointed by Company, language of arbitration proceedings shall be English, and the seat, or legal place, of arbitration shall be Hyderabad, India.

The arbitration shall be confidential proceedings, closed to the general public. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek relief in a court of competent jurisdiction in Hyderabad, India without thereby waiving its right to arbitration of the dispute or controversy under this clause. Subject to the foregoing dispute resolution clause, both parties submit to exclusive jurisdiction of the courts at Hyderabad, India.

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