THE TERMS AND CONDITIONS MENTIONED HEREIN ARE BINDING ON THE SUBSCRIBER AND BY INSTALLING, ACCESSING AND USING TATA PLAY BINGE SERVICE, THE SUBSCRIBER AND/OR USER AGREES TO THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOTINSTALL, ACCESS, DOWNLOAD AND USE THE TATA PLAY BINGE SERVICE AND PROMPTLY RETURN THE TATA PLAY DEVICE TO TATA PLAY OR ITS REPRESENTATIVE FROM WHOM THE TATA PLAY DEVICE HAS BEEN TAKEN.

    1. 1. Purpose.Tata Play Binge Service is provided to the Subscriber by Tata Play Limited (‘Company’) on the basis of this Terms of Service (defined below), which governs the relationship between the Company and the Subscriber and/or User while the Subscriber and/or uses the Tata Play Binge Service and related written materials ("Software/Application"). The term "Software/Application" also includes any modified versions or updates of the Software which may be provided to the Subscriber and/or User by Company.
    2. 2. Tata Play Binge Service. Tata Play Binge Service offers Subscribers and/or User unique integrated offer for paid video consumption and free video on demand on various devices including the television sets (which has an HDMI Port) and mobile devices, smart phones, that maximizes ease of discovery, consumption and payments. Tata Play Binge Service involves first of its kind, on demand video subscription service with seamless integration of Digital Content across Video Applications and content providers on various streaming devices.
    3. 3. Eligibility.(a) An individual residing in India, above 18 years of age, fully competent under law to enter into the Tata Play Binge Service Agreement; or (b) a company/entity having its place of business in India, represented by an individual having appropriate authority to accept the Tata Play Binge Service Agreement; or (c) must be an Subscriber and/or a User .
    4. 4. Terms of Service and Acceptance.
      1. 4.1 Terms of Service. These Terms of Service apply to all Subscribers and/or Users of the Tata Play Binge Service, including users who avail the Tata Play Binge Service through its Authorized Representative.
      2. 4.2 Additional Terms.Terms.The Users shall also be bound by the Privacy Policy, Tata Play Binge Mobile App Terms and Conditions, and such other documents that may be found on the Company Website or My Account.
      3. 4.3 Tata Play Binge Service Agreement. These Terms of Service and all the documents referred in section 4.2 above, shall collectively be referred to as, the ‘Tata Play Binge Service Agreement’. By clicking on the Acceptance button below and/or by using the Tata Play Binge Service and/or by using any of the services or products provided by the Company in connection with the Tata Play Binge Service, the Subscriber and/or User signifies that he/she has read, understood and accepted the terms and conditions mentioned in the Tata Play Binge Service Agreement.
      4. 4.4 Heirs and Permitted Assigns. The Tata Play Binge Service Agreement binds the Subscriber and/or User, his heirs, executors, administrators, successors, and permitted assigns, and the Company and its successors and assigns.
      5. 4.5 Amendment/Modification. Company, in its sole discretion, reserves the right to modify or revise the Tata Play Binge Service Agreement, at any time. The Subscriber and/or User agrees to be bound by such modifications or revisions. Nothing in the Tata Play Binge Service Agreement shall be deemed to confer any third-party rights or benefits. Although the Company may attempt to notify the Subscriber when major changes are made to these Terms of Service, the Subscriber and/or User should periodically review the most up-to-date version on My Account. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
      6. 4.6 Term. The Tata Play Binge Service Agreement will commence immediately upon getting access to Tata Play Binge Service by the Subscriber and User and will remain valid, subject to applicable terms and conditions.
    5. 5. Services.
      1. 5.1 Tata Play Binge Service.The Subscription Service that the Company offers through the Tata Play Binge Service is an on-demand video subscription service, containing, other third-party OTT Application(s), owned, curated and operated by such third-party OTT Applications Service Provider and other varied content from various content providers and studios. Service is available only in India. Further, all the rights, title, interest and ownership of the Tata Play Device shall always continue to solely and exclusively vest with the Company. The service shall be provided within a reasonable time of receipt and acceptance of this Tata Play Binge Service Agreement and subject to technical feasibility. The Company grants the Subscriber and/or User permission to use the Tata Play Binge Service, subject to payment of the Subscription Fee and such other charges as may be payable by the Subscriber to the Company. After a Subscriber and/or User has installed and downloaded the Tata Play Binge Service, as per the directions given, Subscribers and/or User shall use the Software on any phone, mobiles or tablets that are owned or controlled by Subscriber and/or User, which are not jail broken, and only as permitted by the usage rules set forth in the App Store Terms of Service. Subscribers and/or User are granted only a limited non-transferable and non-exclusive right to use Tata Play Binge Service restricted to your personal use of the Subscriber and/or User. The Subscriber shall not delete or otherwise modify the copyright and other proprietary notices that appear on or in the Tata Play Binge Service. Additionally, Subscribers and/or User will also have access to free video on demand (FVOD) and advertising video on demand (AVOD) content on the Tata Play Binge Service.
      2. 5.2 Personal Use.The Service and the Tata Play Device is provided to the Subscriber and/or User by the Company and for only personal and non-commercial use and viewing in India. Consequently, the Subscriber and/or User is prohibited from using the Services and/or the Tata Play Device for commercials purposes or for any other purpose not contemplated under this Tata Play Binge Service Agreement such as sale of access to the Service or sale of the Tata Play Device.
      3. 5.3 Internet and Wireless Connectivity.  Tata Play Device needs wireless internet ONLY to get connected, which could be through a wi-fi based internet or internet dongle from a third-party provider in order to avail the Tata Play Binge Services. In such cases, the Internet connection or internet data plan is subject to the fees, restrictions, terms and limitations imposed by the internet service provider.
      4. 5.4 OTT Applications Service Provider.
        1. 5.4.1 As mentioned in section 5.1 above, the Tata Play Binge Service that we offer also includes third party OTT Application(s), owned, curated and operated by such third-party OTT Applications Service Provider. Such OTT Applications Service Provider that provide subscription services may change or discontinue the features of their services or the content in their services. These OTT Applications Service Provider or their OTT Applications or services are not owned or controlled by the Company . The Company does not have control over such OTT Applications and assumes no responsibility for the OTT Applications Service Provider or the OTT Applications, third-party services or content, privacy policies, or practices of any OTT Applications Service Provider or the OTT Applications. In addition, the Company will not be responsible to censor or edit the services or content of any OTT Applications Service Provider or the OTT Applications as such rights vests only with the respective OTT Applications Service Provider or the OTT Applications. By using the Tata Play Binge Service, the Subscriber and/or User expressly relieves the Company from any and all liability arising from the use by the Subscriber and/or User of any OTT Applications Service Provider or the OTT Applications, third party websites or services, including watching the content on the OTT Applications of the OTT Applications Service Provider. Consequently, the Company encourages the Subscriber and/or User to be aware when the Subscriber and/or User leaves the service page on the Tata Play Binge Service and to read the terms and conditions and privacy policy of each OTT Applications Service Provider and/or the OTT Applications that the Subscriber and/or User visits through the Tata Play Binge Service.
        2. 5.4.2 Because the access to the OTT Applications of the OTT Applications Service Provider is subject to the specific subscription terms and conditions of that OTT Applications Service Provider, in addition to the terms and conditions stated here, the Subscribers and/or User shall also be bound by the applicable terms and conditions associated with the terms of use or services of that OTT Applications of the OTT Applications Service Provider including any other policies made available on the OTT Applications or the website of the OTT Applications Service Provider, including but not limited to the Privacy Policy.
      5. 5.5 Interruption of Services. Company shall use reasonable endeavours to maintain the maximum possible uptime of the Services, as mandated under law, however, the Company cannot guarantee that the Services will be fault free without any interruption, disruption or downtime. Company may suspend the Services: (i) in order to carry out maintenance or testing; (ii) to safeguard the security and integrity of the Services or for technical purposes; or (iii) if so, directed by the content provider or the government or any regulatory body. Company may, from time to time, block individual Subscriber and/or User, as identified and directed by an enforcement agency, including DoT. The Company shall not be liable to refund any amounts to the Subscriber and/or User or compensate the Subscriber and/or User for any such disruption of Services, downtime or for any of the above reasons.
      6. 5.6 Quality, functionality, and/or availability of the services.Quality, functionality, and/or availability of the Services may be affected and the Company, without any liability whatsoever, is entitled to refuse, limit, suspend, vary or disconnect the Services at any time, for any reasonable cause including, but not limited to, the following: -
        1. 5.6.1Any violation of applicable rules, regulations, orders, directions, notifications, conditions of the License Agreement, etc., issued by Government/ DoT/TRAI, or any other law for the time being in force;
        2. 5.6.2 If the Subscriber defaults in making a payment (including past defaults) for the Services or for any other charges due to Company;
        3. 5.6.3During technical failure, modification, up-gradation, variation, repair and/or maintenance of the systems/equipment;
        4. 5.6.4To combat potential fraud, sabotage, wilful destruction or threat to national security;
        5. 5.6.5 Transmission limitation caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints/limitations and/or due to non-availability of suitable technical sites to install/upgrade the network;
        6. 5.6.6 Due to force majeure such as acts of God or circumstances beyond the control of the Company, including, insurrection, civil disorder or military operations, national or local emergency, industrial disputes of any kind (whether or not involving the Company ), fire, lightening, explosion, flood, inclement weather conditions, acts of or commission by persons or bodies for whom the Company is not responsible or any Act, Regulations or Policy of the Government of India or State Government or any other Statutory Authority, etc.;
        7. 5.6.7 If the Services are used in violation of any law, rule or regulation, or for a purpose other than that permitted by the Company at the time of subscription;
        8. 5.6.8 Interconnection failure between the Company or/and other service provider(s);
        9. 5.6.9 Any bonafide action taken by the Company to protect its Intellectual Property Rights (IPR) or such rights of the content providers or any other person, whose interest the Company is bound to protect under contract or law;
        10. 5.6.10 Any other reason, which the Company finds as reasonable warranting a limitation/ disconnection of the Services.
      7. 5.7 Geographic Variability. Access to the Digital Content is permitted only for India. The Digital Content (including subtitled and dubbed audio versions of Digital Content) and the manner in which Company may offer Digital Content to the Subscriber and/or User will vary over time and by location. Company may use technologies to verify the geographic location of the Subscriber and/or User and may not use any technology or technique to obscure or disguise location.
      8. 5.8 Playback Quality; Streaming. The playback resolution and quality of the Digital Content that the Subscriber and/or User may receive will depend on a number of factors, including the type of Compatible Device on which the Subscriber and/or User is accessing the Digital Content and the Internet bandwidth used by the Subscriber and/or User, which may increase or decrease over the course of the viewing. If the Company detects that the Digital Content that is being streamed to the Subscriber and/or User may be interrupted or may otherwise not played properly due to bandwidth constraints or other factors, Company reserves the right to decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While the Company will strive to provide the Subscriber and/or User a high-quality viewing experience, Company makes no guarantee as to the resolution or quality of the Digital Content that the Subscriber and/or User will receive when streaming, even if the Subscriber and/or User may have paid extra for access to high definition, ultra-high definition, or high- dynamic-range content.
    6. 6. Setup and Installation.
      1. 6.1 Tata Play Binge Service is only compatible with the Tata Play Device and Compatible Device The Subscriber and/or User is informed that the Service cannot be operated or availed by the Subscriber and/or User without the Tata Play Device and Compatible Device. Company will supply a suitable Tata Play Device to Subscriber and/or User in order to facilitate provision of and use of the Tata Play Binge Services. In order to use the Tata Play Device, the Subscriber and/or User will need compatible Incidental Accessories such as television sets and/or services of third party for Installation (for example, technician or electrician). Company will endeavour to inform the Subscriber and/or User in advance if such services are required during the Installation. Company shall be responsible for actions of any such third-party service provider of the Subscriber and/or User.
      2. 6.2 Compatible Device and Services. In order to stream Digital Content, the Subscriber and/or User will need to use a television set which has an HDMI Port or mobiles, tablets, smart phones etc. using internet connectivity and are capable of downloading and connecting to the Tata Play Binge Service (a ‘Compatible Device’). The Company may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future. Subscriber and/or User shall be responsible to ensure the compatibility of the Compatible Devices and services with Tata Play Device. Company neither warrants nor accept any legal responsibility for operation of the Compatible Devices and services used to access the features of the Tata Play Device or of the Subscriber’s and/or User’s use of Compatible Devices in conjunction with the Tata Play Device.New Versions. Company, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to Software (collectively "Upgrade"). You accept, acknowledge and agree that Company has no obligation to make available to you any Upgrades or subsequent versions of the Software. The Subscribers and/or User also agree and accepts that the and/or User Subscriber will have to enter into a renewed version of this Agreement if the Subscribers and/or User wants to download, install or use an Upgrade or new version of the Software.
      3. 6.3 Delivery and Installation of the Tata Play Device.Tata Play Device will be delivered and installed at the Address subject to Subscriber being an active Subscriber of the direct to homes services of the Company. Installation will take place at a time convenient to both, the Subscriber and the Company. Company will make reasonable efforts to arrange for an Engineer to perform Installation on the date and at the time requested by the Subscriber. Installation shall be done only in the presence of Subscriber or the Authorised Representative. At the time of the Installation, the Company may require the Subscriber to submit copies to verify the information provided to the Company including the information provided by the Subscriber while availing the direct to home service of the Company . Identification proof could include photo identification proof such as ration card, passport. If the Subscriber is interested to reschedule the installation time, the Subscriber must inform the Company by contacting the Helpline at least forty-eight (48) hours prior to the scheduled Installation.
      4. 6.4 Charges for Installation. Subscriber is responsible for the cost of any third- party services and Third-Party Devices. Company will charge the Subscriber for Installations at the prevailing rate schedule of the Company. Such charges may either be debited to the Subscriber Account. Company reserves the right to charge Subscriber by debiting the Subscriber Account if the Engineer has visited and the Installation has not taken place because: (i) any necessary permission(s) or authorisation(s) have not been obtained or are withdrawn; or (ii) Subscriber or the Authorised Representative are not present at the appointed time; or (iii) Subscriber fails to furnish adequate valid Identification proof or (iv) Subscriber fails to provide Compatible Device or ensure availability of third-party services or (v) of any other force majeure event.
      5. 6.5 Permissions for Installations. By fixing the date and time of Installation, it shall be deemed to be construed that the Subscriber has granted the Company to do the installation activities. Prior to scheduling the Installation, the Subscriber needs to obtain the necessary permission(s) or authorisation(s) required for installation at the Installation Address including the requisite permission(s) or authorisation(s) to access any common (or third party) property for the purpose. Subscriber shall be solely responsible to resolve any and all third-party objections raised during Installation. Subscriber must ensure that engineers of the Company can safely access the location for Installation including any common (or third party) area and carry out the Installation in a safe and peaceful manner.
      6. 6.6 Inability to Install. Company shall not be responsible in any manner whatsoever under this Terms of Services, if the Installation has not been performed or completed or cannot be performed because (i) any necessary permission(s) or authorisation(s) have not been obtained or are withdrawn; or (ii) the Subscriber or Authorised Representative are not present at the appointed time or (iii) the Subscriber has failed to furnish documents as may be required by the Company or (iv) for reasons attributed to the Subscriber including non-availability of Incidental Accessories and services including third-party services such as electrician needed for Installation or (v) of any other force majeure event. Company may consult the Subscriber on matters regarding Installation, however, the decision-making authority on all Installation matters shall solely vest with the Company given the expertise that the Company has in connection thereto.
    7. 7. Tata Play Device.
      1. 7.1 Ownership and Entrustment. Tata Play Device is the property of the Company and ownership of Tata Play Device is not transferred to the Subscriber. The Company continues to be the owner of the Tata Play Device and the Tata Play Device is provided to Subscriber on an entrustment basis, without any consideration, only to facilitate the Subscriber to avail the Tata Play Binge Services of the Company during the validity of the Tata Play Binge Service Agreement. As the Tata Play Device has been provided on entrustment basis, it cannot be construed that any rights in the Tata Play Device or otherwise of whatsoever nature has been transferred to Subscriber by the Company.
      2. 7.2 Use. Subscriber must use the Tata Play Device always in conjunction with Tata Play Binge Services and must comply with all manufacturers’ instructions and any other reasonable instruction provided by the Company. Company may add to or substitute the Tata Play Device as necessary to provide the Tata Play Binge Services or for other reasons. Subscriber is advised to refer to the manufacturer manual or such other manuals supplied with the Tata Play Device concerning installation and safety information and must read all instructions as well as safety and security information before using the Tata Play Device. Further, the Tata Play Device must be used by the Subscriber in accordance with the guidelines, instructions and other specifications provided to the Subscriber from time to time. All such services catalogues, manuals, booklet issued by the Company from time to time shall be binding on Subscriber. The Subscriber is prohibited from transferring or allowing any other person or entity to use the Tata Play Device or creating any encumbrance or third-party claim on the Tata Play Device.
      3. 7.3 Incidental Accessories and services including Power Supply. Subscriber is solely responsible to supply the incidental accessories and services, including internet service and power supply. In order to receive an uninterrupted Tata Play Binge Service, the Subscriber must ensure that the Subscriber has WIFI connectivity. Company shall not be liable if any Incidental Accessories and/or services are faulty or incompatible and the loss or inability to use incidental Accessories and/or services shall not absolve the Subscriber from the Subscriber’s liability to pay charges on account of the Tata Play Binge Service and/or the use of the Tata Play Device.
      4. 7.4 Maintenance Company does not give any assurance on the merchantability or workability of the Tata Play Device and shall not be responsible for the maintenance of the Tata Play Device. Company specifically disclaims any statements made indicating that the Tata Play Device shall be without any fault or damage including faults or damages resulting from exposure to adverse environmental conditions including excessive moisture and excessive temperatures, damage to the Tata Play Device on account of force majeure. Subscriber must always maintain and keep the Tata Play Device in good and useable condition (normal wear and tear excepted) until returned to or collected by the Company . Only the Company is authorised to repair the Tata Play Device. The Subscriber must keep the Tata Play Device safely and must not remove any marking that identifies the Tata Play Device as belonging to the Company. Subscriber must not allow anyone else to otherwise tamper with or use the Tata Play Device in any manner not specifically authorise by the Company.
      5. 7.5 No Commitment on Uninterrupted Services. Tata Play Service and/or the Tata Play Device is supplied by the Company on ‘As is and Available’ basis only. Company does not guarantee that the services will be uninterrupted error-free or free from viruses, Trojan horses or harmful components.
      6. 7.6 Service Commitment. Company, at its sole discretion, may provide to the Subscriber a Service Commitment for a period of one year from the date of activation of the Tata Play Device (‘Service Commitment Period’). The Service Commitment may include repair or replacement with a new or refurbished Tata Play Device provided (i) the Tata Play Device is faulty and the same is confirmed by the technical support team of the Company (ii) its damaged due to reasons not attributed or caused by the Subscriber. If either of the forgoing conditions is not met, then the Company reserves the right to charge the Subscriber for the repair or replacement, as the case may be. Further, if the Subscriber wants a replacement from the Company outside the Service Commitment, a charge may apply. For avoidance of doubt, it is clarified that this limited Service Commitment applies only to hardware components of Tata Play Devices that are not subject to accident, misuse, neglect, fire or other external causes, alterations, repair, or commercial use.
      7. 7.7 Replacement. Company may from time to time, for any reason, replace the Tata Play Device or any component thereof. Subscriber shall cooperate with the Company in the replacement of the Tata Play Device or any component thereof. Company will notify the Subscriber of the details for the process of replacing the Tata Play Device or any component thereof. If the Subscriber requires replacement of the Tata Play Device or any component thereof within the period of their Tata Play Device Service Commitment (if any given by the Company ), the Subscriber is entitled to a free replacement of the Tata Play Device provided the original Tata Play Device is (i) confirmed by the technical support of the Company to be faulty (ii) this fault is confirmed as not caused by the Subscriber and (iii) the original Tata Play Device is confirmed as returned by the Company . If either of the forgoing conditions is not met, then the Company reserves the right to replace the Tata Play Device at a charge. Further, if the Subscriber wants a replacement from the Company outside the Service Commitment, a charge may apply.
      8. 7.8 Repossession. Company reserve the right to repossess the Tata Play Device and/or claim damages from Subscriber if the Tata Play Device is (i) stolen or lost (ii) damaged or (iii) used unauthorized (iv) not returned by the Subscriber upon cancellation, deactivation or completion of the Term or at the instruction of the Company . Non-exercise by the Company , of this right of re- possession, does not operate as a waiver on the part of the Company , from exercising this right.
      9. 7.9 Prohibited use of Services. Company forbids its Subscriber to use the Tata Play Device to transmit any objectionable or obscene messages or communication, which is inconsistent with applicable laws or religious norms, or for using any malicious, illegal, abusive, threatening or harassing messages to generate spam traffic, anti-national or immoral activities, including, without limitation, illegal voice termination activities or that results in damaging or risking the Company or its network/equipment’s/call center and/or other subscribers. Any detection of such prohibited uses will invite immediate censure by the Company and such actions shall be reported to the relevant authorities. Any breach of this section or violation of the law will result in immediate action by the Company, including initiating legal proceedings or filing a complaint with the relevant authorities for the purposes of enforcement of any legal remedy or action. Any violation or misuse by any Subscriber shall under no circumstances be attributable to the Company and the Subscriber shall be solely responsible for all such acts or omissions.
      10. 7.10 Anti-piracy. Piracy is a criminal offence under law and reproduction, distribution, publication, copying, downloading or exploitation of any OTT Applications Service Provider or the OTT Applications content is strictly discouraged by the Company . In furtherance to this intent, Company , with or without notification to the Subscriber, may deploy security measures to detect piracy or any unlawful activity that may be conducted in association to the Tata Play Binge Services or Tata Play Device provided by the Company . These security measures could include without limitation fingerprinting mechanism and monitoring of all activities connected to the service including usage of the Tata Play Binge Services or the Tata Play Device under this Tata Play Binge Service Agreement. Company reserves the right to enter into the premises to inspect and audit the premises without any prior notification to the Subscriber. Company has the right to immediately deactivate, cancel and terminate the Tata Play Binge Service Agreement and repossess the Tata Play Device including any connected devices, information or documents. The forgoing rights shall be in addition to all the other rights that the Company may have under the law including without limitation initiating proceedings including legal proceedings, information the enforcement agencies.
      11. 7.11 Inspection, Suspension and Repossession.Company, without any prior notification and during reasonable hours permitted under the law any time during the Term of the Tata Play Binge Service Agreement, may enter the Address, or such other locations where the Tata Play Binge Services is availed by the Subscriber, to inspect and verify if the Subscriber is in compliance with the Tata Play Binge Service Agreement. Company shall be entitled to take photographs and collect documents, materials, equipment or other information necessary as proof of any violation of the Tata Play Binge Service Agreement or intellectual property rights of any party.
      12. 7.12 Amazon Fire TV Stick with Voice Remote – Tata Play Edition (‘FTV TSE’).
        1. 7.12.1 The Subscriber acknowledges and agrees to the following specific conditions which shall apply to Amazon Fire TV Stick with Voice Remote – Tata Play Edition:
        2. 7.12.2 For Subscriber access and use of the FTV TPE, the Subscriber must maintain a valid subscription to the Tata Play Binge Service. The Subscriber’s use of the FTV TPE will be subject to these terms of service, updated from time to time and available at My Account, in addition to Amazon device terms available at https://www.amazon.in/gp/help/customer/display.html?nodeId=201267340 as may be updated by Amazon from time to time (Amazon Device Terms). If the Subscriber fails to maintain a subscription or comply with these above terms, Tata Play at its discretion may restrict the Subscriber’s use of the FTV TPE.
        3. 7.12.3 Subscriber will need an Amazon account to activate and continue using your FTV TPE. If the Subscriber does not have an existing Amazon account, the Subscriber must create one for this purpose. To activate the FTV TPE, the Subscriber must login to their Amazon account using their Amazon credentials. Subscriber’s Amazon account credentials are confidential information. Therefore, Subscriber must not share their Amazon account credentials with anyone, including, but not limited to, Engineers sent by the Company.
        4. 7.12.4 If the Subscriber FTV TPE suffers from defects arising from ordinary consumer use within the Service Commitment Period, Company, at its sole discretion, may provide to the Subscriber a Service Commitment as stated in section 7.6 above.
        5. 7.12.5Subscriber is not entitled to a One-Year Limited Warranty provided by Amazon for the standard Amazon Fire TV devices. Amazon will not be responsible to the Subscriber in any way in respect of the FTV TPE s, including for device repairs, returns, and/or replacements. Subscriber must return all defective FTV TPEs to Company’s service centres or stores and not to Amazon. To the extent the terms in this section conflict with the Amazon Device Terms, the terms of this section read together with section 7.6 shall prevail.
        6. 7.12.6 When the Subscriber returns the FTV TPE to Company, Subscriber must ensure that the Subscriber resets the FTV TPE through the “Reset to Factory Defaults” option under ‘My Fire TV’ in Settings Section. Subscriber Amazon account credentials are confidential information and Subscriber must not share their Amazon account credentials with anyone, including, but not limited to, Engineers.
    8. 8. Tariff, Subscription Fees, Other Charges and Payments.
      1. 8.1 Prices and Taxes.Tariff, Activation Charges, Subscription Fees or other charges shall be payable by the Subscriber in accordance with the tariff plans and associated offers that may be introduced by the Company from time to time in accordance with applicable law. Company reserve the right, without any previous notification to the Subscriber, to change the prices, including increase the prices or modify the plan and offer. Subscriber must visit the Company Website or My Account for the updated prices, tariff plans and offers. Subscriber shall be entitled to only those discounts, credits or refunds as expressly authorised by Company. Subscriber shall maintain a security deposit, if required in accordance with the terms of the package or the offer that may be subscribed by the Subscriber. Company reserves the right to forfeit/adjust/apply the said security deposit in full or in part satisfaction of any sum due from the Subscriber to the Company at any time. Unless otherwise specified by the Company , the Subscriber is solely responsible and liable for payment of all taxes, duties, levies and charges imposed by or under any applicable law in connection with the Tata Play Binge Service or any associated services.
      2. 8.2 Payments.All Services under the Tata Play Binge Service Agreement are pre-paid services and therefore, the Subscriber and/or User must pay all fees and/or charges including Subscription Fee to the Company before availing any Services from the Company. In addition to the Subscription Fee, the Company reserves the right to charge the Subscriber and/or User additional amounts, including for repair services, or such other offers, packages and additional services provided or associated with the Services. All transactions between the Company and the Subscriber and/or User shall be done through the account which will be maintained with the Company . Account Balance in the account is non-transferable and non-refundable. The Subscriber and/or User shall pay all dues in full, without any deduction, set-off or withholding in respect of the Services provided by the Company , services in connection with the account, whether or not authorised by the Subscriber and/or User and whether or not these dues exceed the assigned credit limit (if any). Acceptance of payment from a person other than the Subscriber and/or User will not amount to the Company having transferred or subrogated any of the rights or obligations of the Subscriber and/or User to such third party. Company reserve the right to receive payment in any form including white label wallet or other wallet solution that it may offer customer time to time subject to wallet condition.
      3. 8.3 Due Date and Non-payment. All Services under the Tata Play Binge Service Agreement are pre-paid services and therefore, the Subscriber and/or User must pay all fees and/or charges including Subscription Fee to the Company before availing any Services from the Company. In addition to the Subscription Fee, the Company reserves the right to charge the Subscriber and/or User additional amounts, including for repair services, or such other offers, packages and additional services provided or associated with the Services. All transactions between the Company and the Subscriber and/or User shall be done through the account which will be maintained with the Company . Account Balance in the account is non-transferable and non-refundable. The Subscriber and/or User shall pay all dues in full, without any deduction, set-off or withholding in respect of the Services provided by the Company , services in connection with the account, whether or not authorised by the Subscriber and/or User and whether or not these dues exceed the assigned credit limit (if any). Acceptance of payment from a person other than the Subscriber and/or User will not amount to the Company having transferred or subrogated any of the rights or obligations of the Subscriber and/or User to such third party. Company reserve the right to receive payment in any form including white label wallet or other wallet solution that it may offer customer time to time subject to wallet condition.
    9. 9. Offer, Discounts, Packages and Package Migration.
      1. 9.1 Subscription change, new, additional or supplementary Services.Offers and pricing for subscriptions, the subscription services, the extent of available Digital Content, and the specific titles available through subscription services, may change over time and by location without notice. The Company is entitled to add/alter or withdraw any additional or supplementary services, including, the charges for the same, at any time, in its sole direction. Provision of additional/supplementary Services shall be on such other/additional terms and conditions as specified by the Company from time to time and such other/additional terms and conditions shall be deemed to be a part and parcel of the Tata Play Binge Service Agreement. If the Subscriber and/or User does not agree to the subscription change, new, additional or supplementary Services, the Subscriber and/or User may cancel the subscription per the Cancellation provisions below. Company does not make any guarantee as to the availability of specific Digital Content or the minimum amount of Digital Content available through the Tata Play Binge Service.
      2. 9.2 Packages and Offer.Subscriber must subscribe to any one of the packages for direct to home services of the Company . In addition to the packages for direct to home services of the Company , the Subscriber and/or User must subscribe to the packages associated with the Services as may be introduced by the Company from time to time. The details of such packages and associated services shall be published on the Company’s Website or My Account. Company is constantly evolving in order to provide the best possible experience and information to its subscribers. 10 Consequently, different plans, schemes, top ups, and/or packages offered by the Company shall have correspondingly different compositions, prices, charges, fees and terms and conditions applicable to them, all of which are subject to change by the Company from time to time, in line with the overall regulatory guidelines. Company reserves the rights to change, replace, modify suspend, cancel or discontinue any or all primary packages or associated services at any time without notice, in accordance with applicable law and the Subscriber and/or User must visit the the Company’s Website or My Account for the latest information in this regard.
      3. 9.3 Package Migration.Subscriber and/or User may, at any time, request to change the Package subscribed by the Subscriber. The Subscriber will be liable to pay the applicable charges for the requested Package and such charges shall be payable before availing the new Package.
      4. 9.4 Discounts and Special Benefits Schemes. Company may announce discounts or other special benefit schemes pertaining to the Service and/or additional/supplementary and withdraw/vary/extend such schemes at its sole discretion without incurring any liability whatsoever.
    10. 10. Subscriber Obligations. Subscriber and/or User shall not use the Services for any unlawful or immoral purposes including that which are in violation or derogation of any law or for any purposes which are against any public policy or for sending/receiving obscene, threatening, harassing messages/ communications or sending messages or communications that affect national interest, or result in damaging or risking the Company or its network/equipment’s/call center and/or other subscriber(s). The Subscriber shall be solely responsible for all such acts or omissions. Subscriber and/or User undertakes to return the Tata Play Device immediately on temporary suspension of service or disconnection for any reason. Subscriber and/or User shall not claim any interest, charge or lien on the Tata Play Device, even if any dispute is pending for resolution between the Subscriber and/or User and the Company.
    11. 11. Subscriber and/or User Undertakings. The Subscriber and/or User acknowledges, agrees and undertakes:
      1. 11.1 That the documents/details submitted by the Subscriber and/or User are subject to clearance/acceptance by the Company. In case of non-acceptance/rejections of documents, the refund, wherever applicable, will be made as per the regulations, as may be amended from time to time.
      2. 11.2 To pay the Company the Subscription Fee including the tariff charges as published and notified by the Company from time to time.
      3. 11.3 That the Subscriber and/or User is fully conversant with the Services provided by the Company together with its charges, specification, requirements, limitations, etc., and has signed the Tata Play Binge Service Agreement with complete understanding of the terms and conditions and of the obligations of the Subscriber and/or User.
      4. 11.4 To comply with all applicable laws, including rules, regulations, orders, directions, notifications, etc., of the Government/Court/tribunals/TRAI/DoT and shall also comply with all the directions issued by the Company related to the network, service, equipment, or connected matters and shall provide to the Company all information and co-operation as may be required by the Company from time to time.
    12. 12. Usage of Mobile Number of Subscriberand/or User by the Company
      1. 12.1 In order to engage Subscribers and/or User, Company may send information related to Tata Play Binge Service to Subscribers and/or User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the Subscriber and/or User (hereinafter collectively referred to as "Communication Services"). The Subscriber and/or User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are related to Tata Play Binge Service.
      2. 12.2 The Subscriber and/or User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by Company are upon the request and authorization of the Subscriber and/or User.
      3. 12.3 By way of example, and not as a limitation, the Subscriber and/or User agrees and undertakes that when using a Communication Service, the Subscriber and/or User will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
      4. 12.4 upload files that contain software or other material protected by intellectual property laws unless the Subscriber and/or User owns or controls the rights thereto or have received all necessary consents.
      5. 12.5 upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of Tata Play Binge Service.
      6. 12.6 advertise or offer to sell or buy any goods or services for any business purpose.
      7. 12.7 conduct or forward surveys, contests, pyramid schemes or chain letters.
      8. 12.8 download any file posted by another Subscriber and/or User of a Communication Service that the Subscriber and/or User know, or reasonably should know, cannot be legally distributed in such manner.
      9. 12.9 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;
      10. 12.10 violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service.
      11. 12.11 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 this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
      12. 12.12 Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate the Subscriber's and/or User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
      13. 12.13 Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
      14. 12.14 Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the Communication services and any actions resulting from the Subscriber’s and/or User’s participation in any communication service.
      15. 12.15 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Subscriber and/or User is responsible for keeping himself/herself updated of and adhering to such limitations if they download the materials.
    13. 13. Termination, deactivation, and reactivation.
      1. 13.1 Deactivation. Company reserves the right to deactivate the Services and/or the Tata Play Device and/or the Subscriber Account for any reason, including Subscriber’s and/or User’s failure to comply with the Tata Play Binge Service Agreement, non-payment or making unauthorised use of the Services, conducting piracy through the Services or if mandated by the law. In addition to the deactivation, the Company shall have the right to exercise all other rights and remedies that the Company may have under the law.
      2. 13.2 Suspension.Company reserves the right, without notice or any liability whatsoever to the Subscriber and/or User, to interrupt, suspend, cancel, modify, or terminate any services (or part thereof) supplied to the Subscriber and/or User, if such action is deemed necessary by the Company (i) under any law or is requested by any competent authority; (ii) for technical, maintenance, security or failure or degradation of any facilities, equipment or systems used to provide the Service; (iii) to combat any acts of piracy, fraud or misuse of the Service; (iv) due to any act beyond the control of the Company; (v) for any legitimate business purpose; or (vi) for reasons of threat to national interest, or in the event of emergency, such as, war or similar situation or if the services or content is anti-national, promotes political / religious propaganda, against public policy, banned or restricted from being distributed under any applicable laws or the Company otherwise determines that it is objectionable or obscene or derogatory to any person or class of persons or hurts the religious sentiments of any religious group or infringes the privacy rights of any individual or is not in the interest of subscribers or the general public. In the event of an interruption, suspension or deactivation of the Service, the Company may, at its discretion, reactivate the Service, subject to any conditions that the Company may impose from time to time.
      3. 13.3 Cancellation.Subscriber and/or User may cancel or completely discontinue availing the Services by contacting the Company. In case of a cancellation or complete discontinuation of the Service, this Tata Play Binge Service Agreement shall automatically stand terminated from the date of cancellation or discontinuation of that particular Services and Subscriber shall immediately return to the Company all the Tata Play Device that the Subscriber may have in its possession. Notwithstanding anything to the contrary stated herein, in the event, the Subscriber cancels the direct to home services that the Subscriber is availing from the Company, then the Tata Play Binge Services that the Subscriber is entitled under this Tata Play Binge Service Agreement shall also be discontinued and therefore, this Tata Play Binge Service Agreement shall automatically stand terminated from the date of cancellation or discontinuation of that particular Services and as stated above Subscriber shall immediately return to the Company all the FTV TPE that the Subscriber may have in its possession.
      4. 13.4 Reactivation. Company reserves the right to reactivate any suspended, cancelled or deactivated account at its sole discretion. Upon reactivation, the Company may deduct the expenses, charges and/or penalties that the Company may deem fit. These additional charges shall be debited from the Subscriber account or separately recovered from the Subscriber and/or User at the option of the Company.
      5. 13.5 Survival. Deactivation, suspension or termination shall be without prejudice to any other rights or remedies a party may be entitled to in law or under the Tata Play Binge Service Agreement and shall not affect any accrued rights or liabilities of either Party nor the coming into force or the continuance in force of any provision of the Tata Play Binge Service Agreement, which is expressly or by implication intended to come into or continue in force on or after such termination.
    14. 14 General Provisions.
      1. 14.1 Intellectual Property Rights.Subscriber and/or User acknowledges and agrees that the Tata Play Device, the associated equipment and services, signal, marks, logos embossed or associated with the forgoing and all copyrights, trademarks and other intellectual property rights in connection thereto are the exclusive property of the Company or the Company’s third party licensors such as the OTT Applications Service Provider or OTT Applications and the Subscriber and/or User shall not do or permit anything to be done to infringe or violate such property rights or titles. The Subscriber shall immediately notify the Company if the Subscriber and/or User becomes aware of any unauthorised use of the whole or any part of the intellectual property rights of the Company, including, that related to the Tata Play Device and the associated equipment and services.
      2. 14.2 Privacy and Data Protection. Privacy of communication is subject to the terms of the Privacy Policy on the Company’s Website, the license agreement of the Company with third parties, including its Affiliates, Subsidiaries and Group Companies, and other statutory and regulatory notifications/directives, etc. Subscriber and/or User grants its express consent to the Company to collect, use, share and/or retain the personal and sensitive personal information of the Subscriber and/or User and/or Authorized Representative, including all information shared by the Subscriber and/or User and/or Authorized Representative, and contact the Subscriber and/or Authorized Representative using their information for all purposes, including, fulfill the Subscriber’s and/or User or Authorized Representative’s requests regarding the Services, respond to their inquiries, conduct market research, enforce the legal terms, prevent fraud or potentially illegal activities, protect the safety of other subscribers, perform analyses, provide technical support, improving services, etc. Company reserves the right to share, in India or outside India, information about the Subscriber (and/or User including personally identifiable information and viewing trends) with third parties (located in India or outside India),for various purposes, including, (i) performing marketing, administration or other services including technical support; (ii) administering and processing requests; (iii) assisting in product development, research, strategic, financial or other business decisions; (iv) collecting patterns and conduct analysis, market research, analysis of group statistical patterns of the Subscribers and/or User’s to understand trends and patterns; (vi) obtaining professional advice including, enforcement of legal terms, prevention of fraud etc.; (vii) 14 responding to proceedings (including legal, e.g., in response to a court order or a subpoena) or disclosing information upon request of law enforcement agencies.
      3. 14.3 Third Party Rights. The Subscriber and/or User shall not violate any third-party rights or the privacy rights of any persons or individual or entity. The Subscriber and/or User shall not make any public statement or media statement connected with the Company or its affiliate or group company or in relation to the services.
      4. 14.4 Force Majeure.Company shall not be responsible or liable in any way for the failure or delay in the performance of its obligations due to Force Majeure. If a Force Majeure ceases to exist, Company may perform or resume performance of its obligations and the time for performance will be extended by a period equal to the duration of the Force Majeure. Reasonable efforts shall be made to minimise such service disruptions. If Force Majeure persists, Company shall be entitled to terminate the Tata Play Binge Service Agreement on written notice. Subscriber and/or User shall remain liable for all charges during any such disruptions, unless decided otherwise by the Company.
      5. 14.5 Disclaimer and Limitation of liability.
        1. 14.5.1 Company does not make any express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services or the Tata Play Device or the equipment etc., unless expressly mentioned in the Tata Play Binge Service Agreement. The Company specifically disclaims any statements indicating that the Tata Play Device shall be without any fault or damage, including faults or damages resulting from exposure to adverse environmental conditions, including excessive moisture and excessive temperatures or damage to the Tata Play Device on account of force majeure.
        2. 14.5.2 Subscriber and/or User availing any of the services supplied by the Company shall be at the sole risk, costs, charges and consequences of the Subscriber and/or User. Company, its affiliates, group companies, their officers, directors, employees, subcontractors, exclude all warranties, express or implied, in connection with the Services, including the use, accuracy, fitness for purpose, merchantability, completeness of the Services, suspension or cessation of the Services, any fraud, misrepresentation, negligence or loss that may be caused to the Subscriber and/or User or any third party in connection therewith. Company shall not be responsible for any deficiency in Services, delay and/or disruption in Services attributable, directly or indirectly, to the services provided by the OTT Service Providers, damage to property or person that may take place during or in connection with any Installations, any loss incurred to the Subscriber and/or User or any third party resulting from the use of the Services or any omission or, consequential or indirect damages or losses.
        3. 14.5.3 Company shall not be liable to the Subscriber and/or User and/or any person, firm, body corporate claiming through, under or in trust for the Subscriber and/or User and the Subscriber and/or User hereby waives all claims/actions of any delays or losses, including, but not limited to, loss of business, profit, revenue or goodwill demands fees, cost expenses, order judgment, etc. or any direct, incidental or consequential losses arising out of any delays, errors of defects, etc. Further, the Subscriber and/or User remains solely responsible for his/her negligence, acts or omissions.
        4. 14.5.4 Company shall not be responsible for any acts or omissions of the OTT Applications Service Provider or the OTT Applications, direct sales agents, franchisees or any other third party with respect to schemes or benefits which are not authorized by the Company or which are purported to have been offered on behalf of the Company without the explicit and specific sanction in writing of the Company.
        5. 14.5.5 Company will not incur any liability for any of its bonafide action taken to protect Intellectual property rights (IPR), including, anti-piracy actions, even if the information on the basis of which it has taken any action is later discovered to be unfounded or false.
        6. 14.5.6 Company is only a facilitator providing a platform for the third-party service provider and the viewers to watch varied content. Company neither has any responsibility nor any control over the contents and the Company does not make any claim or representation regarding, nor accepts any responsibility for, the quality, content, nature or reliability of third-party application accessible through the Tata Play Device and/or Compatible Device. Such applications are not under the control of the Company and the Company is not responsible for the contents of any such application or any upgrades, or any review, changes or updates to such application. Company provides access to these applications to the Subscriber and/or User only as a convenience to watch the content on a larger screen, and the inclusion of any application does not imply affiliation, endorsement or adoption by the Company of any specific application or any content or information contained therein. When the Subscriber and/or User clicks the application, the Subscriber and/or User should be aware that the terms and policies of such application govern the access of the Subscriber and/or User on the application. The Subscriber and/or User should review the applicable terms and policies, including privacy and data gathering practices, of any such application to which the Subscriber may have navigated through the Tata Play Device. Subscriber and/or User understands the applications may contains unedited material, some of which may be illegal, obscene, sexually explicit or pornographic that may be offensive to some people and access to such material will be at the sole risk of the Subscriber and/or User. Company is not responsible for any virus or malicious traffic which may infect the Broadband Router, including, personal computers, laptops and television screens.
      6. 14.6 Reservation.Company reserves the right to seek and/or verify the, including financial information provided by the Subscriber and/or User, either by itself or from independent sources.
      7. 14.7 Indemnity. Subscriber and/or User agrees to defend, indemnify and hold harmless the Company its affiliates, its parent company, 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 attorney's fees) arising from the Subscriber’s and/or User’s use of and access to the Service, Subscriber’s and/or User violation of any term of the Tata Play Binge Service Agreement or any third party right, including, without limitation, any copyright, property, or privacy right. The indemnification obligation will survive the termination of the Tata Play Binge Service Agreement or the usage of the Services and/or User. The Subscriber and/or User agrees that where two or more persons constitute the Subscriber and/or User, their liability under this Tata Play Binge Service Agreement shall be joint and several.
      8. 14.8 Headings. All headings are for convenience, and do not have any legal effect. Use of the singular includes the plural and vice versa.
      9. 14.9 Assignment. The Tata Play Binge Service Agreement cannot be transferred or assigned by the Subscriber and/or User but may be delegated or assigned (in part or whole) by the Company to any third party without restriction.
      10. 14.10 Relationship. The Tata Play Binge Service Agreement is on a ‘principal to principal’ basis and the parties are independent of each other. Nothing contained herein is intended to or shall be deemed to create any partnership, joint venture, employment or relationship of principal and agent between the parties or provides either with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party.
      11. 14.11 Complete Terms; Severability.The Tata Play Binge Service Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, written or oral, with respect to the subject matter. Every provision in the Tata Play Binge Service Agreement is independent from the others to the extent that, if a 16 provision, or any part of it, is ruled to be illegal or unenforceable that provision or the relevant part of it shall be treated as having been deleted from this Tata Play Binge Service Agreement, without affecting the remainder of that provision or the other provisions of this Tata Play Binge Service Agreement, which shall still have full effect except to the extent that the Company’s rights/obligations under the Tata Play Binge Service Agreement are materially impaired.
      12. 14.12 Waiver.Neither Party shall lose any right under this Tata Play Binge Service Agreement if it fails to use that right, or delays in using it. For a waiver of a right to be valid, it must be written and will not give rise to an ongoing waiver of that right unless it is expressly stated to do so.
      13. 14.13 Confidentiality. Neither the Subscriber and/or User nor any person through the Subscriber and/or User shall disclose or make available to any third party any information relating to the operations or the business of the Company or its group companies, their affiliates, their representatives/officers. Neither the Subscriber and/or User nor any persons related to Subscriber and/or User shall make any statements of any nature including without limitation statements relating to the Company or its group companies, their affiliates, their representatives/officers or its operations, its activities, to any third party or the press or any media company(ies)/service. Violation of this obligation shall immediately result in the discontinuation of the Tata Play Binge Services. Company further reserves the right to action against the Subscriber and/or User or such other persons as deem fit by the Company including initiate legal action against such violation of this clause.
      14. 14.14 Notification, Complaints and Notices. All notifications, complaints and notices must be in writing and addressed to Customer Operations, Tata Play Limited, at its registered address or otherwise as specified by the Helpdesk. Any notification, complaints and notices given by the Subscriber and/or User shall be deemed to have been delivered to the Company when it is received by the Company. Subscriber and/or User could also call the Helpline to seek information or register any complainant. Calls from the Subscriber and/or User Registered Mobile Number(s) will be identified by the Helpline however identification verification may be sought. Subscriber and/or User agrees to provide true, accurate, current and complete information about the Subscriber and/or User and its Binge Subscription. Company will endeavor to handle and resolve all customer queries and complaints through its Helpline. The Subscriber and/or User agrees that notifications provided by Company in such Form as prescribed by the Company from time to time, including notifications provided by the Helpdesk, Alert, Account Statement or any other method specified by the Company or the Helpdesk, will be sufficient and adequate notice to the Subscriber and/or User.
      15. 14.15 Arbitration.Any disputes, differences or questions, which may arise at any time hereafter between the Company and the Subscriber and/or User 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.
      16. 14.16 Governing Law and Jurisdiction. The Tata Play Binge Service Agreement is governed by the laws of India. Subject to clause 13.15, courts in Mumbai shall have exclusive jurisdiction over disputes arising from the Tata Play Binge Service Agreement.
    15. 15 Definitions. This section sets out specific meaning and explanation to few words for the ease of reference and understanding of the Subscriber and/or User.
      1. 15.1 Address is the location mentioned in the records of the Company, where the Subscriber and/or User is availing the direct to home service from Company .
      2. 15.2 Authorised Representative is a person of 18 years and above, competent under law and who is deemed to have been authorised by Subscriber and/or User to take actions under the Tata Play Binge Service Agreement.
      3. 15.3 Company or Tata Play is Tata Play Limited, a company incorporated with limited liability under the Companies Act, 1956 bearing CIN: U92120MH2001PLC130365 with its registered office at Unit 301 to 305, 3rd Floor, Windsor, Off C.S.T. Road, Kalina, Santacruz (East), Mumbai – 400 098.
      4. 15.4 Digital Content means content digitized content (including third-party content), such as music, videos, apps, games, skills, photos, audio, and related features and functionality.
      5. 15.5 Engineer the Person who is authorised by the Company to perform the Installation.
      6. 15.6 Helplineis the call centre which can be contacted at the telephone numbers published on My Account or otherwise informed to the Subscriber and/or User.
      7. 15.7 Helpdesk: Company’s information service.
      8. 15.8 My Account is a section within the Tata Play Binge Service for Subscriber’s and/or User access to his/her account.
      9. 15.9 OTT Applications are applications and services which are accessible over the internet.
      10. 15.10 OTT Applications Service Provider is the operators and/or owners and/or rightsholders and/or licensors of the OTT Applications.
      11. 15.11 Service shall mean Tata Play Binge Service, or any other services provided by the Company under the Tata Play Binge Service Agreement.
      12. 15.12 Subscriber is the person or the entity or the company named as Subscriber in the records of the Company and availing the direct to home service of the Company.
      13. 15.13 Tata Play Device means any device using internet connectivity for content distribution where the Tata Play Binge Services is available, which shall include without limitation, internet enabled set top boxes, Android Set Top Box, HDMI Dongle or FTV TPE, HDMI Extender, Power Supply Adapter, USB Cable, Remote Control, AAA Batteries and/or all accessories, which is under the full, legal and perpetual ownership and effective control of the Company or the Company to the Subscriber on entrustment basis for the sole purpose of facilitating the Tata Play Binge Services and used by the Subscriber to avail the Tata Play Binge Service supplied by the Company under the Tata Play Binge Service Agreement.
      14. 15.14 User means a Person who is not a Subscriber but has access to the Tata Play Binge Service.
      15. 15.14 Company Website is www.tataplay.com.

    Most Important Terms and Conditions

    1. 1. Subscription Details.
      1. a. Subscriber must have an active subscription to be able to enjoy the Tata Play Binge Services.
      2. b. Subscriber holding a FTV TPE and/or Android Set Top box will need to have a minimum one day equivalent of Tata Play DTH Subscription Account balance to be able to consume Binge subscription on FTV TPE and/or Android Set Top box
      3. c. If Subscriber wishes to stop availing the Tata Play Binge Services subscribed through FTV TPE, the Subscriber must call the Tata Play Helpline and raise a request to return the Tata Play Device. Authorised Representative shall be sent to collect the FTV TPE)
    2. 2. Charges.
      1. a. Subscription Fee towards Tata Play Binge Services – Subscription Fees may vary depending on the pack(s) or the offer opted by the Subscriber and/or User at the time of subscription. The Subscription Fee is payable to Company. For more details, request you to please call the Tata Play Helpline at 1800 208 6633.
      2. b.Recovery Charges - Tata Play Device is a property of the Company. In case the Tata Play Device is lost or damaged, Company reserves the right to recover INR 3999 towards recovery charges and/or damages to the Tata Play Device. This amount shall be deducted by Company from the Tata Play DTH Subscription Account of the Subscriber or such other modes as may be decided by Company.