This is a legal and binding agreement between you, the user ("User" or "You") of the Services, as defined below, and Star Advertising Sales Limited ("Star UK") stating the terms that govern Your use of the Hotstar UK Platform (collectively, "the sites", "Website", "Platform"), as defined below.
Star UK distributes a personalised subscription service originated by Novi Digital Entertainment Private Limited ("Novi") in the UK through an online website (www.hotstar.com/gb) and applications, to Internet-connected TVs, computers, mobile devices, tablet devices and other devices ( the “Hotstar UK Platform”). The Hotstar UK Platform provides an interactive platform for users to, among other things, to: access personalised content recommendations, messages and features based on the user's registration information and use of the Hotstar UK Platform; view content such as TV series and programs, films, sports content (including live sports content), trailers of upcoming TV series, videos and/or photos of characters from TV series, recaps of TV series and schedules of content offered on the Hotstar UK Platform; post comments; participate in game play events or contests; and use any other features, functionalities, content, tools, applications, materials, or other services offered from time to time on the Hotstar UK Platform (the "Content").
BY ACCEPTING THESE TERMS OF USE, OR ACCESSING THE HOTSTAR UK PLATFORM AND/OR THE CONTENT, YOU AGREE TO THESE TERMS OF USE, the Privacy Notice accessible at www.hotstar.com/gb/terms-of-use and www.hotstar.com/gb/privacy-policy respectively and any other written terms and conditions or policies specified on the Hotstar UK Platform (including terms governing the processing of your payments by a third party). IF YOU DO NOT AGREE TO THESE TERMS OF USE, THE PRIVACY NOTICE OR ANY OTHER APPLICABLE TERMS OR POLICIES, YOU MUST NOT USE THE HOTSTAR UK PLATFORM OR ACCESS THE CONTENT.Provision of the Content
The Content will be made available to you through different modes, at the discretion of Star UK, including on a video on demand basis, for viewing your discretion at a time chosen by you, and on a download for offline viewing basis.
During the period of your Subscription (as defined in the Subscription Services section below) to the Hotstar UK Platform, you will be granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Hotstar UK Platform and view the Content solely for your own personal, non-commercial purposes in accordance with the Terms of Use, and, except for the foregoing, no right, title or interest in the Hotstar UK Platform or any Content will be deemed to be transferred to you.
Star UK will provide a reasonable amount and range of Content for the duration of your Subscription but reserves the right to change, supplement, alter or remove any of specific Content as it deems fit. Subject to the foregoing, Star UK does not guarantee the availability of any specific Content and the availability of, and your ability to access, the Content and the Hotstar UK Platform, (a) is subject to Star UK's sole discretion;(b) may be dependent upon your geographical location; and (c) is on the condition that not all Content will be available to all users.
Accessing the Hotstar UK Platform
You may access the Hotstar UK Platform and view the Content primarily within the United Kingdom (UK) and only in geographic locations where the Hotstar UK Platform is offered and the Content is licensed.
You acknowledge that the Hotstar UK Platform and the Content may vary from place to place, time to time and device to device and are subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc.
The Hotstar UK Platform can be accessed through platforms, software and devices, which Star UK 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, a device that is a Compatible System at one time may cease to be a Compatible System in the future. You are responsible for obtaining, maintaining and paying for all hardware and telecommunications and other services needed to use the Hotstar UK Platform. The Hotstar website currently works best with:
The Hotstar applications work best with a minimum system requirement of:
You may be able to access the Hotstar UK Platform (including the Content) through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by Star UK.
Using the Hotstar UK Platform
Your use of the Hotstar UK Platform is subject to your compliance with these Terms of Use, the Privacy Notice and all applicable laws, rules, and regulations.
To be able to subscribe to the Hotstar UK Platform you must be over 18 years of age.
IF YOU PERMIT ANYONE ELSE TO USE, VIEW OR ACCESS THE HOTSTAR UK PLATFORM AND/OR THE CONTENT USING YOUR ACCOUNT YOU ACKNOWLEDGE THAT SOME CONTENT OFFERED ON THE HOTSTAR UK PLATFORM MAY NOT BE SUITABLE FOR CHILDREN OR FOR SOME VIEWERS AND THEREFORE DISCRETION IS ADVISED.Participation in any contest, game, or other promotion on the Hotstar UK Platform conducted by Star UK and the viewing of certain Content may be subject to further terms and conditions as may be notified to you by Star UK from time to time on the Hotstar UK Platform.
The Content and the Hotstar UK Platform are protected by copyright, trademark, patent, trade secret and other intellectual property laws, and shall not be used except as provided in these Terms of Use, without the written permission of Star UK.
By accessing or using the Hotstar UK Platform:
Star UK may temporarily suspend your access to the whole or any part of the Hotstar UK Platform and/or the Content where Star UK in its discretion considers that is reasonably necessary. Where possible, Star UK will give you as much notice of any interruption of access to the Hotstar Platform and/or the Content as is reasonably practicable. Star UK will use reasonable efforts to restore access to the Hotstar UK Platform and/or the Content as soon as reasonably practicable after temporary suspension.
You agree that Star UK shall be under no liability whatsoever to you in the event of non-availability of the Hotstar UK Platform, the Content or any part of them which is for a reason beyond the reasonable control of Star UK such as 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.
Subscription Services
Some of the Content made available on the Hotstar UK Platform can be accessed only by registered users who have registered for a subscription plan ("Subscription User"). You need to register for a subscription plan on the Hotstar UK Platform to access or use this Content ("Subscription"). To become a Subscription User, you may be required to provide certain personal information to Star UK and may be required to make payments ("Subscription Fee") through a debit card, credit card, wallet or other payment method accepted by Star UK ("Payment Method(s)") that you have selected. You acknowledge that Star UK uses third parties to process and facilitate the payment of your Subscription Fee and Star UK and such third parties will be responsible for ensuring that your payment information is stored securely. Star UK will notify you if you have successfully registered for a Subscription. You acknowledge that Star UK may offer different kinds of Subscription plans, each of which will be subject to different limitations and restrictions and the Subscription Fee for each of these Subscription plans may vary.
Your Subscription will continue until you cancel it or it is terminated by Star UK in accordance with these Terms of Use. Please see below for information on your rights to cancel your Subscription.
Star UK may change your Subscription plan, the Subscription Fees and your billing cycle by giving you advance notice of any such changes. If you do not agree with any change, you may cancel your Subscription. Any changes to your Subscription, your Subscription Fee or your billing cycle will be effective only after the expiry of the current Subscription period for which you have already been billed. Accordingly, the revised Subscription, Subscription Fee or billing cycle shall be effective only after the expiry of the current Subscription period.
Any personal data whether provided by you as a part of the Subscription registration process, or collected automatically when you use the Hotstar UK Platform will be governed by the Privacy Notice, accessible at www.hotstar.com/gb/privacy-policy.
The number of Compatible Devices on which you may simultaneously access the Hotstar UK Platform and view Content depends on your chosen Subscription plan and is specified in the "FAQ" page on the Hotstar UK Platform.
You can check the status of your Subscription anytime through the "My Account" page on the Hotstar UK Platform.
Free Trial
Some of the Subscription plans start with a free trial. If applicable, the free trial period will last for such period as is notified to you by Star UK when you register for the Subscription. Your eligibility for a free trial including the duration of such free trial and the Content available to be viewed during the free trial period is at the discretion of Star UK. If any free trial is modified, suspended or terminated by Star UK you will have the opportunity to cancel your Subscription. You may cancel your Subscription at any time during the free trial period.
Star UK reserves the right to make certain Content accessible to non-registered and/or guest users on a free trial basis. Star UK may at its sole discretion determine such Content and the duration for which it is made available on a free trial basis.
If you cancel your Subscription before the end of the free trial period, you will not be entitled to any compensation, monetary or otherwise, from Star UK for the un-used period of free trial.
Payments
Star UK will charge your selected Payment Method for the Subscription Fee payable by you through a third-party payment gateway at the beginning of your Subscription or at the end of any free trial period (unless you cancel your membership prior to the end of the free trial period), and automatically on each subsequent renewal of your Subscription unless and until you cancel your Subscription, or your Subscription is otherwise suspended or discontinued by Star UK in accordance with these Terms of Use. To see the commencement date of your next renewal period and information on your billing cycle you should visit the "My Account" section of the Hotstar UK Platform.
The Subscription Fees specified for each Subscription plan are inclusive of all applicable taxes (including VAT).
Once you have made a payment, it may take a few days for your payment made to Star UK to be reflected in your "My Account" section.
If you wish to change your Payment Method during the tenure of your Subscription you should contact Customer Support Services to do so (please see the Information and Complaints section below for details on how to contact Customer Support Services). 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 of your Subscription Fee and Star UK reserves the right to terminate your Subscription.
You understand and acknowledge that Star UK facilitates a third-party payment gateway for processing of payments. This facility is managed by a third-party payment gateway provider and you are required to follow all the terms and conditions of such third-party payment gateway provider which are referred to on the Hotstar UK Platform. You can file any complaint or question related to payment processing by contacting Customer Support Services and it will be forwarded to the third-party payment gateway provider concerned for a response.
You are responsible for the accuracy and authenticity of the payment information you provide. You represent and warrant that you have the right to use any credit card or other payment information that you submit.
Cancellation & Refund
Under the Consumer Contracts Regulations 2013 you have 14 days after signing up for a Subscription to cancel your Subscription and receive a refund of all Subscription Fees paid. However, once you access any Content you will not have a right to cancel your Subscription or receive a refund.
If you are a first time Subscription User, have not previously held any Subscription to the Hotstar UK Platform and have not received a free trial of the Hotstar UK Platform as part of your Subscription plan, even if you have accessed the Content you may cancel your Subscription within 48 hours from the purchase and activation of your Subscription (“Cancellation Period”) to obtain a full refund of your Subscription Fees.
Your account access will be revoked immediately if you cancel your Subscription during the Cancellation Period. It will take up to 15 business days to process your refund.
You acknowledge and agree that after the Cancellation Period you will lose your right to receive a refund of any amounts of the Subscription Fee paid, although you may still cancel your Subscription at any time in accordance with the Terms of Use.
You can also cancel your Subscription at any time by going to the "My Account" section of the Hotstar UK Platform. Unless you cancel because of any Additional Terms (please see the Changes section below for more details), the cancellation becomes effective upon the end of your current Subscription period. To see the expiry date for your current Subscription period you should visit the "My Account" section on the Hotstar UK Platform.
If you cancel your Subscription, the Subscription Fees billed for your current Subscription period are non-refundable (unless you cancel during the Cancellation Period (as explained in the paragraph below) or cancel because of any Additional Terms (please see the Changes section below for more details)).
If you cancel your Subscription, and wish to re-subscribe, you may do so from Your "My Account" page on the Hotstar UK Platform.
Cancellation and refunds for Subscriptions purchased through Apple’s App Store will be governed by the Usage Rules set out in Apple's App Store Terms of Service. If you have purchased your Subscription through Apple's App Store, you will need to cancel your Subscription through Apple.
For more details on how to cancel your Subscription you may contact our Customer Support Services or refer to our FAQ section on cancellation available here https://www.hotstar.com/gb/faq.Prohibited Activity
You must not in any way 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; or any privacy, publicity, or other proprietary right.
You must not in any way 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.
Except as provided in these Terms of Use (or otherwise expressly agreed by Star UK in writing), 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.
You must not use the Hotstar UK Platform 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; libellous; 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 belonging to any third party;
- 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 Hotstar UK Platform;
- interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Hotstar UK Platform or Star UK's servers, networks or accounts;
- cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Hotstar UK Platform or the Content;
- delete or revise any information provided by or pertaining to any other user of the Hotstar UK Platform.
- 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 Hotstar UK Platform or circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Hotstar UK Platform or the Content;
- send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Hotstar UK Platform;
- 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 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 Star UK's prior written consent;
- use technology or other means to access, index, frame, or link to the Hotstar UK Platform or the Content that is not authorized by Star UK;
- access the Hotstar UK Platform or 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 Hotstar UK Platform and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- use the Hotstar UK Platform or the Content to advertise or promote services which compete with the Hotstar UK Platform;
- use the Hotstar UK Platform or the Content in a manner inconsistent with any and all applicable law; or
- 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 create while registering for a Subscription to the Hotstar UK Platform and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. You are responsible for any use of your user ID and password. You must promptly notify Star UK if you become aware of any confidentiality breach or unauthorized use of your user account.
You agree that you will not misuse the Content you access and view on the Hotstar UK Platform, including by downloading/storing the Content by illegal/non-permitted means, or infringing any of Star UK's or its licensors' copyright, trademark design, patent, and other intellectual property including any rights of Star UK or its licensors subsisting in the Content. You further agree that you will not copy/record/edit/modify any of the Content you access and view for any purpose, and/or copy/record/edit/modify any Content including video, images etc., by 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 videos, images, comments, User Material (as defined in the User Reviews, Comments and Other Material section below) or articles, on the Hotstar UK Platform, on any other website, webpage, platform or software, which is not owned by Star UK. You agree that the Content provided on the Hotstar UK Platform 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 Hotstar UK Platform to any other person(s), or in any manner communicate such Content to the public.
If the Hotstar UK Platform allows you to download or stream any of the Content, 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, platform or software, which may violate/cause damages or injuries to any rights of Star UK 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 Hotstar UK Platform including websites, widgets, software, services that interact with the Hotstar UK Platform. Your use of these third-party applications shall be subject to such third-party terms of use or license terms. Provided it has taken reasonable care in providing the Hotstar UK Platform, Star UK shall not be liable for any actions or content of such third-party applications or for any representations or warranties or obligations made by such third-party applications to you under contract or law.
Accessing the Hotstar UK platform and the Content through VPN
You should not access or use the Hotstar UK Platform or the Content by means of any mechanism or technology which conceals your actual geo-location or provides incorrect details of your location (for example, use a virtual private network (VPN)).
Star UK will not be responsible or liable for any collection, storage or processing of your personal information or data if you use any mechanism or technology to access or use the Hotstar UK Platform or its Content which conceals your actual geo-location.
Termination of Service
Star UK reserves the right to immediately terminate, suspend, limit, or restrict your Subscription or your use of the Hotstar UK Platform or access to Content at any time, without notice or liability to you or any other person, if you breach these Terms of Use, violate any law, rule, or regulation, or engage in any inappropriate conduct in relation to your Hotstar UK Platform, the Content or your Subscription.
User Reviews, Comments and Other Material
You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments or photos on the Hotstar UK Platform ("User Material"). Any User Material will be public and will not be considered to be "Personal Data" under the EU General Data Protection Regulation 2016/679 (GDPR). 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 Hotstar UK Platform in connection with any User Material. If you choose to make any of your personal or other information publicly available through the Hotstar UK Platform, you do so at your own risk.
You agree that Star UK shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Star UK may determine, in its sole discretion, is inappropriate, or for any other reason.
You acknowledge that Star UK reserves the right to investigate and take appropriate legal action against anyone who violates these Terms of Use, including terminating their account, terminate, suspend, limit, or use of the Hotstar UK Platform or access to Content and/or reporting 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 not Post any User Material that:
You acknowledge that the User Material is not confidential and that You have no expectation of privacy in it.
To the fullest extent permitted by applicable law, by posting the User Material, you hereby grant Star UK, a license to use, display (publicly or otherwise), reproduce, distribute, adapt, modify, delete from, add to, prepare derivative works of, publicly perform, publish, and otherwise use, analyse, and exploit such User Material worldwide, including on or through any property, in perpetuity, in any media formats and any media channels now known or hereinafter created, and for any purpose (including promotional purposes, such as testimonials). To the fullest extent permitted by applicable law, the license you grant to Star UK in relation to your User Material is fully paid-up, transferable, non-exclusive, royalty-free, irrevocable, and fully sub licensable (through multiple tiers). Additionally, to the fullest extent permitted by applicable law, Star UK is free to use any feedback, ideas, concepts, know-how, or techniques contained within such User Material for any purpose, including developing, manufacturing, marketing, and providing commercial products and services. Star UK's shall not be required to notify you or seek your permission to use such User Material and Star UK shall not be required to make any payments to you or a third party in relation to its use or your User Material.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your User Material, and your provision thereof are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. In no event does Star UK assume any responsibility or liability whatsoever for any User Material, and you agree to irrevocably waive any legal, equitable, "moral" or other rights or remedies you may have against Star UK with respect to such User Material under any applicable law of any country.
Quality and Provision of the Hotstar UK Platform and the Content
English Law (including the Consumer Rights Act 2015) requires Star UK to supply services (including digital content) to you that meet the requirements of your contract with Star UK. Nothing in these Terms of Use will affect your legal rights under such applicable law.
The following is a summary of your key legal rights under those laws and these rights are subject to certain exceptions. You can get detailed information about your key legal rights from the Citizens Advice website or by calling Citizens Advice. In summary:
Limits on Star UK's Responsibility for Loss or Damage You Might Suffer
The Hotstar UK Platform and the Content are provided only for your private domestic private use. You should not use them for business purposes. If you use the Hotstar UK Platform or the Content for any commercial, business or re-sale purpose Star UK will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Star UK is not responsible to you for any loss or damage you might suffer which Star UK cannot reasonably anticipate when you sign up to your Subscription. For example, loss which arises from special facts about you or your use of the Hotstar UK Platform or the Content which Star UK could not reasonably anticipate.
Star UK does not exclude or limit in any way liability to you where it would be unlawful to do so and specifically any liability Star UK might have for any death or personal injury caused by any negligence, fraud or fraudulent misrepresentation of Star UK's or any of Star UK's employees, agents or subcontractors or any statutory remedies to which you are entitled under the Consumer Rights Act (as summarised above), the Consumer Protection Act 1987 or any other applicable statute.
Subject to the immediately preceding paragraph of this section Star UK limits the total amount of liability (whether in contract, for negligence or on any other legal basis) of Star UK, Novi or any affiliate of Star UK which may arise from or in connection the provision (or any failure to provide) the Hotstar UK Platform and the Content to you to the greater of (i) the total amount of the Subscription Fees paid by you; or (ii) £10,000.
If defective digital content which Star UK has supplied to you damages a device or digital content belonging to you and this was caused by Star UK's failure to use reasonable care and skill then Star UK will either repair the damage or pay you compensation up to a value of £5,000. However, Star UK will not be liable for damage which you could have avoided by following Star UK's advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Star UK.
Filtering
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Star UK does not endorse any of the products or services listed on such site.
Information or Complaints
If You have any questions about these Terms of Use, the Privacy Notice, or your dealings with the Star UK, or a question or a complaint about the Hotstar UK Platform and/or the Content, you can contact Customer Support Services at uk@hotstar.com, via the links at the bottom of the page or by writing and sending a letter to the below address:-
Star Advertising Sales Limited
2nd Floor, Profile West,
950 Great West Road,
Brentford, Middlesex, TW8 9ES, UK.
Please do not share any personal information in emails to uk@hotstar.com.
If you have any questions about how your personal data is being collected, stored, shared, and processed by the Hotstar UK Platform, you may contact our Data Subject Request Handling team at uk@hotstar.com.
Governing Law
These Terms of Use are governed by the laws of England (including applicable arbitration law). These Terms of Use will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
Severability
If any provision of these Terms of Use 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
Star UK reserves the right, at any time and from time to time, if it notifies 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 Hotstar UK Platform ("Additional Terms").
You will be notified about any minor updates to these Terms of Use on the Hotstar UK Platform. Any minor updates to these Terms of Use will be effective immediately.
Any significant changes to these Terms of Use or any new rules, policies, terms or conditions will be notified to you by email in advance of such changes or new rules, policies terms or conditions taking effect.
Subject to Star UK complying with these requirements your continued use of the Hotstar UK Platform will be deemed to constitute your acceptance of any and all such Additional Terms. If you do not agree with any Additional Terms, you should cease using the Hotstar UK Platform and cancel your Subscription before the Additional Terms take effect. If you cancel your Subscription for this reason, the cancellation will take effect when the Additional Terms become effective and you will receive a refund of any Subscription Fees you have paid for the period after the Additional Terms take effect.
Any Additional Terms will not apply to any dispute between Star UK and you arising prior to the date on which such Additional Terms became effective.
Continuing effect of certain terms
The provisions of these Terms of Use, other than the obligations on Star UK to provide you with access to the Hotstar UK Platform and the Content, your rights to receive or enjoy the Content and your obligations to pay the Subscription Fee, will survive the termination of your Subscription.
Miscellaneous
These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Star UK.
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without Star UK's express prior written consent. Star UK may assign, transfer or sublicense any or all of its rights or obligations under these Terms of Use to any person who assumes their role as UK distributor of the Hotstar UK Platform without requiring your further agreement.
No waiver by you or Star UK of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Hotstar UK Platform or by e-mail (including in each case via links), or by regular post.
Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Apple-Specific Terms
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Hotstar app compatible with the iOS operating system of Apple Inc. ("Apple").
Apple is not a party to these Terms of Use and does not own and is not responsible for the Hotstar app. Apple is not providing any warranty for the Hotstar app except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Hotstar app and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Hotstar app, including any third-party product liability claims, claims that the Hotstar app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.
Any enquiries or complaints relating to the use of the Hotstar app, including those pertaining to intellectual property rights, must be directed to Star UK in accordance with the "Information or Complaints" section above.
The license you have been granted herein is limited to a non-transferable license to use the Hotstar app on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service. You must comply with the terms of any third-party agreement applicable to you when using the Hotstar app, such as your wireless data service agreement.
Apple and Apple's subsidiaries are third-party beneficiaries of this provision only (pursuant to the Contracts (Rights of Third Parties) Act 1999) and, upon your acceptance of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof. Notwithstanding the foregoing, Star UK's right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party (including Apple and its subsidiaries).