TERMS OF USE

Last Updated on 04 September 2021

Please read carefully. Your use of the SugarBox platform is subject to these terms of use and our Privacy Policy. By using the site, you consent to the collection and use of your data in accordance with our privacy policy.

Who are we?

SugarBox (‘us’, ‘we’ or ‘our’ as the context requires) is a hyperlocal CDN that helps its end users (‘you’ or ‘your’ or ‘yourself’) to access the partner digital applications in an offline mode, when the user is in SugarBox Zone via our websites, apps and other platforms (‘Platform’ or ‘Services’).

SugarBox is neither an OTT player nor an e-commerce player and is not responsible for providing, setting or controlling the prices applicable to, any of the options or products which you find, subscribe or purchase via our Services (“Third Party Products and Services”). All such Third-Party Products and Services are provided by independent digital app partners or other third parties (“App Partners”) and are subject to the terms and conditions of those third parties.

Our Platform and Services are provided by Margo Networks Private Limited, a company incorporated under the Companies Act, 2013 in India with CIN 'U74999MH2016PTC284879' and having its registered office at DEVX, 7th Floor, A Wing, Dynasty Business Park, Commercial Premises Co-operative Society Ltd.,  Andheri-Kurla Road, Andheri-East, Mumbai – 400065.

Terms of Use

These Terms of Use (“Terms") applies to the Margo Networks Private Limited (‘SugarBox’), its digital platforms including, without limitation, www.sugarboxnetworks.com and other related websites, mobile applications and other online features that link to this Terms. These Terms shall apply to the websites, web pages, digital platforms, interactive features, applications, widgets, blogs, social networks, etc., alternative reality worlds or features, or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means. These Terms of Use is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These Terms of Use does not require any physical, electronic or digital signature.

This Terms of Use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of Platform including digital application and website.

SugarBox reserves the right at its sole discretion, to change, modify and/or add to these Terms or to the Privacy Policy, in whole or in part, at any time. Changes to these Terms or the Privacy Policy will be effective when posted. You agree to review these Terms and the Privacy Policy periodically to become aware of any changes. Your use of the SugarBox Services or Platform or any part thereof after any changes to these Terms or the Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using SugarBox Services.

Section 1: Use of the Platform

You hereby agree that all rights, title and interests in SugarBox Platform vest with SugarBox or its licensors. Subject to your strict and full compliance with the terms and conditions herein, SugarBox grants to you a revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, limited license to access or download, install and use the Platform on Devices owned and controlled by you, and to access and use the SugarBox Platform only for your own private, personal and non-commercial viewing on such Devices, strictly in accordance with the terms of the Terms of Use. Except for the rights expressly stated herein, no other rights are granted to you with respect to the Platform, either by implication, estoppel, or otherwise.

Section 2: New Versions

SugarBox, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to SugarBox Platform. You accept, acknowledge and agree that SugarBox has no obligation to make available to you any Upgrades or subsequent versions of SugarBox Platform. You also agree and accept that you will have to enter into a renewed version of this Terms of Use if you want to access/download, install or use an Upgrade or new version of SugarBox Platform. We request you to have updated Device to continue using SugarBox Platform on your Device and we do not assure that Platform access/downloaded on your Device shall operate in case you fail to upgrade the Platform, or the Device is non-compatible.

Section 3: Account Security

You are responsible for safeguarding the password or credentials that You use to access the Services and for any activities or actions under Your SugarBox account. We encourage You to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with Your account and with other accounts that You may connect to Your SugarBox account (such as Your social media account or Your email). SugarBox cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

Section 4: Disclaimers and Limitation of Liability

You have read this section carefully since it limits the liability of SugarBox and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "SugarBox Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to You. Nothing in this section is intended to limit any rights You may have which may not be lawfully limited.

  1. The Services are Available "AS-IS"
    The access to and use of the Services or Platform is at Your own risk. You understand and agree that the Services are provided to You on an "As Is" and "As Available" basis. Without limiting the foregoing, SugarBox Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.

    SugarBox Entities make no warranty and disclaim all responsibility and liability for:

    1. the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content

    2. any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Platform

    3. the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services

    4. whether the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis.

    No advice or information, whether oral or written, obtained from SugarBox Entities or through the Services, will create any warranty not expressly made herein.

  2. Third Party Website Links
    Platform may contain links to third-party websites, applications or resources. You acknowledge and agree that SugarBox is not responsible or liable for:

    1. the availability or accuracy of such websites or resources; or

    2. the content, products, advertisements, or services on or available from such websites or resources.

    Links to such websites or resources do not imply any endorsement by SugarBox Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.

  3. Limitation of Liability
    You assume the entire risk of using SugarBox Platform and Services. To the maximum extent permitted by applicable law, in no event shall SugarBox be liable to you for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages for loss of use, loss of profits, interruption or business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access, SugarBox Platform or for any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning of the application, whether or not foreseeable or whether or not SugarBox has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, SugarBox Services.
    Further, SugarBox shall not be liable to you for any temporary disablement, permanent discontinuance or modification of the application including its functions or features by SugarBox or for any consequences resulting from such actions. SugarBox’s aggregate liability (whether under contract, tort including negligence, warranty or otherwise) shall be limited to ₹100/- (Indian Rupee One Hundred Only).

Section 5: Indemnification

You shall indemnify, defend and hold harmless SugarBox with each of its directors, officers, employees and agents from and against any and all, losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses, demands, assessments, or payments of whatever kind, including reasonable attorneys' fees, disbursements and expenses that arise out of or relate to an action, arbitration, investigation, hearing, litigation or suit (whether civil, criminal, administrative, judicial or investigative, and whether public or private) commenced, brought, conducted or heard by or before, or otherwise involving, any governmental authority or arbitrator made, brought or asserted by a third party, including a governmental authority in connection with, or arising out of your misuse of SugarBox Platform or your breach of the terms of the Terms of Use or any other policy or any other restrictions or guidelines provided by SugarBox or any acts committed by you in violation of applicable laws, regulation or these terms. This indemnification obligation will survive this Terms of Use and Your use of SugarBox Services or Platform.

Section 6: Intellectual Property Rights

All right, title and interest, including without limitation, copyright, trademark and other intellectual property rights in and to the Application and any derivatives thereof are owned/licensed by SugarBox. This Terms of Use does not provide you with any ownership interest in the Platform or with any other right other than as expressly set forth in this Terms of Use. The Platform is protected under India and international copyright laws and treaties. You shall be strictly liable for any misuse or abuse of this Platform in any manner. The same shall amount to piracy and / or infringement of Intellectual Property Rights and the appropriate legal and remedial action, as available, shall be initiated against You and appropriate damages and / or compensation shall be claimed by SugarBox.

Section 7: Termination

SugarBox, in its sole discretion, may terminate or suspend your access to SugarBox Platform or Services without any obligation to serve any prior notice and without any obligations or liabilities towards you or towards any third parties. This Terms of Use shall automatically terminate upon failure by you to comply with its terms. Upon termination of this Terms of Use, your access to SugarBox Services shall be disabled and you may no longer be able to use SugarBox Platform, unless reactivated by SugarBox at its sole discretion.

Section 8: Force Majeure

SugarBox shall be under no liability whatsoever in the event of non-availability of any portion of the Application or Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, pandemic, epidemic, failure of any public utility, man-made disaster, laws or government action/order/direction, infrastructure failure, computer hacking, Device failures, lack of battery power on Device, unauthorized access to computer data and storage device, computer crashes, non-compatible Device, breach of security, lack of electricity, lack of telecommunications services/internet and encryption, etc., or any other cause whatsoever beyond the reasonable control of SugarBox.

Section 9: Relationship

None of the provisions of this Terms of Use shall be deemed to constitute a partnership, franchisee, joint venture, association of persons or agency between you and SugarBox and you shall have no authority to bind SugarBox in any manner, whatsoever.

Section 10: Governing Law

This Terms of Use is governed and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction to hear disputes arising out of the use of the Platform.

Section 11: Severability

If any of the provisions of this Terms of Use are deemed invalid, void, or for any reason unenforceable, that part of the Terms of Use will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the Terms of Use.

Section 12: Grievance Officer

If You have any complaints regarding any content available on the SugarBox Platform or complaints regarding use of the personal information under Terms of Use or Privacy Policy, you can register the complaint by writing to our Grievance Officer Mr. Nikhil Dhamija at compliance@sugarboxnetworks.com.

Section 13: Support

If you have any queries, suggestions, or operational/ technical issues, please reach out to us at governance@sugarboxnetworks.com.

Section 14: Entire Agreement

This Terms of Use including the Privacy Policy, as amended from time to time, constitutes the entire agreement between the you and SugarBox and supersedes all prior understandings between you and SugarBox relating to the subject matter herein.

Please note that if you still proceed to access the Platform and share the personal information with SugarBox, you solely shall be responsible for any kind of legal or other actions that shall take place and SugarBox shall not be responsible for any actions in any manner whatsoever.