Terms of Use

 

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This is a legal and binding agreement between you, the user ("User" or "You") of the Services, as defined below, and Novi Digital Entertainment Private Limited (formerly known as Indya Interactive Services Private Limited) stating the terms that govern Your use of the Site (as defined below), as defined below. BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS WEBSITE, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy accessible at www.hotstar.com/terms-of-use and www.hotstar.com/privacy-policy respectively and any other terms which govern the Site (together referred to as "Terms of Use" or "Terms" or "Terms and Conditions") AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT ENTITLED TO AVAIL OF / USE THE SERVICES AND ANY USE THEREAFTER SHALL BE UNAUTHORIZED.

 

Description of Service and Acceptance of Terms of Use

 

Novi Digital Entertainment Private Limited (formerly known as Indya Interactive Services Private Limited) is a company incorporated under the Companies Act, 1956, having its registered office at STAR House, Urmi Estate, 95 Ganpatrao Kadam Marg, Lower Parel (West), Mumbai- 400013, India ("Novi").

 

Novi inter alia provides an online website 'www.hotstar.com' as an interactive platform for its viewers and any associated mobile sites, applications ("Site") to inter alia view serials and programs, films, sports content including live sports content, trailers of upcoming serials, view videos and/or photos of their favorite characters on serials, read recaps of serials, international content including viewing schedules of content offered etc. on the Site and any other features, tools, applications, materials, or other services offered from time to time by Novi in connection with its business, provided on the Site ("Novi Content") and includes posting of comments, participation in contests. The Site may also provide you content by integrating services and application of other audio video streaming platforms (“Partner Content”) and/or provide hosting service to third parties to display their content (“Third Party Content”) (all such features of the Site collectively referred to as "Services"). 'Content' will hence consist of 'Novi Content', Partner Content and 'Third Party Content'. Currently Novi provides Partner Content from HOOQ and it may continue to include such additional Partner Content from other parties, from time to time. Specifically, for more information in relation to Partner Content of HOOQ (including the terms of use relating specifically to HOOQ service), you may refer to the following URL :- https://www.hooq.tv/terms-of-use .

 

Novi Content and the Partner Content will be made available to You through different modes, at the discretion of Novi, including via video on demand basis for viewing at the User's discretion at a time chosen by You and download for offline viewing by You. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to Novi's sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this Site and the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Site and availing of the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Site and the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that Novi may monitor or use certain technologies for monitoring of activities including logging of Your IP address to ascertain and verify Your geographical location. To facilitate Your viewership and access, the Services can be packaged by Novi through different models such as, Content or Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee or (c) a pay-per-view model with or without advertisements/commercials or (d) with a combination of the foregoing on the Site.

 

The Service can be availed through platforms, software and devices, which Novi approves from time to time, the current list for which is as set out below ("Compatible System"). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future.

 

The Hotstar website works best with:

·       Latest version of Google Chrome

·       Latest version of Firefox

·       Latest version of Safari

·       Microsoft Windows XP or above / MAC OS 10.2 or above

·       Latest version of Adobe Flash Player

·       JavaScript and cookies enabled

 

The Hotstar applications work best with a minimum system requirement of:

·       Android v.4.0

·       iOS 8

 

Subject to compatibility, You may be able to access the Services through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by Novi ("Partner").

 

Use of the Services is subject to compliance with these Terms of Use.

 

Unless otherwise specified, the Services is available for individuals who have attained the age of majority in their jurisdiction; in the case of India, this service is restricted to Users who are  aged 18 years or older. If You are under the relevant age of majority in Your jurisdiction, You may access the Site and the Services under the supervision of an adult and in accordance with applicable law which enables a minor in your jurisdiction to access such a service.

 

SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE. Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws, rules, and regulations.

 

Participation in any contest and or game on the Site conducted by Novi or viewing of certain Content may be subject to further terms and conditions as may be notified by Novi from time to time on the Site or otherwise.

India vs South Africa 2019 Watch N Play Terms and Conditions

Pro Kabaddi League 2019 Watch N Play Terms and Conditions

World Cup 2019 Watch N Play Terms and Conditions

IPL 2019 Watch N Play Terms and Conditions

India Vs. Australia Watch N Play Terms and Conditions

 

Electronic Communications

 

When You use / avail the Services or send any data, information or communication to Novi, You agree and understand that You are communicating with Novi through electronic media/ records and You consent to receive communications via electronic records from Novi periodically and as and when required. Novi will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with Novi or made available to Novi through a Partner which will be deemed adequate service of notice / electronic record.

 

You acknowledge and specifically consent to Novi or our respective affiliates and partners contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes, which will enable Novi to deliver the Services to you and/or enhance the delivery of the Services to you:

 

·       To obtain feedback regarding the Service;

·       To contact you for offering new products or services, whether offered by us, or our respective affiliates or partners.

 

You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You including via emails or other electronic and internet-based means.

 

In addition, you will be sent a one-time password via SMS to your registered mobile number, to verify your login on the Hotstar Platform using a mobile number.

 

The Content contained in the Services including but not limited to on the Site is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms and Conditions, without the written permission of Novi.

 

Subscription Services

 

Some of the Content made available on the Site can be availed only by registered Users who have registered under a subscription model ("Subscription User"). You may need to register Yourself on the Site to avail these services on a subscription model ("Subscription"). To become a Subscription User, You may be required to provide certain personal information to Novi and may be required to make payments ("Subscription Fee") as per the applicable membership plan through a debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by Novi ("Payment Method(s)") that You opted for during registration. Novi will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to Novi. For ‘Hotstar VIP’ Subscription proposed to be activated through Your registered mobile number, in addition to the above Payment Methods, cash on delivery payment option would be available to You, subject to the terms and conditions set out herein. On successful registration to the Subscription, Novi will intimate You of the same. Novi may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary. You may choose more than 1 Subscription plan during a given period.

Novi currently offers viewers the following Subscription plans to choose from:

(1) all access premium subscription pack, and

(2) limited subscription packs with full access to certain Content, including Hotstar VIP.

 

Novi shall have the discretion to make certain Content that is a part of the Subscription available to You on more than one end user Compatible System concurrently. Novi shall also have the discretion to make certain Content that is a part of the Subscription available to You on not more than one end user device concurrently.

 

Free Trial

 

Some of the Subscription plans may start with a free trial. The free trial period may last for a period of one month or such other term as may be determined by Novi. Your eligibility for a free trial including the time for such free trial and the Content available to be viewed during free trial period is at the discretion of Novi and such free trial can be modified, suspended or terminated by Novi at any point of time without giving notice to You. 

 

In case You are eligible for any free trial, Novi may charge You a token amount of money at the time of Your registration for the Subscription plan. This token amount will be refunded to You once Novi receives the confirmation from the third party payment gateway provider that Your Payment Method has been registered.

 

Payments

 

Novi will automatically start billing as per Your selected Payment Method for the Subscription plan elected by You at the time of registration through the third party payment gateway at the end of the free trial period, if applicable unless You cancel the Subscription before the end of the free trial period. The cancellation of the Subscription can be done through the "My Account" section of the Site. It may take a few days for Your payment made to Novi to be reflected in your "My Account" section.

 

In case You cancel Your Subscription before the end of the free trial period, You will not be entitled to any compensation monetary or otherwise from Novi for the unutilized period of free trial.

 

You cannot change your Payment Method during the tenure of your Subscription. If Your selected Payment Method is no longer available or expires or Your Payment Method fails for whatsoever reason, You will be responsible and liable for any uncollected amounts and Novi reserves the right to terminate the Subscription offered to You.

 

The Subscription Fee will be billed at the beginning of Your Subscription membership or at the end of free trial period, as applicable and on each subsequent renewal automatically (as per the Subscription plan chosen by You) unless and until You cancel Your Subscription or the Subscription  is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for Your next renewal period or to cancel Your subscription to the Subscription, You need to visit the "My Account" section on Your profile page. On cancellation of Subscription You will be notified by Novi.

 

Novi will be automatically billing as per Your Payment Method for each Subscription period on a monthly basis. However, if You change Your membership plan, this could result in changing the day on which You are billed and the amount which You are billed. Further, on changing your existing Subscription plan to another, you would be required to pay the difference in rates (on a pro rata basis) for the new Subscription plan selected, and would be billed as per the new Subscription plan from the next billing / renewal cycle. In case the rate for the new Subscription plan is less than that of the existing Subscription plan, the difference in rates would be adjusted (on a pro rata basis) and you will be billed accordingly from the next billing / renewal cycle. Novi will notify you in advance of the change in the Subscription Fee payable.

 

In case of change in the Subscription Fee for a particular membership plan that is already opted by You, Novi will give You an advance notice of these changes.

 

The Subscription Fees specified for each Subscription plan are inclusive of applicable taxes.

 

The Subscription Fees billed are non-refundable irrespective of whether the Subscription have been availed by You or not.

 

Any changes in the Subscription Plan opted by You is effective only after the expiry of the current Subscription period for which You have already been billed. Accordingly, the Subscription as per revised plan opted by You shall be effective only after the expiry of the then current Subscription period.

 

Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail You with a refund for any portion of the Subscription Fee paid by You for the unexpired period.

 

You also understand and acknowledge that Novi only facilitates the third party payment gateway for processing of payments. This facility is managed by the third party payment gateway provider and You are required to follow all the terms and conditions of such third party payment gateway provider.

 

You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and any other information requested during the subscription process. You agree and acknowledge that Novi shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

 

You can access the status of Your Subscription anytime through the "My Account" section on Your profile page.

You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third party payment gateway provider for redressal.

 

Upon payment through any of the Payment Modes and confirmation of receipt of such payment from the payment gateway provider, an invoice will be made available to You in the "MY Account" section which can be downloaded by You in pdf format.

 

Upon payment being received by Novi through any of the Payment Method, Novi shall make the Subscription available to You through any of the approved modes of delivery that Novi adopts.

 

It is hereby clarified that the Subscription offered to You are offered by Novi and not by any third party including any payment gateway service providers.

 

Novi reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments.

 

Novi reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. Novi does not guarantee the availability of a specific Content or a minimum Content that is subject to a Subscription Fee.

 

Post cancellation of Your Subscription, if you wish to re-subscribe to the Subscription, you may do so from Your "My Account" page.

 

Cash on Delivery

• Cash on delivery is only available as a payment method for the ‘Hotstar VIP’ Subscription which is proposed to be activated through Your registered mobile number.

• Cash on delivery can be paid using only cash.

• 'Cash on delivery' is not yet available for all pin codes and areas. This is due to limitations of courier services/collection agents we use. Please use the pin code locator in the checkout screen to check if Your pin code or area is covered.

• You can subscribe to the ‘Hotstar VIP’ Subscription with Your registered mobile number, using the cash on delivery method only once (whether successful or unsuccessful).

• You will be sent a one-time password via SMS to Your registered mobile number, to verify your login on the Hotstar Platform using a mobile number.

• Upon selection of the ‘Hotstar VIP’ Subscription and payment method as cash on delivery, Your Hotstar VIP Subscription shall commence and you shall receive a SMS on Your registered mobile number confirming the commencement of the Hotstar VIP Subscription (“Subscription Commencement”). By selecting the cash on delivery payment option You confirm and acknowledge that You are 18 years of age.

• The collection agent/courier service shall first attempt to collect the cash from You within forty-eight (48) hours of the Subscription Commencement. In the event the collection agent/courier service is unsuccessful in collecting the cash, then the collection agent/courier service shall attempt to collect the cash within the next twenty-four (24) hours. Subsequently, Novi may get in touch with You to schedule a pick-up of the cash by the collection agent/courier service (“Scheduled Pick-Up”). However, Novi reserves the right to terminate Your ‘Hotstar VIP’ Subscription, at its sole discretion, in the event the cash has not been collected from You: (i) within seventy two (72) hours of the Subscription Commencement; or (ii) on the day of the Scheduled Pick-Up as stated above. You hereby agree and consent to the above and agree and acknowledge that Novi can, at its sole discretion, exercise its right above, and that Novi, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same.

• Upon successful pick-up of the cash for Your ‘Hotstar VIP’ Subscription, You will be sent a confirmation via SMS to Your registered mobile number.

• In the event of a failure to collect cash by the courier service/collection agent up within the time period set out above or a refusal by You to make the payment of the cash, You will be sent a notification via SMS to Your registered mobile number to inform You that Your Subscription has been terminated.

• In case of: (i) failure to subscribe to the ‘Hotstar VIP’ Subscription with Your registered mobile number, using the cash on delivery method once; (ii) renewal of ‘Hotstar VIP’ Subscription after using the cash on delivery method once, any other payment method provided above can be availed.

 

Access and Use of the Services

 

Limited use:

You are given a limited, non-exclusive, non-transferable, non-sub-licensable, revocable permission to view the Site and avail the Service during the subsistence of Your Account with Novi for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions and no right, title or interest in any Content will be deemed transferred to You.

 

 

By agreeing to use/avail the Services:

 

·       You confirm and warrant that all the data and information supplied by You when You register (if applicable) and provided by You to Novi and or any Novi's affiliates, distributors ("Registration Data") is true, current, complete and accurate in all respects.

·       You agree to promptly update Your Registration Data, so that Your information remains true, current, complete, and accurate at all times.

·       You acknowledge and agree that Your Registration Data and any other personal data collected by Novi is subject to Novi's Privacy Policy. For more information, view the full Privacy Policy. Novi may collect information such as occupation, language, pincode, State Name, area code, unique device identifier, mobile application installation information, geo-location, and the time zone where the Services are used and may use these to target advertising and make content recommendations, and to provide you with a bespoke and personalized user experience.

·       You agree that certain other data may be collected / recorded from your device via the Site by Novi and  third parties engaged by Novi, in accordance with the terms and for the purposes specified in Novi’s Privacy Policy. This data may be collected / recorded sometimes when the Site is in the background and will use data on your device, for which You may be charged in accordance with Your applicable data/broadband tariff plans.   

·       You acknowledge, consent and agree that Novi may access, preserve, transfer and disclose Your account information and/or User Material (see below) subject to the Privacy Policy, if required to do so by law to co-operate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/or any applicable law in the territory; (b) enforce the Terms and Conditions; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of Novi, affiliates, its users and the public.

·       You agree that Novi has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason and shall be under no liability to You in such an event. Novi may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. Novi will restore access to the Services as soon as reasonably practicable after temporary suspension.

·       You agree that Novi shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Novi.

·       You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable law.

·       You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.

·       You agree that Novi and/or its affiliates or licensors owns and/or retains all rights to the Services and the Novi Content throughout the territory of the world in perpetuity. You further agree that the Novi Content You access and view as part of the Services is owned or controlled by Novi, its affiliates and or its licensors. The Services and the Novi Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.

·       You agree that third parties and/or its affiliates or licensors owns and/or retains all rights to the Third Party Content. The Third Party Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.

·       Except as provided in these Terms (or otherwise expressly provided by Novi), You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services. You further agree not to use the Services to:

- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;

- Harass or harm another person;

- Exploit or endanger a minor;

- Impersonate or attempt to impersonate any person or entity;

- Violate any patent, trademark, trade secret, copyright, 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 Site, the application for accessing the Content, or the Novi Services;

- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Novi Services, including Novi's servers, networks or accounts;

- Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Novi Services or the Content;

- Delete or revise any information provided by or pertaining to any other user of the Novi Services.

·       Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Novi Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Novi Services or the Site;

- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Novi Services. If You do so, You acknowledge You will have caused substantial harm to Novi, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, You agree to pay Company INR 500 (Indian rupees five hundred only) for each actual or intended recipient of such communication without prejudice to any other rights of action that Novi may have against You in law or equity;

- Solicit, collect or request any personal information for commercial or unlawful purposes;

- Post, upload or otherwise transmit an image or video of another person without that person's consent;

- 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 Novi's prior written consent;

- Use technology or other means to access, index, frame, or link to the Site (including the Content) that is not authorized by Novi;

- Access the Site/application/Service (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

- Use the Services to advertise or promote competing services;

- Use the Services in a manner inconsistent with any and all applicable law;

- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.

·       You are responsible for the security and proper use of Your unique user ID and password that You enter while registering on the Site or on the Partner's website or application and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people.

·       You agree that Your use of the Services and the Content may give You the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms and Conditions. You agree that You will not misuse the Content and/or other user material You access and view as part of the Service, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of Novi's/ or its licensor's / or third party’s copyright, trademark design, patent, and other intellectual property including any rights of Novi or its licensors or any third party subsisting in the Content. You further agree that You will not copy/record/edit/modify any of the Content You access and view as part of the Service, for any purpose, and/or copy/record/edit/modify any Content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever.

·       You further agree that You shall not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User Material (defined below) or articles, of the Site on any other website, webpage or software, whatsoever.

·       You agree that the Content provided on the Site is strictly for Your private viewing only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the Content provided on the Site to any other person(s), or in any manner communicate such Content to the public.

 

In case the Site allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of Novi or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.

 

You may encounter third party applications while using the Site including, without limitation, websites, widgets, software, services that interact with the Site. Your use of these third party applications shall be subject to such third party terms of use or license terms. Novi shall not be liable for any representations or warranties or obligations made by such third party applications to You under contract or law.

 

Termination of Service

 

Novi reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if Novi so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that Novi can, at its sole discretion, exercise its right in relation to any or all of the above, and that Novi, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same.

 

User Reviews, Comments and Other Material

 

You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments (collectively, "User Material"). As it concerns User Material, without prejudice to Your obligation to otherwise comply with applicable laws during the course of using the Services, You agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Site or Services.

 

You agree that Novi shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Novi may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that Novi reserves the right to investigate and take appropriate legal action against anyone who, in Novi's sole discretion, violates these Terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content and/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity. In addition to the restrictions set forth above, You must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that:

 

(a) belongs to another person and to which You do not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatsoever;

(c) harms minors in any way;

(d) infringes any patent, trademark, design, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonates another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defense, 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. You also represent and warrant that the Posting of Your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.

 

You acknowledge that the User Material is not confidential and that You have no expectation of privacy in it.

 

In no event does Novi assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against Novi with respect to such User Material.

 

This Site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of Novi, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of this Site.

Linked Destinations

 

Part of this Site/Service contains links to third party sites and third party content. You agree and acknowledge that Novi does not endorse or sponsor such third party sites, content, advertising or other material on such third party sites.

 

If Novi provides links or pointers to other websites or destinations, You should not infer or assume that Novi operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the Services, Novi will not warn You that You have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that You have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before You provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions and/or Privacy Policy to govern Your use of another website or destination.

 

Novi is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Novi. By using the Services, You acknowledge and agree that Novi is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.

 

Advertising

 

Novi expressly disclaim any liability arising out of the advertisements, usage or viewing of these products or services advertised on our Site or the (third party) content made available / hosted on the third party sites.

 

Novi takes no responsibility for advertisements or any third party material posted on the Site nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Novi is not liable for any loss or claim that You may have against an advertiser.

 

Third Party Content

 

Novi’s role is limited to providing a communication platform along with hosting services to third parties, to enable the transmission of the Third Party Content directly from third parties to You. The Third Party Content on the Site is directly uploaded onto the Site by third parties who avail of Novi’s hosting services, without any intervention from Novi in the uploading / transmission process. Novi’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the Third Party Content. Being an intermediary, Novi has no responsibility and / or liability in respect of any Third Party Content on the Site, including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law.

 

Novi does not endorse, market, advertise or publicize any Third Party Content on the Site and is not responsible or liable for any Third Party Content. Novi’s role is limited to notifying You of the availability of the Third Party Content on the Site.

 

Novi does not pre-screen the Third Party Content and has no obligation to monitor any Third Party Content. Hence, Novi does not have actual or specific knowledge of any Third Party Content on the Site. However Novi at its discretion and in accordance with applicable law may monitor any Third Party Content and may remove any Third Party Content from the Site if Novi determines in its sole discretion that such Third Party Content is in violation of this Agreement or any applicable law. Novi, at its discretion, may review the Third Party Content when, and only when, complaints are received from You. Such actions do not in any manner negate or dilute Novi’s position as an intermediary or impose any liability on Novi with respect to Third Party Content.

 

Novi will consider all communications, requests and suggestions sent by You and other members of the public provided that such communications are sent in a bona fide manner in good faith in the interest of the Site and public good. However Novi is not under any obligation to act on any such communications, requests and suggestions or respond to any one. Novi’s decision in this respect shall be final. Specifically, if any such request relates to a request / demand to take down/ disable/ remove/ delete any Third Party Content in the Site, Novi is under no legal obligation to respond to or act on such requests. Novi will take such action as Novi is required to take under applicable law. If there is any valid court order or administrative order issued requiring Novi to take any action, then Novi will comply with such court order or administrative order.

 

Support

 

1. Site or Services

If You have any questions, complaints or claims with respect to the Site and/or Services and/or Content, then such correspondence should be directed to

Novi Digital Entertainment Private Limited at – hello@hotstar.com

 

2. Content

If You have any concerns, complaints or grievances with respect to the Content, please contact the following identified officer from our CRM Team who will examine the complaint and take appropriate next steps.

Name: Manu Anand

Email Address:  hello@hotstar.com

 

3. User Material

If You have any complaints relating to any thirdparty User Material uploaded on the Site, then please contact hello@hotstar.com

Your email, which must bear Your digital signature or a signed written complaint, should include the following information:

1. Details of the objectionable user material or content;

2. Details of the Basis of the objection;

3. What relief is being requested;

4. All other relevant information required by Novi to assess the complaint.

Novi shall on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law. You agree and acknowledge that Novi's responsibility in relation to objectionable User Material is limited to removing them post receipt of Your objections in accordance with these Terms of Use and Novi shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.

Disclaimer of Warranties

 

You agree that use of the Services and the access to the Site is at Your own risk. The Services including the Site, the Content, the video player, User Material and any other materials contained on or provided through the Site are provided "AS IS" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Novi does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.

 

Limitation of Liability

 

IN NO CASE SHALL NOVI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. NOVI’S MONETARY LIABILITY FOR THE SERVICES OR THE CONTENT OR MATERIAL THEREOF ON THE SITE  SHALL BE LIMITED TO INR 1000. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, NOVI'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity

 

You agree to defend, indemnify and hold harmless Novi, its affiliates, officers, directors, 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: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.

 

Governing Law and Jurisdiction

 

The relationship between You and Novi shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) Novi has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before the courts at Mumbai, India.

 

Severability

 

If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

 

Changes

 

Novi reserves the right, at any time and from time to time, without prior notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as "Revised Terms") will be posted on the Site and will be effective immediately after such posting. We recommend that you periodically check the Site for the Revised Terms Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Revised Terms.

 

Survival

 

You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.

 

Entire Agreement

 

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Novi governing Your use of the Services, superseding any prior agreements between You and Novi regarding such use.