4. HYIKEContent Service
4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to access the HYIKE Content service. Minors may not access or use the HYIKE Content service.
4.2. The HYIKE Content service and any content accessed through the service are for your personal and non-commercial use only and may not be shared with anyone. While accessing the HYIKE Content after paying the relevant access fee we grant you a limited, non-exclusive, non-transferable right to access the HYIKE Content service and access HYIKE Content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for broadcasting, public performances, sharing over any channels etc.
4.3. You may access the HYIKE Content only within India and we reserve the right to place any geographic restrictions on access to such content depending upon licensing conditions or having regard to local laws. The content that may be available for you to access will vary by geographic location and will change from time to time. Certain HYIKE Content may be available for live streaming and shall not be available on the HYIKE Content-ready device once the live-stream is over. Such content shall have to be accessed at designated streaming times according to the schedule available on the HYIKE platform and we shall not be responsible for any loss in content warranted by a delay in accessing the said content.
4.4. The HYIKE Content service, including the content library, is regularly updated. In addition, we may continually test various aspects of our service, including our website, user interfaces, promotional features and availability of HYIKE Content.
4.8. HYIKE platform software is developed by, or for, Hyike and is designed to enable use of HYIKE services including HYIKE Content services through HYIKE Content-ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the HYIKE application and related third-party software.
5. Passwords and Account Access. The user who created the HYIKE account and is charged the access fee for the HYIKE Content (the “Account Owner”) has access and control over the HYIKE account and the HYIKE Content-ready devices that are used to access our service and is responsible for any activity that occurs through the HYIKE 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 HYIKE Content-ready devices that are used to access the service and not reveal the password or details of the payment methods associated with the Deposit Wallet of the account to anyone.
6. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, HYIKE or our partners from identity theft or other fraudulent activity.
7. Warranties and Limitations on Liability. The HYIKE Content 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.
8.2. Unsolicited Materials. We do not accept unsolicited materials or ideas for HYIKE Content and we are not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us.
8.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or debits to Deposit Wallets, balance short-fall in payment of access fee, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
By hosting content on HYIKE shows you (the “Licensor”) agree to be bound by the terms of this Standard Content Licensing Agreement.
1. The Licensor, owns the underlying intellectual property including the copyright in the content more specifically described in Schedule I (the “Content”).
2. The Licensee, a company incorporated under the laws of India operates a mobile application and associated website which offers games and audio-visual / video / audio content through online streaming on its platform (the “HYIKE”).
3. The Licensor agrees to license the right to use the Content to the Licensee and all underlying intellectual property in such Content including copyrights if any in accordance with the terms and conditions set forth herein and the Licensee agrees to accept the license on the terms and conditions set forth herein.
1. Granting of License
1. The Content
1.1.1 Upon the terms and conditions hereinafter set forth, the Licensor hereby grants to the Licensee and the Licensee hereby accepts the right to use the Content in India.
1.1.2 The Licensor shall have the sole and exclusive ownership of the Content, including all improvements, updates, derivative products and intellectual property rights thereof, whether such improvements, updates, derivative products and intellectual property rights are made by the Licensor or the Licensee. The rights and obligations under this paragraph shall survive the termination of this Agreement.
1.2.1 The right to use the Content granted by the Licensor to the Licensee is effective only for the business operation of the HYIKE platform by the Licensee. The Licensor agrees that the Licensee may use the Content on any other website or media pursuant to the purpose of the license and to enable the Licensee to fully utilize the underlying intellectual properties granted in respect of the Content as far as such use relates to the HYIKE platform.
1.2.2 The right to use the Content granted by the Licensor to the Licensee is effective only in India.
1.2.3 The license provided by the Licensor is exclusive to the Licensee in India and the Licensor shall not license the Content to any third-party during the term of this Agreement without the consent of the Licensee irrespective of the scope of this license.
1.2.4 The Licensor acknowledges and agrees that the Licensor shall provide the Content for access, viewing, listening etc. on the HYIKE platform to its users and may permit its users to download the said Content for offline access, viewing, listening etc. on the HYIKE platform (“Access”).
2. Terms of Payment
The Licensee agrees to pay the Licensor license fees amounting to INR … per unique Access by the Licensee’s users on the HYIKE platform. For avoidance of doubts, it is clarified that; if the licensed Content is accessed multiple times from the same device or multiple devices associated with the same user account, the Licensor and the Licensee shall treat the same as a single (1) unique Access and license fees shall be payable only once in respect of such Access.
The Licensee shall pay the license fees for each audio show as conducted by the licensor after providing the Licensor with details of the number of unique Access during such period in the manner
The Licensor shall have to raise a tax invoice on the Licensee to enable the Licensee to pay the license fee.
The Licensor acknowledges that the Licensee may deduct appropriate income taxes at source as per applicable laws.
Any and all indirect taxes including goods and service taxes shall be borne by the Licensor and the same shall be accounted for in the tax invoice raised by the Licensor on the Licensee.
3. Intellectual Property and Confidentiality
3.1 The Licensee shall use its reasonable effort to protect and maintain the confidentiality of any and all data and information from the Licensor marked as or known by the Licensee to be confidential (collectively, the “Confidential Information”). Upon termination of this Agreement, the Licensee shall return any Confidential Information to the Licensor or destroy it itself, delete any Confidential Information from any electronic devices and cease to use such Confidential Information as required by the Licensor. The Licensee shall not disclose, grant or transfer any Confidential Information to any third party without the Licensor’s written consent.
3.2 Both parties agree that this Clause 3 shall survive the invalidity, amendment, cancellation, termination or unenforceability of this Agreement.
4. Representations and Warranties
4.1 The Licensor represents and warrants as follows:
4.1.1 It has the exclusive ownership of the Content including all underlying intellectual property therein and is not bound by any obligations under law or under contract which prevent it from entering into this Agreement or licensing the Content to the Licensee having regard to the scope of the license.
4.1.2 The Content does not contain any material that is in any way illegal, offensive, against public morality or order, or may hurt the sentiments of any group of people, or is disparaging or defamatory of any person or groups of persons.
4.1.3 The execution and performance of this Agreement by it are within its power and it has taken all necessary actions and obtained all necessary consents or approvals by third parties or government agencies to enter into this Agreement and perform this Agreement. The execution and performance of this Agreement by it do not violate the laws and contracts binding upon or influencing it; and
4.1.4 Upon execution, this Agreement will constitute a legal, valid and binding obligation of the Licensor enforceable against the Licensor in accordance with its terms.
4.2 The Licensee represents and warrants as follows:
4.2.1 It is a company duly incorporated in India and validly existing under the laws of India;
4.2.2 The execution and performance of this Agreement by it are within its corporate power and business scope. It has taken all necessary actions and obtained all necessary consents or approvals by third parties or government agencies. The execution and performance of this Agreement by it do not violate the laws and contracts binding upon or influencing it; and
4.2.3 Upon execution, this Agreement will constitute a legal, valid and binding obligation of the Licensee enforceable against the Licensee in accordance with its terms.
5. Licensor’s Ownership and Protection of Licensor’s Rights
5.1 The Licensee agrees, during the term of this Agreement and thereafter, it shall not challenge the ownership and other rights of the Licensor in the Content.
5.2 The Licensee agrees to provide necessary assistance to the Licensor to protect the Licensor’s rights with respect to the Content and inform the Licensee of any infringement by any third party in writing if it becomes aware of or has knowledge of such infringement.
5.3 The Licensee agrees that it shall use the Copyright only in accordance with this Agreement and shall not to use the Copyright in any manner that could be deemed by the Licensor to be fraudulent, misleading or otherwise harmful to the Copyright or the reputation of the Licensor.
6.1 The Licensor hereby indemnifies the Licensee against any and all third-party claims without limitation arising out of breach of any of the representations and warranties of the Licensor.
6.2 The Licensee shall have the right to withhold any sums due to the Licensee including the license fees to meet any liabilities including legal costs incurred or likely to be incurred by the Licensee arising out of a claim by any third party resulting from a breach of the representations and warranties of the Licensor
7. Effective Date and Term
7.1 This Agreement shall be executed and become effective as of the date first set forth above. The term of this Agreement is one (1) year unless terminated earlier pursuant to this Agreement.
7.2 This Agreement may be extended automatically for one year upon its expiration (including the expiration of any extended term) unless the Licensor prior to the expiration hereof gives written notice not to extend this Agreement.
8.1 This Agreement shall terminate on the date of expiration or the date of the expiration of extended terms when the Licensor notifies the Licensee in writing not to extend this Agreement.
8.2 Without prejudice to any legal or other rights or remedies of the party who asks for termination of this Agreement, any party has the right to terminate this Agreement immediately with written notice to the other party in the event the other party materially breaches this Agreement and fails to cure such breach within 30 days from the date the breaching party receives the written notice of its breach from the non-breaching party.
8.3 During the term of this Agreement, the Licensor as well as the Licensee may terminate this Agreement at any time by providing thirty (30) days’ written notice to the other party.
9. Effect of Termination or Expiration
Upon and after the expiration or termination of this Agreement, all rights granted to the Licensee hereunder shall forthwith revert to the Licensor, which shall be free to license the right to use the Content to others and the Licensee cease any further direct or indirect use of the Content.
10. Force Majeure
10.1 Force Majeure, which includes but not limited to acts of governments, acts of nature, fires, explosions, typhoons, floods, earthquakes, tides, lightning or war, means any unforeseen event that is beyond the party’s reasonable control and cannot be prevented with reasonable care of the affected party. However, any insufficiency of creditworthiness, capital or financing shall not be regarded as an event beyond the party’s reasonable control. The party affected by Force Majeure and seeking exemption from performing the obligations under this Agreement shall inform the other party of such exemption and any action taken by it in performing this Agreement.
10.2 In the event that the affected party is delayed in or prevented from performing its obligations under this Agreement by Force Majeure, and only to the extent such delay and prevention, the affected party shall not be liable for obligations under this Agreement. The affected party shall take appropriate measures to minimize or remove the effects of Force Majeure and attempt to resume the performance of the obligations that were delayed or prevented by the event of Force Majeure. Once the event of Force Majeure is removed, both parties agree to resume the performance of this Agreement using their best efforts.
11. Settlement of Disputes Any dispute arising in connection with the interpretation and performance of the provisions of this Agreement shall be resolved by the parties in good faith through negotiations. In case no resolution can be reached by the Parties within thirty (30) days after either party makes a request for a dispute resolution through negotiations, either party may refer such dispute to adjudication through arbitration under the applicable laws. The dispute shall be referred to a sole arbitrator appointed in accordance with applicable laws.
12. Notices Notices or other communications required to be given by any party pursuant to this Agreement shall be emailed to HYIKE and to the Licensor by the email as provided to the HYIKE
13. Assignment and Sublicense
13.1 The rights and obligations licensed by the Licensor to the Licensee pursuant to this Agreement shall not be assigned, pledged or sublicensed without the prior written consent of the Licensor.
13.2 The Licensor hereby agrees that it shall not transfer the rights and obligations under this Agreement to any third party without the prior written consent of the Licensee.
14. Applicable Law The validity, performance and interpretation of this Agreement shall be governed by the laws of India.
15. Amendment or SupplementThe parties may amend or supplement this Agreement by written agreement. The amendments or supplements to this Agreement duly executed by both parties shall form an integral part of this Agreement and shall have the same legal effect as this Agreement.
16. Severability If any provision of this Agreement is judged to be invalid or unenforceable because it is inconsistent with applicable laws, such invalidity or unenforceability shall be only with respect to such laws, and the validity, legality and enforceability of the other provisions hereof shall not be affected.
17. Appendices and Schedules The Appendices and Schedules to in this Agreement shall form an integral part of this Agreement and shall have the same legal effect as this Agreement.
Description of Content
Content as provided on HYIKE shows from time to time.
The Licensor will be shown the number of unique access received by the licensor for an audio show as well as the commensurate license fee payable to the licensor. The same will be credited to the Linked Wallet Details of Licensor on HYIKE platform
Frequency of Payments… per audio show
DISCLAIMER: Unless otherwise explicitly specified, HYIKE is not affiliated in any way to and claims no association, in any capacity whatsoever, with any sports governing bodies and leagues, including, but not limited to the Board of Control for Cricket in India (BCCI) or the Indian Premier League (IPL).
Anti-Money Laundering Policy
This Anti-Money Laundering Policy (“AML Policy”) is testimony to the Company’s commitments against money laundering, financing of terrorism, and related illegal activities. It describes the Company’s policies and procedures instituted in an attempt to ensure that the Services offered by the Company are not being used by the Users to facilitate commission of any criminal offences or violating any Applicable Laws, including but not limited the Prevention of Money Laundering Act 2002 and the Unlawful Activities Prevention Act 1967. Although under the said laws, the Company does not qualify as an entity obligated to follow the procedures prescribed herein, the Company has prepared this AML Policy to ensure transparency in the activities conducted from the Account and to prevent money laundering and other illegal activities over the Platform in consonance with the spirit of law.
1.1 . “Beneficial Owner” means: In case of companies, the natural person who has ownership of over 25% (twenty five per cent) of the shares; is entitled to over 25% (twenty five percent) of the profits; or has the power, directly or indirectly, to appoint or elect more than half of the board of directors of such company, as the case maybe. In case of partnership firms/limited liability partnerships, the natural person who has ownership of over 15% (fifteen per cent) of the capital; or is entitled to over 15% (fifteen per cent) of the profits of such firm, as the case maybe;
1.2 . “Identification Document(s)” refers to: (i) Permanent Account Number (PAN) card; (ii) Passport; (iii) Driving License; (iv) Government issued identity cards; or (v) such other document as may be notified by the Company from time to time; “Regulated Entity” shall mean banks, financial institutions or intermediaries who are mandated by law to maintain records under the provisions of the Prevention of Money-laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of the Banking Companies, Financial Institutions and Intermediaries) Rules, 2005 (“Verification Rules”).
1.3 .“Suspicious Transactions refers to the following activities, whether attempted or executed:
(i) Terrorist financing: transactions which to a Person acting in good faith appear to have been done in order to collect funds, in full or in part, by any terrorist or related organization, or in order to carry out any of the activities relating to terrorism, or terrorist acts;
(ii) Unusually Complex: transactions which to a Person acting in good faith appear to have been structured in a manner of unusual or unjustified complexity;
(iii) Mala-fide Purpose: transactions which to a Person acting in good faith appear to have not been transacted for bona-fide purpose or do not have a sound economic rationale.
(iv) Money Laundering: transactions which to a Person acting in good faith appear to involve proceeds of any offence listed in the Schedule to the Prevention of Money Laundering Act, 2002.
3. Policy Changes – The Company may change and update this AML Policy from time to time. Such changes may be made without prior notice, but any changes will only apply to activities and information going forward, and not on a retroactive basis. You are encouraged to review this AML Policy whenever you access the Platform.
4. Your Obligations
4.1 . You acknowledge that it is Your duty to ensure compliance with the terms and conditions described in this AML Policy and accord Your consent to not using the Services and the Platform in any manner which results in committing/attempting to commit any criminal offences.
4.2 . You must ensure that any personal information and/or Identification Documents submitted by You belong to You.
4.3 . You must update any information provided by You basis your Identification Documents within 30 (thirty) days of any change or modification thereof.
4.4 . In case You are acting on behalf of a juridical person, You must identify the Beneficial Owner and also assist in verification of the identity of such Beneficial Owner and any individual who purports to act on behalf of such juridical person.
5. Purpose of this Policy – In order to mitigate its risks relating to money laundering and other illegal activities, the Company intends to put in place this policy which has the following elements:
(i) Customer Acceptance and Verification Terms;
(ii) Risk Management Procedure; and
(iii) Transaction Monitoring Terms
6.2 . Money may be deposited or withdrawn from the concerned HYIKE Account by a User only by means of an account maintained with a Regulated Entity. It is clarified that only those Users whose accounts with the Regulated Entity have been verified by the Regulated Entities in accordance with the Verifications Rules may deposit or withdraw money from their HYIKE Account.
6.4 . Notwithstanding the foregoing, HYIKE reserves the right to seek further information from the Users, including Identification Documents.
6.5 . The Company may, in its sole discretion, refuse to open any new Account, terminate existing Account after giving due notice, or refuse to process any transactions on the Platforms if it is unable to ensure Your compliance with this AML Policy, either due to non-cooperation by the User or due to the details provided by the User being found unreliable or unverifiable to the Company’s satisfaction.
7. Risk Management Procedure
7.1 . The Company may categorize its Users including You into low, medium or high-risk categories, after undertaking an appropriate risk assessment of each User based on the following factors (including without limitation):
(i)Sufficiency and adequacy of identification information submitted by the User;
(ii) User’s social and/or financial status;
(iii) Nature of User’s business/vocational activities; or
(iv) Guidance notes circulated by various governmental and inter-governmental organizations.
7.2 . You acknowledge that in order to maintain the integrity of the risk management procedure, the Company will keep Your risk categorization and any data related thereto confidential. You will not be entitled to seek disclosure of Your risk categorization. However, the Company may disclose the User’s risk categorization data to the competent enforcement authority if it finds that a particular User has executed or is likely to execute any Suspicious Transaction.
8 . Transaction Monitoring Terms
8.1 . All transactions executed and/or attempted to be executed from the Account are regularly monitored by the Company, both manually and through use of software-based algorithms, in order to promptly identify and highlight certain kinds of transaction including without limitation, the following kinds of transactions:
(i) High value transactions of such amounts as may be specified by HYIKE from time to time or as may be required under Applicable Law;
(ii) Low value but repetitive transaction of such amounts as may be specified by HYIKE from time to time or as may be required under Applicable Law; and
(iii) Suspicious Transactions.
8.2 . The Company may, from time to time, undertake necessary investigation in order to identify and examine transactions inconsistent with any User’s risk profile sophistication, and expected usage pattern.
8.3 . The extent of monitoring shall depend on various factors including upon each User’s risk profile.
8.4 . The Company may, from time to time, undertake necessary investigation in order to identify and examine transactions inconsistent with any User’s risk, sophistication, and expected usage pattern.
9. Maintenance of Records – The Company will maintain and preserve the following: (i) Records of all transactions executed on the Platform, for a period of at least 3 (three) years from the date of each transaction.
(ii) Records of all transactions identified (Transaction Monitoring Terms) above for a period of at least 3 (three) years, including but not limited to the information about the nature, value and parties to such transactions, and their date of remittance.
(iii) Identification records of Users during the subsistence of and for a period of at least 3 (three) years from the date of termination of such Account.
10 . Compliance, Disclosure, and Notices
10.1 . The Company may share, from time to time, information regarding transactions identified under Clause 8 (Transaction Monitoring Terms), identification information of such Users, or any other information mandated under the Applicable Law, with the appropriate enforcement authorities.
10.2 . In order to improve the integrity and transparency of transactions on the Platform, You are encouraged to report any information You are privy to or become privy to in the future regarding any Suspicious Transactions or transactions You have find or have reason to believe are dubious in nature, to our Compliance Officer.
10.3 . In order to ensure compliance with this AML Policy and/or the Applicable Law, the Company may be required to send You notices from time to time. All such notices will be sent to such address as provided by You under Clause 6 (Customer Acceptance and Verification Terms) of this AML Policy. Where You are required to share any information according to the procedures contained in this AML Policy, such communication may be made by You electronically by sending an email.