Communication Through the WhatsApp Chat Service

  • Whatsapp for Business Chat Services. Tata Play Limited (formerly known as Tata Sky Limited) (‘Tata Play’) has launched an additional communication mode to reach out to it Subscribers and for the Subscribers to reach out Tata Play. Now, Tata Play and its Subscribers can interact through the ‘Whatsapp for Business Chat Services’ (‘Whatsapp Chat Service’).
  • Eligibility. This route of communication is opened only to Subscribers of Tata Play or individuals who have approached Tata Play through the Whatsapp Service by sending a message at +91 92296 92296.
  • Period. Whatsapp Chat Service shall be open for communication/interaction from 25th May 2018 onwards. Tata Play reserves the right to anytime withdraw, add or vary this mode of interaction, or replace in wholly this service, without any prior information to the Subscriber.
  • Consent of the Subscriber/Opt-In. To give his/her consent to Tata Play to communicate with the Subscriber through the Whatsapp Chat Service, the Subscriber must give his/her consent by either of the below modes of consent (‘Mode of Consent’):
    1. Missed Call: The Subscriber must give a missed call on the Tata Play Number 09229692296 from the Registered Mobile Number.
    2. Interactive voice response (‘IVR’): The Subscriber must call 1800 208 6633, the Tata Play IVR Service from the Registered Mobile Number of the Subscriber. Subscriber must correctly follow the instructions played during the IVR Call.
    3. Short Messaging Services (‘SMS’): The Subscriber must SMS WhatsApp to 56633 from the Registered Mobile Number of the Subscriber.  
    4. Customer Service Number/Helpline Numbers: The Subscriber must call 1860 208 6633 or 1860 500 6633, the Tata Play Helpline Numbers from the Registered Mobile Number of the Subscriber. Subscriber must correctly follow the instructions played during the Call.
  • Multiple Subscriber Accounts: If the Subscriber has multiple subscriber accounts with Tata Play, then the following procedure shall apply:
    1. Common Registered Mobile Number: Subscriber need not again follow the above Mode of Consent for each of the Multiple Subscriber Accounts having a same Registered Mobile Number from which the Subscriber has accessed the above Mode of Consent. This is because, once either of to the above Mode of Consent is accessed by the Subscriber through the common Registered Mobile Number, Tata Play shall consider that the Subscriber has given his/her permission to communicate with the Subscriber through the Whatsapp Chat Service for each of the Multiple Subscriber Accounts.
    2. Different Registered Mobile Number. If the Subscriber has multiple subscriber accounts having different Registered Mobile Number registered for each of the multiple subscriber accounts, then the Subscriber will need to follow the procedure stated in point 4.1 for activating his/her consent for each of such multiple subscriber accounts.
  • Registered Mobile Number:
    1. Registered Mobile Number of the Subscriber is the Indian mobile phone number registered with Tata Play as the Registered Mobile Number of the Subscriber. It is one of the most important element for initiating the Whatsapp Chat Service. Therefore, if the Subscriber hasn’t registered a mobile number with Tata Play, it is recommended that the Subscriber do so to avail the Whatsapp Chat Service.
    2. Mode of Consent accessed through the contact numbers other than the Registered Mobile Number will not be recognized or considered by Tata Play for activation of the Whatsapp Chat Service. Upon recognizing the Registered Mobile Number, Tata Play will activate the Whatsapp Chat Service.
    3. If the Subscriber changes the Registered Mobile Number, then the Subscriber will stop receiving communications from Tata Play through the Whatsapp Chat Service. Therefore, to continue the communication with Tata Play through the Whatsapp Chat Service, the Subscriber must once again follow the procedure mentioned in point 4 by accessing the Mode of Consent through the new Registered Mobile Number if the Subscriber.
  • Opt-Out: The Subscriber has the option to Opt-Out from communicating with Tata Play through the Whatsapp Chat Service. To Opt-Out, the Subscriber may message ‘STOP’ by using the Whatsapp Chat Service or call the Customer Service Number (Helpline Number) of Tata Play at 1800 208 6633 or 1860 500 6633, enter his/her Registered Mobile Number and follow the instructions mentioned on the web page.
  • Privacy Policy.
    1. Tata Play will use the information provided by the Subscriber in accordance with the Tata Play Privacy Policy available on www.tataplay.com. In addition to the Tata Play Privacy Policy, WhatsApp’s Privacy Policy (currently available at https://www.whatsapp.com/legal/#privacy-policy) and the terms of use shall be applicable. The above Privacy Policy may be updated from time to time and without prior intimation to the Subscriber.
    2. Subscriber must immediately advise Tata Play of any changes to the Subscriber Information should any of the details change together with any proofs that may be required by Tata Play to substantiate the new information. By providing information to Tata Play, the Subscriber acknowledge and represent that any Information provided by the Subscriber to Tata Play is provided voluntarily, is accurate, up- to-date and complete in all respects and that that Tata Play may not be able to comply with Tata Play obligations if the correct personal information is not supplied to Tata Play.
    3. Furthermore, by sharing information with Tata Play, Subscriber grants Tata Play irrevocable permission to store, process Subscriber’s Information in India or internationally (outside India) and/or share the information about Subscriber (including Subscriber’s personally identifiable information and viewing trends) with third parties (in India or internationally [outside India]) for various reasons including to (i) perform marketing, administration or other services on Tata Play’s behalf, (ii) market or sell new services or products to Subscriber or to jointly promote services or products to Subscriber (iii) administer and process Subscriber’s requests (e.g., when Subscriber orders a product or service Tata Play may share the Subscriber details with third party financial institutions and/or intermediaries to process payment for Subscriber order (iv) assist in product development, research, strategic, financial or other business decisions (v) collect viewing patterns and conduct market research, analysis group viewing patterns of our Subscribers to understand customer treads and patterns (vi) obtain professional advice (vii) respond to proceedings (including legal) (e.g., in response to a court order or a subpoena). Tata Play may also disclose such information in response to a law enforcement agency's request. The third parties with whom Tata Play share the information are required to protect this information in a manner that is consistent with this clause for e.g., not use the information for any purpose other than to carry out the services they are performing.

General Terms and Conditions:

  • Tata Play shall not be responsible in case of any network problems such as breakdown of machinery, unclear network, disruption in the network and/or the charges that may be payable by the Subscriber to any network operator for sending a SMS or calling the helpline number. Any dispute in connection with the same should be settled between the Subscribers and the network operator without involving Tata Play.
  • Subscriber must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Whatsapp Chat Service in impermissible or unauthorized manners, or in ways that burden, impair, or harm Tata Play, Whatsapp Chat Service or Whatsapp Services, systems, Whatsapp users, or others, including that Subscriber must not directly, indirectly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from Whatsapp Chat Services; (b) gain or attempt to gain unauthorized access to the Whatsapp Chat Services, or systems; (c) interfere with or disrupt the integrity or performance of the Whatsapp Chat Services; (d) create accounts for Whatsapp Chat Services through unauthorized or automated means; (e) collect the information of or about users of in any impermissible or unauthorized manner.
  • Subscriber agrees and undertakes to use the Whatsapp Chat Service only to post, send and receive messages and material that are proper and related to Tata Play Services. In addition to the above, Subscriber shall ensure that the Whatsapp Chat Service is not used for the following:
    • To defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
    • To send rude messages or any other messages which does not relate to Tata Play Services. 9.3.3 To upload files that contain software or other material protected by intellectual property laws unless the Subscriber owns or controls the rights thereto or have received all necessary consents.
    • To upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Whatsapp Chat Service or another's computer.
    • To advertise or offer to sell or buy any goods or services for any business purpose.
    • To download any file that the Subscriber knows, or reasonably should know, cannot be legally distributed in such manner.
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Whatsapp Chat Service or messages.
    • Violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the terms and conditions of Subscription Contract or any other terms and conditions for availing the Tata Play Services.
  • Tata Play reserves the right to store all information of the Subscriber including the messages that are received or sent by the Subscriber through the Whatsapp Chat Service. The manner of storing the Information and/or data of the Subscriber shall be decided by Tata Play. The consent and/or the instruction given by the Subscriber through the Whatsapp Chat Service shall be considered as consent and/or directions given personally by the Subscriber and Tata Play shall have the right to act upon such instructions. For avoidance of doubt, it is clarified that if a third party gives a consent and/or instruction by impersonating as the Subscriber, then Tata Play shall not be held responsible and Subscriber shall be solely responsible for all the consents given through the Mode of Consent and/or messages that are posted or sent by the Subscriber through the Whatsapp Chat Service. Tata Play reserves the right to terminate the access of the Subscriber to any or all of the Whatsapp Chat Service at any time without notice for any reason whatsoever.
  • In addition to the terms and conditions stated here, Subscribers shall be bound by the terms and conditions stipulated Subscription Contract and/or and other terms and conditions, found on Tata Play's website - www.tataplay.com
  • Tata Play will not be responsible for any loss or damage caused to the Subscribers if this service is cancelled and/or withdrawn by Tata Play or if the Subscriber is not able to avail this service due to a Force Majeure Event including without limitation for reasons beyond the reasonable control of Tata Play such as war, natural calamities, epidemics, pandemics, floods, failure of telecommunication network, satellite technology failure etc.
  • Subscribers and/or any person through the Subscribers waives any and all right that such an individual may have to claim ambiguity in these terms and conditions and agrees to releases, indemnifies and hold harmless Tata Play and its respective affiliates, advertising and promotion agencies, and its respective agents, partners, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from or arising from the use of the Whatsapp Chat Service.
  • Tata Play shall not be responsible for printing or typographical errors; or for instructions, direction, transactions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including whatsapp system or service, computer, telephone, paper transfer, mail system, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access the Whatsapp Chat Service or process any transaction thereon.
  • Any disputes, differences or questions, which may arise at any time hereafter between Tata Play and the Subscriber touching the true construction of this Agreement or performance of the obligations or enforcing any rights and/or liabilities of the Parties hereunder, shall be first amicably resolved between the Parties within 30 (thirty) days from the date on which such dispute was raised by a Party and communicated to the other Party in writing failing which the dispute shall be referred to a sole arbitrator of the Indian Council of Arbitration (ICA). The arbitration shall be conducted in accordance with the Rules of Arbitration of the Indian Council of Arbitration and shall be subject to the provisions of the Arbitration and Conciliation Act, 1996, as amended or any statutory modifications or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Mumbai and the Courts at Mumbai alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law. The arbitration proceedings shall be conducted in English language. The award passed by the arbitrators shall be final and binding upon the Parties.
  • Subject to the arbitration clause, these terms and conditions shall be construed and governed by the laws of India and the Parties agree to submit to the sole and exclusive jurisdiction of the courts of Mumbai.