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Subscriber Agreement
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
HMVL inter-alia provides an online website and application being www.ottplay.com and OTTplay App which gives its users an option to explore the OTT content as to what to watch and where to watch. These subscriber terms are in addition to the existing terms of use of OTTplay Website and App which now provides an additional feature of Subscription of the content provided by other OTT players. Accordingly, before using the OTTplay subscription services, please read these terms carefully. These terms form a legal and binding agreement (“Subscriber Agreement”) between you (the “Subscriber” / “you”/ “your”) and Hindustan Media Ventures Limited (“HMVL”/ “we”/ “us” / “our”), governing your use of this feature of the App and / or Website. By downloading and/or installing and/or browsing or subscribing to this feature of the App / Website, you expressly accept the terms of this Subscriber Agreement. Please do not browse, download, install, subscribe or use this feature on the OTTplay App/ Website if you do not agree to these terms.
1. Eligibility
In order to subscribe to our Subscription services you must be at least 18 years of age. If you are a minor, you may only use the subscription service under adult guardian supervision.
2. Subscription
2.1 To use our OTTplay Subscription services you will have to have internet access, and a web enabled compatible device, and become a subscriber of the OTTplay Subscription service. Your subscription will continue or be valid for the duration as mentioned at the point of purchase under the Subscription section of our app/website. Any free trial period, if available, shall also be communicated in the said experience and shall be applied accordingly.
2.2 You may choose your subscription package plan out of the various subscription packages especially designed for you. Once you have chosen a subscription plan, you will have to add your basic minimum personal details and subscribe to the selected plan by making the necessary payment. However, it is clarified that the purchase of the subscription packages can be done / is allowed only within the territory of India.
2.3 While creating an account you will be required to share some of your personal information with us which will be used by us for the purpose of this Subscription Agreement and shall strictly be in terms of HMVLs Privacy Policy. We may share this information of yours with third parties including the content providers on case to case basis for the purpose of subscription services only, which shall be used by them in accordance with their respective privacy policies.
2.4 For subscribing to the OTTplay Subscription service, you will also be required to provide us with one or more payment methods. “Payment method” means a current, valid, accepted method of payment, as may be updated by you from time to time, and which will also include payment made from your account in conjunction with a third party.
2.5 We may change our subscription packages / plans and the pricing of our service from time to time. However, any changes to the pricing or the subscription package plan may be intimated to you, unless necessary, such changes shall apply on your next purchase or renewal of the subscription package.
2.6 Once you successfully subscribe to the Subscription plan/package, you can access the same on Android, iOS and OTTPlay App and Website. The content that you will be accessing to under these subscription package plans belongs to the respective content providers and shall be on As Is basis provided to you on subscription basis. The Terms of Use and Privacy Policy of the respective content providers shall also be applicable on you while you access and use the content through the OTTplay Subscription service in addition to this Agreement.
2.7 Further, the content available under the various subscription packages/plans is subject to the sole discretion of the content providers, under no circumstances shall HMVL/we be held responsible for non-availability / content parity viz-a-viz the content available on the respective platforms of the content providers.
2.8 Further, HMVL reserves the right to modify or discontinue OTTPlay Subscription service at its sole discretion with or without notice to YOU. HMVL shall not be liable to YOU or any third party in any manner, should HMVL exercise its right to modify or discontinue the OTTPlay Subscription service. Further, HMVL reserves the right, at any time, with or without notice and without any liability to:
(i) replace or otherwise withdraw Subscription Packages or Content,
(ii) change or reduce the number of hours of any Content
(iii) blackout any Content and
(iv) modify the prices for Subscription Packages or any part of OTTPlay Subscription service.
2.9 In the above scenarios, you may continue to get access to the content till the validity of your subscription package, however, it shall be in the sole discretion of the respective content provider to continue or discontinue your access to their content. Under no circumstances shall HMVL be held liable / responsible for any such loss, inconvenience caused to you.
2.10 The content available to you under your respective subscription package shall be for your personal and non-commercial usage only. You are advised to use this service within your household only and not to be shared or distributed otherwise. Your right to access the content shall be limited, non-exclusive and non-transferrable. You shall not use this content for any commercial purpose including but not limited to for any public performances.
2.11 Your access to the content shall be within the Territory of India only unless if any content provider has licenses for allowing access in territories outside India. However, this shall be subject to the sole discretion of the respective content providers. The number of devices on which you may access and or download the content shall be subject to the subscription package plan purchased by you and shall also depend upon the terms of use of the respective content provider.
2.12 Subject to the streaming rules of the content providers and basis their discretion, you may be able to log in to multiple devices with the same subscription id, however the content can be accessed / streamed concurrently only on two (02) devices. For certain specific partners like Zee5, SonyLIV and SunNXT their terms of use and rules for concurrent streaming of the content on devices. For Zee5 specifically, user can log-in to two (02) devices simultaneously, however the content of Zee5 can be streamed only on one device at a given point of time.
2.13 When you download content you may be able to do it with certain restrictions as imposed upon by the respective content providers and for limited durations including restrictions on the number of titles per account, number of devices etc.
3. Legal Basis for Personal Data Processing
3.1 HMVL collects and uses personal data for the purposes outlined in this Subscription Agreement and as stated shall be strictly in accordance with its Privacy policy. Processing of Personal Data that is necessary for the fulfilment of an Agreement with you is one of our legal basis for doing so (for example, to provide you with the services you request and to identify and authenticate you so you may use our Service); necessary to fit legal needs (for example, to comply applicable accounting rules and to create necessary disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you, to make sure the safety of our services, to speak with you regarding our merchandise and services); and supported consent by our customers (for example, to put sure cookies and to share your data with third parties for advertising purposes) including the content providers as and when required as stated in the Subscription section.
4. Payment and Termination
4.1 The subscription fee for our subscription package service and any other charges you may incur in connection with your use of the service, such as taxes and other processing charges, will be charged basis the periodicity of your subscription.
4.2 You remain responsible for any uncollected amounts pertaining to your subscription package. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees with additional transactional costs, you have to check with your Payment Method service provider for such details.
5. Billing & Cancellation
5.1 The subscription fee, as well as any other charges incurred in connection with the usage of the services, such as taxes and potential transaction fees, will be charged to your Payment Method on the payment date cited on the "My Subscription" page. The span or the specific time period of your billing cycle is determined by the type of subscription you selected while signing up for the service. In numerous situations, there might be a change in your payment date, for instance, the settlement of the Payment Gateway is not successful, in some cases, if you change your subscription plan, or if your paid subscription began on a day that is not included in a given month. You should visit the website and further must click on the “My Subscription” tab to get updated with your next payment date. When you register for the services for up-to one month, we may validate your Payment Method in advance of membership or service-related charges in a variety of ways, including authorizing it. In case, you sign up for a third-party Payment method, then the information for your OTT Play subscription will be available as on you log into your third-party account.
5.2 Unless you have cancelled your membership, you authorize us to charge your subsequent period’s subscription fee to your Payment method, on an auto renewal basis unless otherwise opted out.
5.3 You can cancel your membership at any time, and you will continue to have access to our service through the end of your billing period, unless the content is withdrawn by the respective content provider. To cancel your subscription package, you may go to My Profile > My Subscription > Manage Subscription and cancel your subscription plan/package. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods or unwatched content. If you cancel your subscription, it will come to an end automatically at the end of the billing period. In the event, where you have used third party services to create an account with us, or use our services, you will have to check your settings on such third-party services to ensure that your subscription is cancelled.
6. Subscriber’s Responsibility
3.1 HMVL collects and uses personal data for the purposes outlined in this Subscription Agreement and as stated shall be strictly in accordance with its Privacy policy. Processing of Personal Data that is necessary for the fulfilment of an Agreement with you is one of our legal basis for doing so (for example, to provide you with the services you request and to identify and authenticate you so you may use our Service); necessary to fit legal needs (for example, to comply applicable accounting rules and to create necessary disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you, to make sure the safety of our services, to speak with you regarding our merchandise and services); and supported consent by our customers (for example, to put sure cookies and to share your data with third parties for advertising purposes) including the content providers as and when required as stated in the Subscription section.
  • You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    (a) belongs to another person and to which You does not have any right to;
    (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;
    (c) is misleading in any way;
    (d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    (e) harasses or advocates harassment of another person;
    (f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
    (g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    (h) infringes upon or violates any third partys rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a persons name, email address, physical address or phone number) or rights of publicity;
    (i) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    (j) contains video, photographs, or images of another person (with a minor or an adult).
    (k) tries to gain unauthorized access or exceeds the scope of authorized access to the Webpage or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Webpage or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    (l) engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Webpage. Throughout these Terms of Use, prior written consent means a communication coming from Savex, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
    (m) solicits gambling or engages in any gambling activity which could be construed as being illegal;
    (n) impersonate another person;
    (o) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
6.2 You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of OTTplay Subscription service including the OTTplay App or website or any content or information available thereon, or in any way reproduce or circumvent the navigational structure or presentation of the app or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the app.
6.3 The subscribers are ought to provide the correct and complete information of themselves without any false or untrue identity or age and personification. You shall not do anything that is likely to compromise the goodwill or reputation of HMVL or any of its affiliates or group companies, the Site(s)/ App(s), or any of the content running or being promoted on the Site(s)/ App(s), or any of the material running or being promoted on the Site(s)/ App(s) (including, without limitation, any movie, television programme or other initiative).
6.4 Your usage of the content shall be strictly in compliance with applicable laws and for personal usage only. You shall not misuse, sell, store, commit any act of piracy of any content, reverse engineer the App / Site etc in any manner for personal gain and achievement, if found guilty, strict legal actions will be taken against you in addition to cancellation of your Subscription package with immediate effect.
6.5 You shall under no circumstance by any act or omission of yours, infringe the intellectual property rights of any third party including the content providers. Your usage and access of the content shall be strictly in terms of this Agreement and the terms of use of the respective content providers.
7. Agreement Changes
7.1 We reserve the right to change the terms of this Subscriber Agreement and Privacy policy, as well as any aspect of the subscription package service, at any time and with or without any notice to you.
7.2 If any provision of these terms is determined to be defective, void, or unenforceable for any reason, that provision is severable and has no bearing on the legality or enforceability of the other provisions.
7.3 After the changes made, we expect your acceptance otherwise you may cancel the subscription if you do not agree with the changes.
8. Termination by Us
We reserve the right to cancel your subscription at any time and without notice, if we have reasons to believe or suspect that you have committed any act which is against your Subscriber responsibilities as stated in the above clause amounting to violation of the terms of this Agreement or against any applicable law, including fraud or misuse of content or re-use of content in an unauthorized manner. Further there shall be no refunds that will be processed for such termination rather we or the respective content provider may in their absolute sole discretion implead against you for such violations.
9. Miscellaneous
9.1 The Privacy Policy (as published on the Site(s)/ Apps(s)), as well as any other papers, instructions, or other materials available on the Site(s)/ Apps(s), must be read in conjunction with these Subscriber Agreement and are considered an internal part of them.
10. Disclaimers
10.1 You agree that your usage of this Site / App is at your sole risk and discretion and the content provided is on As Is basis with all faults and as available or as provided by the respective content providers. We expressly disclaim any and all warranties of any kind, whether express or implied including warranties of merchantability, fitness for a particular purpose and non-infringement.
10.2 We do not represent or warrant that this site /App is without any error or inaccuracies or virus free or will work without any interruption at all times.
10.3 The content available under each of the subscription packages is on As Is basis, as provided by the content providers and belongs to them. Any concerns, claims, issues that you may have with the content so available shall be directly raised / addressed to the respective content providers through their customer care centers / grievance officers or any other methodology as mentioned on their websites. HMVL expressly disclaims any and all liabilities / responsibilities associated / related to / arising out of the use/consumption of the said content on OTTplay platform.
10.4The content available on our app / site is for the personal enjoyment of the subscriber any usage other than this purpose shall be unauthorized and subject to appropriate action against the subscribers.
10.5 It is the complete responsibility of the subscriber on how and what to interpret out of the content and if any content is not withstanding with the interest of the subscriber, then the only sole remedy is to stop the usage of the content or the app or site.
11. Indemnification
You agree to indemnify and hold harmless HMVL and its affiliates and their respective directors, officers, employees, representatives etc including the content providers from and against any and all claims, liabilities, losses, cost, expenses, fees (including reasonable lawyers fees and cost) that such parties, as mentioned hereinabove may incur as a result of or arising from (i) your breach of any terms of this Subscriber Agreement; or (ii) breach of intellectual property rights of any third party; (iii) breach of privacy or publicity right; (iv) violation of applicable laws; and (v) your willful misconduct and gross negligence. This indemnification shall survive the termination of this Subscriber agreement or your Subscription package including you withdrawing to use the Site/app at your sole discretion.
12. Limitation of Liabilities
12.1 HMVL or its affiliates, officers, directors, employees, representatives shall not be liable for any of the following losses or damages (whether such losses where foreseen, foreseeable, known or otherwise) caused to you:
(a) loss of data.
(b) loss of revenue or anticipated profits.
(c) loss of business.
(d) loss of opportunity.
(e) loss of goodwill or injury to reputation.
(f) losses suffered by third parties; or
(g) any indirect, consequential, special, or exemplary damages arising from the use of this App/ Site regardless of the form of action.
12.2 You must take your own precaution in this respect, as we accept no responsibility for any infection by virus, by other contamination or by anything that has destructive properties
13. Third Party Material on App/Site
You will see advertising material submitted by third parties on the app/Site. Advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission, or inaccuracy therein and any claims including third party claims/liabilities/issues/damages arising due to such advertising materials shall solely lie against the respective third party advertisement provider.
14. Terms of use and Privacy policies of Content Providers
The Content provided through this App/Site are on as is basis as provided to us by respective content providers. In addition to these terms here you shall also be governed by the terms of use and privacy policies of the respective content providers.
15. Force Majeure
HMVL shall not be liable for any failure and/or delay on their part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by You by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of HMVL, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake , explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the OTTplay app and/or contents provided for availing the services hereinunder, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of HMVL.
16. Communication
16.1 We shall from time to time send you information related to your account including payment, invoices, password changes, notices or any other related information in the electronic form on your email provided to us at the time of account creation or through SMS on your registered mobile number.
16.2 By providing us your mobile number, you agree and provide us your explicit consent to receive any information from us including promotional or transactional. In case you are registered under DND, this consent of yours shall be deemed to be an exclusion from the DND service.
16.3 Further, we may also send you marketing communications or offers including updated subscription packages. This may be sent by us or the authorized third parties on our behalf including the content providers.
17. Safety
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address). Please do not include postal addresses of any kind while providing your information. We also advise you not to disclose your passwords to any third person to avoid misuse of your account.
18. Governing Law & Jurisdiction
These terms shall be governed by and interpreted in accordance with the laws of India and especially the Information Technology Act, 2000. All relevant rules, regulations, directions, orders and notifications will also apply. Unless otherwise specified, the content on this app/Site is presented solely for use and access for people residing in India. We make no representation that content/information in the app/Site are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India may do so on their own initiative and we shall not be responsible any inconvenience including any loss or damage caused to such user, compliance with local laws, if and to the extent local laws are applicable.
19. Notice for Grievances
If you have any grievances, you may send a notice to the Grievance Redressal Officer. We shall try to resolve the grievances as per timelines prescribed in applicable law.
Grievance Officer: Zafar Sawant
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