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The Content will be made available to You through different modes, at the discretion of Novi, including via video on demand basis for viewing at the User’s discretion at a time chosen by You and download for offline viewing by You. In the case of downloadable Content, please note that: (a) the downloads are temporary in order to allow you to view the Content within a specified period of time and you shall not attempt to or actually make a permanent copy of the Content in any manner or form, and (b) not every Content may be available for download for offline viewing. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to Novi’s sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this Site and the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Site and availing of the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Site and the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that Novi may monitor or use certain technologies for monitoring of activities, as separately explained in Novi’s Privacy Policy. To facilitate Your viewership and access, the Services can be packaged by Novi through different models such as, Content or Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee as per the relevant subscription plan selected or (c) a pay-per-view model with or without advertisements/commercials or (d) with a combination of the foregoing on the Site.


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

The Disney+ Hotstar website works best with:

 Latest version of Google Chrome

·       Latest version of Firefox

·       Latest version of Safari

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

·       Latest version of Adobe Flash Player

·       JavaScript and cookies enabled

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

·       Android 4.4.4

·       iOS 10.0

·       AndroidTV – Android 7.1.1

Subject to compatibility, You may be able to access the Services through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by Novi (“Partner“).To access the Services at each instance, you would be required to undergo a two-step verification process to verify your login credentials such as your phone number, by way of a one-time password which will be sent to you simultaneously.

Accessing the Service through VPN

You should not access or use the Service or the content therein by means of any mechanism or technology which conceals your actual geo-location or provides incorrect details of your location (for example, use a virtual private network (VPN)).

Electronic Communications

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


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

  To obtain feedback regarding the Service;

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

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

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

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

Subscription Services

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

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

(1) all access premium subscription pack, and

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

Collection of Personal Information

Where we refer to ‘Personal Information’ we mean any information related to a particular individual who we identify (whether directly or indirectly) a particular individual or natural person. This includes direct identifiers such as your name, postal address, email address, and mobile number, and also includes all other information which is linked to that information such as your location. Where we refer to “ID” we mean a list of numbers and/or letters (also known as a numeric or alphanumeric string) which we or our service providers may generate and which is used as a means to give you a unique customer or user identifier – it cannot directly identify personally but it may be able to do so where your Personal Information is associated with it. If you are accessing the Disney+ Hotstar Service from the territory of India, for the purpose of this Privacy Notice, ‘Personal Information’.

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To avail the services being provided on the website/application, you will be required to submit the information/data as required at the time of registering with the website/application or as may be required by Hungama from time to time. You agree to provide Hungama with accurate, complete and updated registration information. If you do not provide Hungama with accurate, complete and updated registration information, you are not authorized to use the services of the website/application and Hungama has the right to indefinitely suspend or terminate your account/subscription and refuse to provide you with access to. You further agree that, in providing such registration information, you will not knowingly or otherwise omit or misrepresent any material facts or information and that you will promptly enter correct and/or updated registration data/information, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize Hungama to verify your registration data as may be required for your use of and access to the services of the website/application, as applicable. You agree and understand that the services are advertising supported and you grant Hungama the right to disclose the registration data to third parties for the marketing of its services. Further you agree and grant Hungama the right to use your individual registration data to provide targeting of advertisements and other service offers. The use of this website/application is also subject to Hungama’s Privacy Policy.

Definitions

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sound recordings, video recordings, artwork and computer code (collectively, “Source Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Source Content, contained on the website/application is owned, controlled or licensed by or to Hungama or its licensors, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Content on the website/application such as the synopsis, cast, crew, reviews, previews, themes, wallpapers, stills, screensaver, photographs, animation, data, information, database, design, games, interactive content, trailers, making, images, and any text, images, messages, newsletters, music, audio, video or its derivative, with or without sound, audio clips from sound recordings, created or collated by Hungama from the Source Content, may be granted by Hungama to you for personal and non-commercial use under this Agreement strictly in accordance with these terms and conditions and the end user license agreement.

Mobile Devices
Mobile Devices are devices which have telephony capability, either inbuilt or by in conjunction with any device or software which allows it to have a telephony usage, accessed by wires or wireless which includes but is not limited to GSM, CDMA, WiFi, WiMax, TCP/IP, Internet or any other protocol, service or format, either existing at present or which may be invented in the future.

Mobile Service Providers
Mobile Service Providers are entities who are in the business of providing telephony services to their consumers, either via wires or wireless, landline or mobile, via GSM, CDMA or any protocol.

Non Subscriber

Refers to those users who do not subscribe to any subscription plans to avail any paid services available on the website/application and/or pay for particular services only on “a la carte” basis i.e. paying for one or more service(s) without a package deal.

Service

Refers to the services provided by Hungama on the website/application, including but not limited to making available the content on the website/application for streaming/download purposes, etc.

Subscriber

Refers to any user who subscribes to the Services of Hungama on the website

User account and Security
All Subscribers shall have a user name and password. It shall be the sole responsibility of the Subscriber to maintain the confidentiality and security of their account. You should not reveal your account information to anyone else or use anyone else’s account. Your ‘user account’ and password are personal and should be kept confidential. You agree that you will not allow another person to use your ‘user account’ to access and use the service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your ‘user account’ and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. You acknowledge that Hungama is not liable in any manner whatsoever for any harm caused by or related to the theft of your account information, your disclosure of your ‘user account’, or your authorization to allow another person to access and use the services using your ‘user account’. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the services and you agree to immediately notify us of any unauthorised use of your account or any other breach of security.

Although Hungama will not be liable for any losses you may incur due to any unauthorized use of your ‘user account’, you may be liable for the losses of Hungama and/or other users due to such unauthorized use. In consideration of your use of the website/application and services provided therein, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the website/application and/or the Services provided there under.

When you register on the website, from time to time, Hungama might, initially allow you to have an option to avail one of the Services of your choice, free of cost, as provided on the website/application. This is a free trial given to newly registered users during which users can try out any one Service for free of cost for a limited period as may be prescribed for particular Services (“Free Service Period”). Before expiry of the said Free Service Period, you shall be given an option to discontinue or continue the Services on the website/application. If you chose to continue, you will have to pay for the Services as per your selection from the options provided on the website/application. The Free Service Period will expire anytime after midnight on the last day of the Free Service Period. If you subscribe to a Service after you have already received/completed a Free Service Period on such Service, you will have to pay immediately upon registration. Free service is also limited to one per credit card. Should 2 (two) customers use the same credit card to subscribe to website/application services; only the first customer is eligible to receive a Free Service Period.


Loyalty and Gamification Program

With a unique loyalty program, the website/application rewards you for every action on the website/application. You can earn coins every time you watch videos, play/share music, invite friends or even create your own playlists on website/application. Once you have collected the coins, the coins can be redeemed to download music, videos & content and watch online movies. Redemption of coins can be done on the website

The coins collected by you have a validity period within which you will be required to redeem the coins collected. Once the validity of the coins expires the expired coins will be automatically purged from your account. Hungama reserves the right to purge the coins collected by you at any time without any prior notice to you. Hungama may run campaigns or send in application notifications to you from time to time on redemption of the coins collected by you. If it is noticed that you have collected coins in any manner other than provided for hereinabove, Hungama shall, at its sole discretion, purge such coins collected by you and take such action against you as may deem fit by Hungama.






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Amir Bhai