Long Duration Packs
Definitions:
- Long Duration Packs (hereinafter referred to as LDP) mean packs that can be subscribed for duration longer than one month namely quarterly, semi-annually and annually.
- Long Duration Base Packs (hereinafter referred to as LD Base Pack) mean base packs that can be subscribed for duration longer than one month namely quarterly, semi-annually and annually.
- Long Duration Add-on packs (referred to as LD Add-on pack/s) comprises of any additional product/service subscribed to in addition to the base pack for duration longer than one month namely quarterly, semi-annually and annually (as available) e.g. Sports add-on packs, MultiTV add-on pack; Actve Fun Learn & other such Actve products and HD Access Fee
- Auto renewal means: Automatic renewal of the existing LD Base Pack and/or existing LD Add-on pack/s for another term on the same Pack, with content which is available & price which is applicable on the day You complete the subscription period on Your current Packs. The automatic renewal is subject to availability of adequate Account Balance in Your Subscriber Account during 7 days from the day the subscription period expires on the LD Base Pack and/or the existing LD Add-on pack/s.
- Auto Alignment means: It is the process by which a Subscriber subscribing to LD Add-On Packs can opt for getting the LD Add-On/s aligned to LD Base Pack during the subscription term on an LD Base Pack; i.e. the tenure of the Add on / Multi TV long duration packs match that of the LD Base Pack with the result that the subscription period end dates of the LD Add-on / Multi TV long duration packs become the same as that of the LD Base Packs.
Tata Play subscribers subscribing to the LD Base Pack shall be bound by the following terms and conditions:
- All regular residential subscribers can subscribe to a LD Base Pack or a LD Add-on Pack through the following modes: (i) By logging on to www.tataplay.com. and (ii) by calling the Tata Play Helpline.
- In order to subscribe to the LD Base Pack or LD Add-On Pack, the Tata Play Subscriber Account needs to have sufficient Account Balance for the subscription price of the LDP being subscribed to. In the event that a different LD Base/LD Add-on Pack is being subscribed to, then the earlier LD Base/LD Add-On Pack which has already been subscribed to (subject to the same not being a promotional pack) may be discontinued and the Subscriber shall get a pro rata credit for the balance unexpired period of the LD Base/Add-On Pack which can be adjusted towards the price of the new Long Duration Pack. Under no circumstances, will any subscriber be entitled to a pro rata credit if subscribed to any Promotional pack.
- With an LD Base Pack, the Subscriber can view all the channels & services as indicated by Tata Play during the validity of the chosen LD Base Pack. Tata Play shall not be responsible where any channel/interactive service is withdrawn due to factors beyond its control.
- In the event of any increase in the price of any of the channels/packs/interactive services during the validity of the subscription period to the LDP, the subscriber will be extended a price protection and such increase will not be applicable during the LDP subscription period.
- Auto renewal and Auto Alignment are not applicable to Promotional Packs.
- Your subscription to the LDP is valid ONLY for a period of the term of the LDP. Post completion of the subscription period of the LDP, revised prices may apply as determined at Tata Play's sole discretion.
- On completion of the term of Your LDP, the same will get Auto renew for another term on the same Long Duration pack provided:
- There is sufficient balance in the subscriber’s account to renew the pack;
- The Long Duration Pack is available with the same content and at the same price;
- The Subscriber has not explicitly made a change to his/her subscription prior to completion of subscription period of the LDP;
- The Auto renewal will be available within a 7-day period from the day the subscription period expires on the earlier LDP. To illustrate: if subscription period on the LD Base Pack on 31st March, then the Auto renewal of the same pack can take place until 7th April; subject to the conditions mentioned herein.
- If the Tata Play Subscriber Account has insufficient balance to renew LDP/s for another term, the Subscriber will automatically be migrated to a monthly version, of the LDP subscribed to earlier, where you will continue to get all the channels and services provided at that point of time on the Tata Play platform but on a daily charge basis; which requires the Tata Play Subscriber Account to have Minimum Account Balance for uninterrupted viewing. Failure to maintain a Minimum Account Balance will lead to deactivation of the Service.
- In case a Subscriber has subscribed to LD Base Pack & LD Add-on Packs and all the L DPs are due for renewal on the same date and the Account Balance is sufficient to renew only a few Packs but not all, then the renewal will take place in the following order:
- LD Base Pack
- LD MultiTV (if there is more than 1 MultiTV in the account, then the renewals will take place in the order based on the dates that the MultiTV got connected, the first connected MultiTV being the first)
- Add-On Pack
- Should the Subscriber want to make changes to any of the subscribed Packs, the Subscriber will need to explicitly effect such a change by logging into www.tataplay.com.or calling the Tata Play Helpline; on or before the end of the subscription period on the LD P. If an explicit change has not been asked for by the Subscriber, Auto renewal of the Pack for another term will take place within a period of 7 days from the date of completion of the earlier subscription period, subject to the Subscriber Account having sufficient balance for Auto renewal.
- In cases where the LD Add-On Pack is due for renewal before the LD Base Pack and Auto Alignment is not possible, then an Auto renewal of the LD Add-on Pack will take place subject to meeting the required criteria and thereafter Auto Alignment will take place. The Subscriber also has the choice of not renewing the LD Add-On Pack provided that such a choice has been explicitly made by way of registering the change on the Account through www.tataplay.com. or through the Tata Play Helpline.
- Subscription to LDP does not authorise the Subscriber to automatically receive any additional services that Tata Play offers which are not part of the LDP. Subscription to any additional services shall be at an additional cost.
- Auto Alignment: Subscribers of LD Base Packs opting for additional services (Add-on packs, MultiTV, HD Access Fee etc) have the option of subscribing to the additional pack on a monthly basis or opting for an LD Add-on Pack, where the long duration of the additional service will get automatically aligned to the LD Base Pack.
- If a Subscriber opts for the Add-on Pack on a monthly basis, then the viewing of the service will be subject to the Subscriber ensuring enough balance in his/her account to support the Add-on Pack. In the absence of a Minimum Account Balance, the services of the Add-on Pack will be deactivated. The services will be restored once the Subscriber account has been sufficiently recharged.
- Tata Play reserves the right at any time, without prior notice, to add or vary all or any of these terms and conditions or to replace or withdraw the Long Duration Pack completely. However, such a change will be prospective and not retrospective in nature to ensure that the Tata Play subscribers who have already subscribed to the Long Duration Pack are not inconvenienced in any manner.
- Tata Play will not be responsible for any loss or damage caused to the Tata Play subscribers if the LDP is cancelled and/or withdrawn by Tata Play or if the Tata Play subscribers are not able to avail the same due to a Force Majeure Event including without limitation for reasons beyond the reasonable control of Tata Play such as war, natural calamities, floods, epidemics, pandemics, failure of telecommunication network, satellite technology failure etc.
- Any and all taxes and/or levies applicable in relation to the Pack shall be solely borne by Subscribers. Any applicable network capacity fee (NCF) shall also be borne by the Subscriber.
- Any disputes, differences or questions, which may arise at any time hereafter between Tata Play and the Subscriber touching the true construction of this Agreement or performance of the obligations or enforcing any rights and/or liabilities of the Parties hereunder, shall be first amicably resolved between the Parties within 30 (thirty) days from the date on which such dispute was raised by a Party and communicated to the other Party in writing failing which the dispute shall be referred to a sole arbitrator of the Indian Council of Arbitration (ICA). The arbitration shall be conducted in accordance with the Rules of Arbitration of the Indian Council of Arbitration and shall be subject to the provisions of the Arbitration and Conciliation Act, 1996, as amended or any statutory modifications or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Mumbai and the Courts at Mumbai alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law. The arbitration proceedings shall be conducted in English language. The award passed by the arbitrators shall be final and binding upon the Parties.
- Subject to the arbitration clause, these terms and conditions shall be construed and governed by the laws of India and the Parties agree to submit to the sole and exclusive jurisdiction of the courts of Mumbai.
- These terms and conditions are in addition to the Terms & Conditions of the Tata Play Subscription Contract and if there are any inconsistencies between the two, these terms and conditions shall govern for the limited purpose as specified. These terms and conditions are limited as specified and shall not constitute a modification or waiver of any other provision of the Tata Play Subscription Contract. Terms used herein but not defined shall have the same meaning as assigned to them in the Tata Play Subscription Contract.