Tata Play Binge Mobile App
ATTENTION: THE SOFTWARE PROVIDED UNDER THIS AGREEMENT IS BEING LICENSED TO YOU BY TATA PLAY LIMITED AND IS NOT BEING SOLD TO YOU.
- Tata Play Binge Mobile App (‘Binge Mobile App’) is offered by Tata Play Limited (formerly known as Tata Sky Limited, hereinafter referred to as ‘Company’) to its existing Subscribers. Eligible Subscriber shall mean a Tata Play subscriber who has an active account status. Binge Mobile App offers a vast library of content from various partners through a single app that is seamless and easy to use.
- The Binge Mobile App is offered as follows:
- Tata Play DTH Subscribers:
- Non-Binge Subscribers: To Subscribers who are not subscribed to Tata Play Binge Service, can avail Binge Mobile App on a paid subscription basis.
- Existing Binge Subscribers: To Subscribers who are already subscribed to Tata Play Binge Service, may also avail Binge Mobile App as a companion app to Tata Play Binge Service with no additional or subscription cost to use the Binge Mobile App.
- Non – Tata Play DTH Subscribers:
- The Binge Mobile App offered to Non-Tata Play DTH Subscribers on a paid subscription basis as well by downloading the Binge Mobile App from Google Play Store or App Store.
- Tata Play DTH Subscribers:
- The Binge Mobile App will be provided to the Subscriber at no additional cost and the user can access certain free content available on the Binge Mobile App without payment or subscription cost. To access any other content which is not free will require a subscription to a plan as stated below.
- For Subscribers who are on any Tata Play Binge Mobile app version which is 4.0.4 or above, Subscribers will be charged –
Plan Name Apps Plan Charges (Monthly) Zee5 Starter Zee5, ShemarooMe, Eros Now, Hungama Play and Namma Flix Rs 59 Voot Starter Voot Select, ShemarooMe, Eros Now, Hungama Play, Namma Flix Rs 59 MX Starter MX Player, ShemarooMe, Eros Now, Hungama Play, Namma Flix Rs 59 Mini 1 Zee5, MX Player, Eros now, ShemarooMe, Hungama Play, EpicOn, Docubay, Namma Flix Rs 99 Mini 2 Voot Select, MX Player, Eros Now, ShemarooMe, Hungama Play, EpicOn, Docubay, Namma Flix Rs 99 Super Plan Disney+ Hotstar, Zee5, Voot Select, MX Player, Voot Kids, Eros Now, ShemarooMe, Hungama Play, EpicOn, Docubay, Hoichoi, Namma Flix, Planet Marathi, Chaupal, Hoichoi Rs 175 Mega Plan Disney+ Hotstar, Sony Liv, Zee5, Voot Select, Voot Kids, MX Player, Eros Now, ShemarooMe, Hungama Play, EpicOn, Docubay, Hoichoi, Namma Flix, Planet Marathi, Chaupal, Curiosity Stream Rs 299
- Subscriber can upgrade or downgrade from the plans as stated above, based on the rules set forth by the Company
- Namma Flix app will be available as limited period offer on the following plans- Zee5 Starter (59), Voot Starter (59), MX Starter (59), Mini 1 (99) and Mini 2 (99). This offer can be withdrawn from these plans as per Tata Play’s discretion
- For Subscribers who are on any Tata Play Binge Mobile app version which is 4.0.4 or above, Subscribers will be charged –
- Existing Binge Subscriber shall be liable to pay for the applicable subscription cost for Tata Play Binge Service to be able to use Binge Mobile App. Non-Binge Subscribers shall be liable to pay for the applicable subscription cost by subscribing to either the Starter Plan (All versions), Mini Plan (All versions), Super Plan or Premium Plan.
- Subscriber’s Tata Play account shall be charged towards Binge Subscription, either for Tata Play Binge Service or Binge Mobile App, as applicable, as follows:
- If an existing Binge Subscriber is on a Free Trial period, then post the Free Trial period Subscriber will be charged for Tata Play Binge Service on a daily burn rate (DBR) basis. However, post a certain date, Subscribers shall be charged on monthly burn rate (MBR) The date of migration from DBR to MBR will be decided by Tata Play at their own discretion;
- If an existing Binge Subscriber is using Tata Play Binge Service on a paid basis, then they will be charged on a DBR basis. However, post a certain date, Subscribers shall be charged on MBR; The date of migration from DBR to MBR will be decided by Tata Play at their own discretion;
- If a Subscriber subscribes to Tata Play Binge Service now then he/she shall be eligible for the Free Trial period, however post the Free Trial period Subscriber shall be charged for Tata Play Binge Service on MBR basis. If the Subscriber is not eligible for Free Trial period, then he/she will be charged for Tata Play Binge Service on MBR basis;
- If a Non-Binge Subscriber subscribes to Binge Mobile App and purchases a subscription plan then the cost towards the plan shall be charged to his/her Tata Play account, hence Subscriber must have sufficient account balance before availing the subscription of Binge Mobile App.
- Content from various partner apps can be viewed on Binge Mobile App. The Subscriber shall not be required to pay for any individual subscription other than Amazon prime content. However, not every content and partner apps as available on Tata Play Binge Service will be available on Binge Mobile App. Availability of content on Binge Mobile app will be as per Subscription Plans availed by Subscriber.
- For the Amazon prime content, the Subscriber will have to pay additional charges of INR 179/- per month (or the then prevailing Amazon prime monthly charges). This service will be Available for only Tata Play DTH Subscribers.
- The Company reserves the right, without any previous notification to the Subscriber, to change the subscription price, plan or offer.
- If the Subscriber discontinues Tata Play Binge Service, then Subscribers will not have any access to Binge Mobile App.
- The Subscriber’s use of Binge Mobile App will be subject to the Partner content terms of service, as may be updated by content partners from time to time.
- To start using Binge Mobile App on a mobile a Subscriber will have to follow the below steps:
- Download Binge Mobile App from Google Play Store/App Store on the device;
- Subscriber will have an option to login to Binge Mobile App using an OTP sent to their mobile number;
- If Subscriber already has an active Binge Subscription then he may start using Binge Mobile App as per the applicable Plan or alternatively, he can continue by selecting a Plan;
- If Subscriber is new to Binge Mobile App, then he can access certain content which is free to view, alternatively, he can select a Plan to view rest of the content;
- Up to 3 Devices can be registered with Tata Play for Binge Mobile App, which can be a mobile with Android/iOS. However, the viewing concurrency of the content on Binge Mobile App, at a given time, shall depend on partner app rules.
- The playback quality and resolution will depend on several factors like the compatibility of the device on which the Subscriber is accessing the content and the internet bandwidth.
- Binge Mobile App is an app that offers content owned, created and operated by various third-party Applications Service Providers. None of the content is being edited, curated or owned by the Company.
- These third- party application Service Providers or their Applications or services are not owned or controlled by the Company. Neither the Company has control over and assumes no responsibility for the Applications Service Providers or their Applications, third-party services or content, privacy policies, or practices of any Applications Service Provider or their Applications.
- In case the Subscriber's Tata Play DTH Account goes into de-active state due to non-payment of dues, Subscriber will continue to have access to available content on Binge Mobile App till the end of the billing cycle.
- The Company reserves the right to decide the eligibility of the Subscribers to whom Binge Mobile App would be offered
- The Company reserves the right at any time, without prior notice, without assigning any reason and without any liability whatsoever, to add or vary all or any of the terms and conditions or to replace, wholly or in part this offer or to withdraw it completely.
GENERAL TERMS AND CONDITIONS
- Binge Mobile App is not supported on jail broken devices.
- Company has taken all measures to control piracy on Binge Mobile App. Subscriber shall be liable to use Binge Mobile App for private and non-commercial use, in accordance with the Terms & Conditions hereof and take steps to prevent piracy (i.e., unauthorized transfer/recording/ duplication / projecting of content to any other device or using Binge Mobile App outside the territorial boundaries of India). Any Subscriber who has activated Binge Service on his / her registered device, if found indulging in piracy or using Virtual Private Network (“VPN”) to access the same, will be liable for blacklisting and deactivation of its Tata Play Account, and Company and its Content Providers shall have the sole right in this regard.
- Company reserves the right to modify Binge Mobile App admin fee without any prior notice.
- This Offer cannot be combined for additional discounts, nor can any offers be clubbed to avail this Offer. This Offer is non-transferable, not for resale, and not redeemable for cash.
- In the event Tata Play requires any Eligible Subscriber to provide any required information, including documents to ascertain the eligibility of the Subscriber, such Subscriber shall provide such information and documents to Tata Play.
- Any and all taxes and/or levies applicable shall be solely borne by the Subscribers.
- Company bears no assurance or responsibility on the quality of streaming on the device. The streaming experience is based solely on the available bandwidth from Subscriber’s respective internet service provider. Company bears no responsibility of the malfunction/ poor performance of Binge Mobile App on Subscriber device.
- Company reserves the right at any time, without prior notice, without assigning any reason and without any liability whatsoever, to add or vary all or any of the terms and conditions or to replace, wholly or in part these terms and conditions to withdraw it completely or to change the composition of this Terms and Conditions.
- Binge Mobile App is non- transferable to another device from the registered devices on which it is activated and any attempt or action to do the same would be treated as unauthorized and shall amount to piracy. Company will not be liable for any loss, damage or cancellation of Binge Mobile App caused by force majeure events beyond its reasonable control including war, natural calamities, floods, epidemics, pandemics, failure of telecommunication network, etc. and / or in respect of any claim pertaining to the exhaustiveness of this Terms and Conditions.
- In case of loss / theft / replacement or any other issues with the Device, Subscriber must immediately inform the Company and put the request to de-register and / or de-activate Binge Mobile App from such device. In case of failure to do so, Subscriber would be solely liable for violation of the Terms & Conditions and / or the infringement of the rights or licenses granted herein.
- Subscriber consents to comply with these terms and conditions and waive any right to claim ambiguity in these terms and conditions and release, indemnify and hold harmless the Company and its respective affiliates, advertising and promotion agencies, and its respective agents, 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 activating Binge Mobile App.
- In addition to the Terms and Conditions stated here, the Subscribers shall be bound by the terms and conditions stipulated in the Hardware Warranty Terms and Conditions, Specific Terms and Conditions of Tata Play Subscription Contract and/or Specific Terms and Conditions of Tata Play Subscription Contract for Tata Play Hardware provided on Entrustment basis and/or Tata Play Mobile Terms and Conditions, Tata Play Binge Terms and Conditions and such other documents, all found on the Tata Play website - www.tataplay.com. The documents referred above will be collectively referred herein as 'Subscription Contract'.
- The Company 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 including any premium rates that may be charged by the network operator. The Subscribers must check with their respective network operators regarding the charges payable to the network operator before using any of the methods mentioned above. Any dispute in connection with the same should be settled between the Subscribers and the network operator without involving the Company.
- Limitation of Liability: Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall Company be liable to the Subscribers or to any other person or entity for any indirect, special, incidental, remote or consequential damages of any character whatsoever (including, without limitation, damages for loss of profits, loss of goodwill, loss of confidential or other information, for business interruption, work stoppage, device failure or malfunction, for personal injury, loss of privacy, for failure to meet any duty including a duty of good faith or of reasonable care, for negligence (whether active or passive), and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use the application, loss of data or otherwise under or in connection with any provision of this Terms and Conditions, even in the event of fault, tort (including negligence, and gross negligence), strict liability, breach of contract, or breach of warranty by the Company, and even if the Company has been advised of the possibility of such damages. In no event will the Company be liable for any damages in excess of the Binge Mobile App admin fee that Company charges to a Subscriber for offering Binge Mobile App.
- The Company reserves the right, at any time, to verify eligibility requirements, in any manner deemed appropriate by the Company.
- The right to use Binge Mobile App is non-transferable, not for resale, and not redeemable for cash.
- The Company reserves the right at any time, without prior notice, without assigning any reason and without any liability whatsoever, to add or vary all or any of the Terms and Conditions or to replace, wholly or in part this Terms and Conditions or to withdraw it completely or to change the composition of the Terms and Conditions.
- The Company will not be responsible for any loss or damage caused to the Subscribers if the Terms and Conditions is cancelled and/or withdrawn by the Company or if the Subscriber is not able to access Binge Mobile App due to a Force Majeure Event including without limitation for reasons beyond the reasonable control of the Company such as war, natural calamities, floods, failure of telecommunication network, satellite technology failure etc.
- In addition to the terms and conditions stated here, the Eligible Subscribers shall be bound by the terms and conditions stipulated in the Subscription Contract and such other documents, that may be all found on the Tata Play website. The documents referred above will be collectively referred herein as 'Subscription Contract’.
- By availing this Offer and by agreeing to use Binge Mobile App, it shall be deemed to be construed that the Eligible Subscribers have read and consented to the terms and conditions stated here in and in the Subscription Contract.
- Tata Play reserves the right to change any or all the packs and/or withdraw the packs and/or stop the transmission of any or all the Channels at any time, without assigning any reason and without any prior notification to the Eligible Subscriber and without any liability whatsoever, subject to applicable laws.
- Subscriber agrees that any information and documentation provided to them in respect of provision of Binge Mobile App is "Confidential Information" of the Company. Subscriber shall retain all Confidential Information in strict confidence and with the same amount of diligence that they exercise in preserving the secrecy of their most-valuable information, but in no event less than reasonable diligence.
- The Subscribers and/or any person through the Subscribers shall waive any and all right that such an individual may have to claim ambiguity in these Terms and Conditions and agrees to release, indemnify and hold harmless the Company 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 Subscribers accessing Binge Mobile App.
- The Company shall not be responsible for printing or typographical errors in any promotional materials; or for 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 computer, telephone, paper transfer, mail system, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access the Tata Play website or process any transaction thereon.
- All capitalized terms used herein shall have the same meaning as ascribed to them in the Subscription Contract.
- In the event of any inconsistency between the Subscription Contract and these Terms and Conditions, in so far as this Terms and Conditions are concerned, the latter shall prevail.
- Headings used herein are for convenience only and do not affect the interpretation of the Terms and Conditions.
- Any disputes, differences or questions, which may arise at any time hereafter between the Company 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.
- The Terms and Conditions shall be construed in accordance with the laws of India and the courts of Mumbai shall have the sole and exclusive jurisdiction to adjudicate on any disputes arising from the Terms and Conditions.
TERMS AND CONDITIONS FOR TOKENISATION OF CARDS
Tata Play Limited (“TPL”, “we”, “our” or “us”) is offering, inter alia, Card on File Tokenisation Services (“COFT Services”), through the Tata Pay Platform (“Platform”) in association with third party partners through which users of the Platform (“User” or “you”) may tokenise their valid credit cards, debit cards etc. issued by authorised card issuers (“Card(s)”) for the purpose of future payment transactions.
We reserve the right, in our discretion, to make changes or modifications to COFT Terms at any time for any reason. We will alert you about any changes by updating the ‘Last updated’ date of these COFT Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these COFT Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised COFT Terms by your continued use of COFT Services after the date such revised terms are posted.
Wherever the context requires User shall mean any natural or legal person who is a resident of India, at least 18 (eighteen) years of age who is eligible to contract within the meaning of the Indian Contract Act, 1872, and is not an undischarged insolvent.
When you avail COFT Services from TPL, respective Merchant’s Terms and Conditions and applicable laws, regulations in relation thereto including but not limited to any guidelines issued by the RBI will be applicable to you in addition to these COFT Terms.
- “Cardmember” shall mean the User to whom the valid Card has been issued by an authorised card issuer.
- “PAN” means the primary card account number that identifies card issuer and particular Cardmember account.
- “Token” means a surrogate value which corresponds to a PAN.
- “Tokenised Card” shall mean the Cardmember’s Card for which unique Token has been assigned on the Platform.
- “Tokenised Card Transaction” shall mean the transaction effected by using the Tokenised Card for making payment to any other person.
- “Token Requestor” shall mean TPL or TPL’s service provider which is acting in the capacity of token requestor with token service provider for providing Tokenisation Service.
- “Tokenisation Service” shall mean the service of replacement of actual Card details of Cardmembers with Token; and other processes involving Tokens which shall include but not be limited to transaction processing or deregistration of Tokens.
- Tokenisation of Cards
- The Cardmember hereby acknowledges and agrees that:
- The Cardmember may initiate a request to Token Requestor for tokenisation of Card after providing explicit consent.
- Token Requestor will collect relevant data including Card details and share the same with its third-party partners, card issuers and/or card networks for the purpose of providing the Tokenisation Services.
- The Cardmember shall provide all the requisite consents required by the Token Requestor for sharing of any information with any person (including, without limitation, the Bank) of the Cardmember and/ or the Tokenised Card for all purposes relevant to the Tokenisation and/ or in respect of the Tokenised Card Transactions.
- TPL, card networks, card issuers and TPL’s third party partners will have the right to use, transfer and process the data collected from you by TPL to provide the Tokenisation Services. Such use, transfer and processing will be in accordance with the applicable laws and may be used by card networks for various purposes including internal research, fraud, security, and risk management. TPL, card networks, card issuers or merchants in their sole discretion, shall allow or deny tokenisation of the Card on the Platform and such decision of TPL, card networks, card issuers or merchants shall be final and binding on the Cardmember.
- The use of the Tokenised Card may be subject to certain transaction limits (whether in value or number of transaction) imposed, from time to time, by your card issuer or in terms of the applicable law or internal policies and procedure of your card issuer, card network or TPL.
- The laws of India without regard to the principles of conflict of laws will govern the Tokenisation Services and any dispute of any kind that may arise between you and TPL. The Cardmember will at all times adhere to all applicable laws, rules, and regulations applicable to use of the Tokenisation Services.
- The Cardmember hereby acknowledges and agrees that:
- Loss/misuse of Tokenised Cards
- The Cardmember must immediately notify respective bank/card issuer if Token/Card is misplaced, damaged, lost or stolen or if the Cardmember suspects that the Token/Card is being used without Cardmember’s permission.
- If the Tokenised Card is hotlisted due to card damage, loss or theft and such Tokenised Card is blocked by card issuer or card network and TPL shall not be liable or responsible for any transaction incurred using the Tokenised Card prior to time the Tokenised Card being blocked and the Cardmember will be wholly liable for the same.
- The Cardmember shall be solely liable for all losses in case of misuse of the Tokenised Card by someone who obtained access to the Tokenised Card with the consent of the Cardmember. In case of any query, the Cardmember can write to us at firstname.lastname@example.org mentioning the registered mobile number on Tata Play Binge
- Cardmember’s undertakings
- The Cardmember undertakes to take appropriate security measures in relation to Tokenised Card including, without limitation, ensuring that no person has unauthorised access to the Tokenised Card.
- The Cardmember shall strictly comply with the terms of card issuer.
- The Cardmember shall be fully and solely responsible for any disclosure of the details of Cards/Tokenised Card details, password/ security credentials or other security details even if such disclosure is accidental or unauthorised. The Cardmember shall be solely responsible for all risks and consequences of the Tokenised Card being used by unauthorised persons or for unauthorised purposes, if any.
- The Cardmember hereby agrees that the Cardmember is aware of the various risks (including, without limitation, fraudulent usage of Tokenised Card) associated with usage of the Tokenised Card. The Cardmember hereby agrees and undertakes to assume and bear all the risks involved in respect of Tokenised Card and usage of the same and TPL shall not be responsible in any manner for the same and shall also not be liable for any claims, loss, damage, cost or expense and liability arising therefrom or in connection therewith.
- De-registration of Token
- The Cardmember shall follow the instructions/terms and conditions communicated by the Token Requestor to suspend/stop/delete/terminate/close the Token and not use the features thereof any longer. The Cardmember hereby acknowledges and agrees that the termination of the Token will not terminate, suspend, close or in any other manner affect the underlying PAN or any payment or other obligations arising therefrom.
- You agree that (i) all risks arising from online transactions using Tokenised Cards will be borne by you; and (ii) Tokenisation Service is provided on ‘as is’ basis.
- TPL and any third-party partners make no warranty, express or implied regarding the quality of the COFT Services including but not limited to the following: i) the COFT Services will meet your requirements; ii) COFT Services will be uninterrupted, timely or error free; or iii) any products, information or material obtained by you in connection with the COFT Services will meet your requirements.
- Except as otherwise expressly set forth in COFT Terms, all provisions of the General Terms, including without limitation, with respect to term and termination, intellectual property, indemnity and limitation of liability, privacy and compliance with applicable laws, shall apply to the COFT Services. Any breach by you of these COFT Terms shall be deemed to be a breach of General Terms. In the case of any conflict between these COFT Terms and General Terms (i) with respect to the COFT Services, these COFT Terms shall prevail; (ii) for all other matters, General Terms shall prevail.