This Terms and Conditions (this “Agreement or Terms”) shall governs your use of products including services from Hindustan Media Ventures Limited, OTTplay platform (“HMVL”, “or “we” or “us”) as offered from time to time, unless other terms and conditions expressly govern. The User(s) of the OTTplay App / website ("User"/ “You”) must carefully read and agree to the following Terms including any future amendments before using the App / website. The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the website for any purpose (commercial or non-commercial).
These Terms govern User’s access to and use of the website, mobile application or other platform where these Terms are posted (“Site”). By using or connecting to the Site through a third party or by accessing, browsing, or using the Site in any manner, User(s) agree to be bound to these Terms and our Privacy Policy, whether or not User registered/member with us. We/HMVL/ reserve the right to deny access to any person who violates these Terms. If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the website in any manner.
We will do our utmost to ensure that availability of the Site is uninterrupted and that transmission is error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, User(s) access to the Site/App may also be occasionally suspended or restricted to allow for repairs, maintenance, or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
User(s) represent and warrant that they have the right to avail or use the Product provided by HMVL, including but limited to the website or any other services which may be provided by HMVL in relation to the use of the Site/App ("Product "). HMVL Product can only be availed by those individuals, which are authorised under applicable law to form legally binding agreements. User(s) may use this Web Site/App and/or Products herein solely for personal purposes. Any commercial gain from the use of the Site/App and/or any the Product herein is prohibited and punishable under applicable law.
The User(s) shall do its own due diligence before entering into any transaction or purchase of any Product on the website/App. HMVL Product shall not available to User(s) whose accounts have been temporarily or indefinitely suspended by HMVL.
To become a registered User(s) of the Web Site/App a proper procedure has been made available on the Web Site/App which is for the convenience of User(s) so that they can easily use the website/App.
User(s) can become registered User(s) by filling an on-line registration form on the Web Site/App by providing the required information (including name, contact information, etc.). HMVL will establish an account ("Account") for the User(s) upon successful registration and will assign a user alias ("User ID") and password ("Password") for log-in access to the User(s)’s Account.
User(s) registering on the Web Site on behalf of another User represent and warrant that: (a) they have the requisite authority to bind such User under this Agreement all information provided to HMVL during the registration process is true, accurate, current and complete.
User(s) agree that by registering on the Site or website/App, they consent to the inclusion of their personal data in HMVL on-line database and authorize HMVL to share such information with other User(s). HMVL may refuse registration and deny participation and associated User ID and Password to any User(s) for whatever reason. HMVL may suspend or terminate a registered membership at any time without any prior notification in interest of HMVL or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on HMVL of whatsoever nature due to the suspension or termination of the User account.
The term “Product" shall mean and refer to the HMVL Product, for the Users to enroll.
The User is required to enroll and participate in the Product for the use of Product. We may change, suspend or discontinue any aspect of Product at any time. We may also impose or limit any feature or restrict access to parts or all of the Product without notice or liability. We reserve the right to modify the Product at any time, without any prior approval or consent from the User(s).
All materials or Products published or available (including, but not limited to text, photographs, graphics, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, arrangement & assembly, all also known as the "Content") are protected by copyright, property and owned or controlled by us or the party credited as the provider of the Content. User shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Products. We grant User a limited, non-exclusive, non-transferable right to access the Product and Content. Except for the foregoing, no right, title or interest shall be transferred to User.
User must not copy, sell, reproduce, republish, upload, post, modify or modify the said Content, transmit or distribute such Content in any way, including by e-mail or other electronic means and whether directly or indirectly and User must not assist any other person to do so. Without the prior written consent of the owner, modification of the Content and or use of the Content on any other website or networked computer environment or use of the Content for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which User receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. User shall not copy or adapt our code that is created to generate any Content or the pages making up any of its website which is also protected by our copyright.
Further, User(s) may also avail the Subscription of variety of OTT Content under the “Premium” tab which offers subscription to the content offered by various OTT content providers (“Service Providers”) on As Is basis. In order to avail this feature User(s) will have to accept the terms and conditions of the Subscriber Agreement available at _____________________. The Content belongs to the respective Service Providers, they are the owners/licensees of the content and HMVL shall not in any manner be responsible for the said content. Any grievances as regard the content to be raised by he User directly to the respective Service Providers through their customer care centres / grievance officers.
By using the HMVL Product, User hereby agrees and indicates that he or she has understand the disclosure practices described in the Privacy Policy. Personal information supplied by User(s) during the use of the Web Site is governed by HMVL Privacy Policy. Notwithstanding User’s registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), User hereby expresses his or her interest and accord its willful consent to receive communication (including commercial communication) in relation to Products provided by us. User further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and User has specifically opted to receive communication in this regard on the telephone or mobile number provided by him or her.
USER HEREBY AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS, AVAILABLE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND HT SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without prejudice to the forgoing paragraph, we do not warrant that:
This Site will be constantly available or available at all; or the information on this Site is complete, true, accurate or non-misleading.
We will not be liable to User in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Site. We does not warrant that this Site; information, Content, materials, Product (including software) or Services included on or otherwise made available to User through the Site; their servers; or electronic communication sent from us are free of viruses or other harmful components. All the Contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision.
The information from or through this Site is provided on "AS IS" basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, Service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded. Certain links on the Site lead to resources located on servers maintained by third parties over whom we have no control or connection, business or otherwise as these Sites are external to us. User hereby agrees and understands that by visiting such Sites User is beyond the HT’s website. We therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/Services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these Sites.
HINDUSTAN MEDIA VENTURES LIMITED AND ITS AFFILIATES AND THEIR RESPECTIVE, DIRECTORS, OFFICERS, EMPLOYEES, CONTENT PROVIDERS, AGENTS ("THE HT PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO USER OR ANY OTHER PERSON AS A RESULT OF ACCESS OR USE OF THE PRODUCTS OR SERVICES OR CONTENT, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE HT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
Indemnity: User shall indemnify and hold harmless HMVL its owner, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys fees, made by any third party or penalty imposed due to or arising out of User breach of this Terms of Use, Privacy Policy and other Policies, or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
When User visits the Site, User is communicating with us electronically. User will be required to provide a valid phone number or e-mail while placing an order with us. We may communicate with User by e-mail, SMS, phone call or by any other mode of communication. For contractual purposes, User consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to User use of the Site and/or User order placed on the Site.
Age: The services of OTT Play is only available for persons who have attained the age of majority, i.e., the age of 18 and is expressly restricted to persons below the age of 18, i.e., minors. By using and/ or interacting with OTT Play, you represent and warrant that you are 18 years of age or older. In case of access or usage of Site/ App by a minor i.e. under the age of 18 years, such access or usage shall be under strict supervision of a parent or guardian.
Content Classification: The content available on OTT Play is classified based on its nature and type and the age group to which such content is restricted. Under applicable laws, such classification is provided by the publisher of such content and has no involvement of OTT Play. we disclaims any and all liability with respect to such classification.
Content Rated A for Mature Audience (18+) Only: Some content available on OTT Play may not be appropriate for persons below the age of 18 (minors) and parents or guardians are advised to exercise discretion and strict supervision. It shall be the obligation of such parent/ guardian to ensure that minors do not have access to content on OTT Play which is meant for mature audience only.
Content Review and Rating: With a view to enhance User experience, we may review the content available on OTT Play and rate it according to such review. However, this rating and review system must not be confused with content classification under applicable laws. We disclaim any and all liability with respect to such reviews and rating.
Applicable Law: Terms of Use and all the disputes arising between the User and HMVL shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.