Tata Play Home Security Services

THE TERMS OF USE MENTIONED HEREIN ARE BINDING ON TATA PLAY SUBSCRIBERS AND BY INSTALLING, ACCESSING AND USING TATA PLAY SECURE SERVICE AND TATA PLAY SECURE+ SERVICE, TATA PLAY SUBSCRIBER AGREES TO BE BOUND BY THESE TERMS OF USE AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS AS SET OUT HEREIN BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL, ACCESS AND USE TATA PLAY SECURE SERVICE AND TATA PLAY SECURE+ SERVICE.

Purpose. Tata Play Secure Service and Tata Play Secure+ Service (collectively 'Service') is provided by Tata Play Limited (formerly known as Tata Sky Limited) ('Company', 'we', 'us') to the Subscriber ('Subscriber', 'Subscribers', 'you') by the Company on the basis of these Terms of Use, which governs the relationship between the Company and the Subscriber while the Subscriber uses the Service.
Eligibility. (a) An individual residing in India, above 18 years of age, fully competent under law to enter into the Service Agreement; or (b) a company/entity having its place of business in India, represented by an individual having appropriate authority to accept the Service Agreement; and (c) must be an Active Subscriber having an Active Account Status with to avail the direct to home service of Tata Play.
Terms of Service and Acceptance:
1. Applicability. These Terms of Use apply to all Subscribers of the Company, including users who avail the Company direct to home service through the Subscribers and/or its Authorised Representative (hereinafter referred to as 'Subscribers').
2. Tata Play DTH Subscription. Because availing the Service is subject to the continuous availing of the direct to home services by the Subscriber from the Company, in addition to the terms and conditions stated here, the Subscribers shall be bound by the terms and conditions associated with Direct to Home services of the Company stipulated in the Subscription Contracts, Privacy Policy and such other documents, that may be all found on the Company website - www.tataplay.com. The documents referred above will be collectively referred herein as 'Subscription Contract'.
3. Service Agreement. These Terms of Use and all the documents referred in section 3.2 above, shall collectively be referred to as, the 'Service Agreement'. By clicking on the Acceptance button below and/or by using the Service and/or by using any of the services or products provided by the Company in connection with the Service, the Subscriber signifies that he/she has read, understood and accepted the terms and conditions mentioned in Service Agreement.
4. Heirs and Permitted Assigns. The Service Agreement binds the Subscriber, his/her heirs, executors, administrators, successors, and permitted assigns, and the Company and its successors and assigns.
5. Amendment/Modification. Company, in its sole discretion, reserves the right to modify or revise the Service Agreement, at any time. The Subscriber agrees to be bound by such modifications or revisions. Your continued receipt of the Service shall constitute your acceptance of such amended Service Agreement. Nothing in the 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 Use, the Subscriber should periodically review the most up-to-date version on My Account. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
6. Term. The Service Agreement will commence immediately upon activation of the Device by the Subscriber and will remain valid, subject to applicable terms and conditions as mentioned herein.
Services. The service provided by the Company includes: (a) a cloud subscription service ('Subscription Service'), and (b) a Security Camera ('Device'). Subscription Service and Device shall collectively be referred to as 'Service'. On availing the Subscription Service, the Subscriber shall receive a host of features that shall be available by virtue of Web/Mobile/Device/Tata Play Products ('Subscription Features'). Subscriber can create multiple homes with a maximum of 5 homes per Subscriber ID. Subscriber can install and use multiple Devices in every home. However, Subscriber will have to pay extra charges for additional cameras, as applicable. Through this Service the Company is providing the device but in no way or form is providing any security services. Subscriber is solely responsible to take adequate measures for the maintenance of safety and security of its premises where the Service is used. Subscriber agrees that Company shall not be liable for any theft, robbery, burglary or any other act caused by the Subscriber/any third party while using the Service. The Service shall be provided by the Company within a reasonable time of receipt and acceptance of Terms of Use and subject to technical feasibility. The Company grants the Subscriber permission to use the Service, subject to payment of the Subscription Fee and such other charges as may be payable by the Subscriber to the Company. The Service will be offered under rental and sale models i.e., Tata Play Secure Service and Tata Play Secure+ Service respectively.
1. Tata Play Secure Service.
  1. The Device is the property of the Company and ownership of the Device is not transferred to the Subscriber. The Company continues to be the owner of the Device and the Device is provided to Subscriber on an entrustment basis, without any consideration, only to facilitate the Subscriber to avail the Services of the Company during the validity of the Tata Play Secure Service Agreement. As the Device has been provided on entrustment basis, it cannot be construed that any rights in the Device or otherwise of whatsoever nature has been transferred to Subscriber by the Company.
  2. If the purchased Subscription Package of the Subscriber Service is over or not renewed by the Subscriber then the Device will be locked, the video history will be completely inaccessible to the Subscriber, and the Device shall be repossessed at the sole discretion of the Company. If Tata Play Secure Service is cancelled by either the Subscriber or the Company the Device will be repossessed by the Company.
  3. Company reserves the right to repossess the Device and/or claim damages from Subscriber if the Device is (i) stolen or lost (ii) damaged or (iii) used unauthorisedly (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.
2. Tata Play Secure+ Service.
  1. Upon payment of the applicable Purchase Price the Device shall become the property of the Subscriber. For the removal of doubts, it is clarified that the rights, title, control, interest and legal ownership in such Device shall be with the Subscriber subject to payment of Purchase Price.
  2. On availing the Service and on payment of the applicable charges the rights, title, interest and ownership of the Device shall solely and exclusively vest with the Subscriber.
  3. G Mini device and Anti-Theft loop are offered only along with every new Device purchased. They are not separately available for sale or replacement from Company. Company will not hold responsibility for any repair or replacement of the G Mini Device and Anti-Theft loop at any point of time.
3. Personal Use. The Service is provided to the Subscriber by the Company for personal and non-commercial use only in India. Consequently, the Subscriber is prohibited from using the Service including the Device for commercial purposes or for any other purpose not contemplated under this Service Agreement such as sale/rental of access to the Subscription Service or sale/rental of the Device.
4. Internet and Wireless Connectivity. For optimal performance, the Device requires a Wi-Fi network, a working broadband Internet connection with an upload speed per camera of at least 1.5 Mbps for Tata Play Secure Service and at least 2 Mbps for Tata Play Secure+ Service. 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.
5. Service Partner.
  1. The Service that we offer also includes third party Subscription Services, owned, curated and operated by such third-party Service Partners. Such Service Partners that provide the Subscription services may change or discontinue the features of their services or the content in their services. These Service Partners or their Subscription or related services are not owned or controlled by the Company. The Company does not have control over such Service Partners Subscription and assumes no responsibility for the Service Partners or the Subscription Fee, third-party services or content, privacy policies, or practices of any of the Service Partners. In addition to the above, the Company will not be responsible for any of the Subscription Features provided by such Service Partners as such rights vests only with the respective Service Partners. By using the Service, the Subscriber expressly relieves the Company from any and all liability arising from the use by the Subscriber of any Subscription service, third party websites or services, including streaming and storing video feed on the Service Partner's storage. Consequently, the Company encourages the Subscriber to be aware when the Subscriber leaves the service page on the Service and to read the terms and conditions and privacy policy of each Service Provider Applications that the Subscriber visits through the Service.
  2. Account Linking: For Tata Play Secure+ Service Subscribers to be able to use the Subscription service, the Subscriber agrees to link their Company Subscriber ID/RMN with their Gmail ID/ Account.
  3. Because the access to the Subscription Service is subject to the specific subscription terms and conditions of that Service Partner, in addition to the terms and conditions stated here, the Tata Play Secure+ Service Subscribers shall also be bound by the applicable terms and conditions associated with the terms of use or services of that Service Partners including any other policies made available on the Service Partner’s website, including but not limited to their respective Privacy Policy.
  4. 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 ), epidemic, pandemic, 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.;
6. Interruption of Services. Company shall use reasonable endeavours to provide the Services, 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 Service Provider or the government or any regulatory body. Company may, from time to time, block individual Subscriber, as identified and directed by any local/state/central statutory authority. The Company shall not be liable to refund any amounts to the Subscriber or compensate the Subscriber for any such disruption of Services, or for any of the above reasons.
7. 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. Any 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. Disconnection of the Direct to Home Services of the Subscriber;
  3. If the Subscriber defaults in making a payment (including past defaults) for the Services or for any other charges due to the Company;
  4. During technical failure, modification, up-gradation, variation, repair and/or maintenance of the systems/equipment;
  5. To combat potential fraud, sabotage, wilful destruction or threat to national security;
  6. 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;
  7. 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 ), epidemic, pandemic, 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.;
  8. 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;
  9. Interconnection failure between the Company or/and other service provider(s);
  10. 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;
  11. Any other reason, which the Company finds as reasonable warranting a limitation/ disconnection of the Services.
8. Video Quality, Streaming and Storage. The video resolution and quality of the Device’s live feed ('Video') that the Subscriber may receive will depend on a number of factors, including the type of Compatible Device on which the Subscriber is accessing the Video and the Internet bandwidth used by the Subscriber, which may increase or decrease over the course of the viewing.. While the Company will strive to provide the Subscriber a high-quality viewing experience, Company makes no guarantee as to the resolution or quality of the Video that the Subscriber will receive when streaming, even if the Subscriber may have paid extra for access to high definition, ultra-high definition, or high-dynamic-range Video. All Videos streamed through the Device shall be further stored on a cloud storage provided by the Company service provide. The Video shall be available on cloud storage as per the storage duration offered in the plan purchased by the Subscriber, thus on the expiry of respective storage duration the plan the Videos will get automatically deleted. In no event will the Company have any access the Videos or have any control over the Video or personal information of the Subscriber.
Setup and Installation.
1. Device: The Service is only compatible with the Device and the Subscriber is informed that the Subscription Service cannot be operated or availed by the Subscriber without the Device. Company will supply a suitable Device to Subscriber, as purchased by the Subscriber, in order to facilitate provision of and use of the Services. In order to use the Device, besides the Subscription Service, the Subscriber will need compatible Incidental Accessories and/or services of third party for installation (for example, technician or electrician). Company will endeavour to inform the Subscriber in advance if such services are required during the installation. Company shall not be responsible for actions of any such third-party service provider of the Subscriber.
2. Compatible Device and Services. In order to stream the Video, the Subscriber will need to use a mobile handset and related accessories (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 shall be responsible to ensure the compatibility of the Compatible Devices and services with Sky Device. Company neither warrants nor accept any legal responsibility for operation of the Compatible Devices and services used to access the features of the Device or of the Subscriber’s use of Compatible Devices in conjunction with the Device.
3. Delivery and Installation of the Device. The Device will be delivered and installed at the Subscriber’s address subject to Subscriber being an Active Subscriber of the direct to home services of the Company. If the Subscriber becomes inactive then he/she will not be eligible to receive this Service. 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 their Authorised Representative. Subscriber must also have active broadband/wifi connection at their location: in case no such connection is found by the Engineer then Company will take back the Device and refund Subscriber’s money to the same bank account which was used to make the payment. 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. In no circumstances shall Subscriber share their login credentials with the installer/Engineer. If the Subscriber is interested in rescheduling 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. 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 be debited to the Subscriber Account or separately recovered from the Subscriber at the option of the Company. Company reserves the right to charge the Subscriber an extra fee by debiting the Subscriber Account (i.e. the Company’s DTH 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, broadband/Wi-fi, or ensure availability of third-party services; or (v) of any other force majeure event.
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. Inability to Install. Company shall not be responsible in any manner whatsoever under this Terms of Use, 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, lack of broadband/wi-fi connection; 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. Device Use. Subscriber must use the Device always in conjunction with the Service and must comply with all manufacturers’ instructions and any other reasonable instruction provided by the Company. Company may substitute the Device as necessary to provide the Service or for other reasons. Subscriber is advised to refer to the manufacturer manual or such other manuals supplied with the Device concerning installation and safety information and must read all instructions as well as safety and security information before using the Device. Further, the 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, booklets issued by the Company from time to time shall be binding on Subscriber. If the Subscriber transfers or allows any other person or entity to use the Device or creates any encumbrance or third-party claim on the Device then the Subscriber alone shall be responsible for it, and in no circumstances shall the Company be liable for it.
8. 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 Service, the Subscriber must ensure that the Subscriber has Broadband/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 Service and/or the use of the Device.
9. Device Warranty. The manufacturer’s warranty shall be applicable on the Device. Company does not give any assurance on the merchantability or workability of the Device. Company specifically disclaims any statements made indicating that the 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 Device on account of force majeure. Subscriber must always maintain and keep the Device in good and useable condition to be able to avail the Service.
10. No Commitment on Uninterrupted Services. The Subscription Service and/or the Device is supplied by the Company on 'As is and Available' basis only. Company does not guarantee that the Subscription Service and/or the Device will be uninterrupted error-free or free from viruses, Trojan horses or harmful components.
11. Service Commitment. Company, at its sole discretion, may provide to the Subscriber a Service Commitment for a 1-year Limited Warranty from the date of activation of the Device ('Service Commitment Period') subject to Subscriber having an active account status and having an active Subscription plan towards the Subscription Service. The Service Commitment may include repair or replacement with a new or refurbished Device, at Company’s sole discretion, provided (i) the 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 Devices that are not subject to accident, misuse, neglect, fire or other external causes, alterations, repair, or commercial use.
12. Replacement. In the case of Tata Play Secure Service, Company may from time to time, , replace the Device or any component thereof, with a new or refurbished Device or component, at Company’s sole discretion. Subscriber shall cooperate with the Company in the replacement of the Device or any component thereof. Company will notify the Subscriber of the details for the process of replacing the Device or any component thereof. If the Subscriber requires replacement of the Home Automation Device or any component thereof within the period of their Device Service Commitment (if any given by the Company ), the Subscriber is entitled to a free replacement of the Device provided the original 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 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 Device at a charge. Further, if the Subscriber wants a replacement from the Company outside the Service Commitment, a charge may apply.
13. Information on Device. In the event that Subscriber hands over the Device to the Company’s Authorised Representative for any repair work/replacement then the Subscriber shall be liable to factory reset the Device and ensure that no personal information is stored in it before handing over. If the Subscriber fails to factory reset the device, then Subscriber alone is responsible for the information contained the Device and the Company shall not be held responsible for any data leak.
Prohibited use of Services. Company forbids its Subscriber to use the 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 illegal, criminal, 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 centre 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, and in no situation will the Company be held liable for it. 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.
Inspection, Suspension and Repossession. In the case of Tata Play Secure Service, Company, without any prior notification and during reasonable hours permitted under the law any time during the Term of the Service Agreement, may enter the Subscriber’s Address, or such other locations where the Service is availed by the Subscriber, to inspect and verify if the Subscriber is in compliance with the 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 Service Agreement or intellectual property rights of any party.
Tariff, Subscription Fees, Other Charges and Payments.
1. Prices and Taxes. Tariff, Activation Charges, Subscription Fees or other charges shall be payable by the Subscriber in accordance with the Subscription Plan and associated offers that may be introduced by the Company from time to time in accordance with applicable law. Company reserves 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. 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 Service or any associated services.
2. Payments. All Services under the Service Agreement are pre-paid services and therefore, the Subscriber 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 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 shall be done through the Subscriber Account which will be maintained with the Company. Account Balance in the Subscriber Account is non-transferable and non-refundable. The Subscriber 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 Subscriber Account, whether or not authorised by the Subscriber and whether or not these dues exceed the assigned credit limit (if any). Acceptance of payment from a person other than the Subscriber will not amount to the Company having transferred or subrogated any of the rights or obligations of the Subscriber to such third party. Company reserves 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. Due Date and Non-payment. All payments shall be made in full by the due date. Any delay in payment beyond the due date will result in suspension or disconnection of the service as deemed fit by the Company. All payment made by cheques and other non-cash payments, if applicable, are subject to realization. In case the cheque issued by the Subscriber is dishonoured or returned by the relevant bank for any reason, including insufficient funds, Subscriber shall be liable to pay such charges as may be levied by the Company, without prejudice to the other rights that the Company may have under law for recovery of monies and dishonour of cheques.. All foregoing rights of the Company for recovery of dues from the Subscriber shall be without prejudice to other rights that the Company may have under law or under the Service Agreement including, without limitation, deactivation and cancellation of the Services.
Offer, Discounts, Packages and Package Migration.
1. Subscription change, new, additional or supplementary Services. Offers and pricing for Subscriptions ('Subscription Package'), may change from time to time 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 Service Agreement. If the Subscriber does not agree to the subscription change, new, additional or supplementary Services, the Subscriber may cancel the subscription per the Cancellation provisions below.
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 must subscribe to the Subscription Packages associated with the Service 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. Consequently, different plans, schemes, top ups, and/or packages offered by the Company shall have correspondingly different compositions, features/offerings, 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 must visit the Company’s Website or My Account for the latest information in this regard.
3. Package Migration. Subscriber may, at any time, request to change the Subscription Package subscribed by the Subscriber and upgrade or downgrade the Subscription Package, subject to availability and feasibility as decided by the Company. 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. For avoidance of doubt, no refund shall be made of the payment made towards the Subscription Package first availed by the Subscriber.
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.
5. Cancellation and Migration of Subscription. Company shall have the right to stop offering the Subscription Service as part of the Service, any time without prior notification to the Subscriber. In such cases if Subscriber wishes to continue with the same Subscription Service, then Company may, at its sole discretion, extend its support while provide the same Subscription Service for a limited period of 2 years, thereafter shall endeavour to migrate the Subscriber to another service partners.
Subscriber Obligations. Subscriber shall not use the Service 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 centre and/or other subscriber(s). The Subscriber shall be solely responsible for all such acts or omissions and in no way shall the Company be responsible for it. Subscriber shall not claim any interest, charge or lien on the Device, even if any dispute is pending for resolution between the Subscriber and the Company.
Subscriber Undertakings. The Subscriber acknowledges, agrees and undertakes:
1. That the documents/details submitted by the Subscriber 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. To pay to the Company the Subscription Fee as published and notified by the Company from time to time.
3. That the Subscriber is fully conversant with the Service provided by the Company together with its charges, specification, requirements, limitations, etc., and has accepted and agreed to be bound by the Service Agreement with complete understanding of the terms and conditions and of the obligations of the Subscriber.
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.
Termination, deactivation, and reactivation.
1. Suspension. Company reserves the right, without notice or any liability whatsoever to the Subscriber, to interrupt, suspend, cancel, modify, or terminate the Service (fully or in part) supplied to the Subscriber, 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 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 the Company otherwise determines that the Service as used by a Subscriber 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.
2. Cancellation. Subscriber may cancel or completely discontinue availing the Services by contacting the Company. In case of a cancellation or complete discontinuation of the Service, this Service Agreement shall automatically stand terminated from the date of cancellation or discontinuation of the Service and Subscriber shall immediately stop using the Service. 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 Service that the Subscriber is entitled under this Service Agreement shall also be discontinued and therefore, this Service Agreement shall automatically stand terminated from the date of cancellation or discontinuation of direct to home services.
3. Reactivation. Company reserves the right to reactivate any suspended, cancelled or deactivated Service at its sole discretion if the Service is suspended due to non-renewal of Subscription Package, then when the Subscriber recharges with a new Subscription Package the Service will get reactivated. This will be for a period of 60 Days (No of days of retry may change subject to Business Decisions) However, in the case Tata Play Secure Service is cancelled by the Subscriber; or (ii) if Subscriber fails to recharge with a Subscription Package for Tata Play Secure Service, and Company cancels Tata Play Secure Service then there is no reactivation by the Company. If after cancellation, Subscriber wishes to reactive Tata Play Secure Service then Subscriber will have to take a new Device at applicable costs. In such cases 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 at the option of the Company.
4. 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 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 Service Agreement, which is expressly or by implication intended to come into or continue in force on or after such termination.
General Provisions.
1. 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 Service Providers/Partners, third parties and other statutory and regulatory notifications/directives, etc. Subscriber 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 Authorised Representative, including all information shared by the Subscriber and/or Authorised Representative, and contact the Subscriber and/or Authorised Representative using their information for all purposes, including, fulfil the Subscriber’s or Authorised 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 (including personally identifiable information and usage 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 to understand trends and patterns; (vi) obtaining professional advice including, enforcement of legal terms, prevention of fraud etc.; (vii) 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.
2. Third Party Rights. The Subscriber shall not violate any third-party rights or the privacy rights of any persons or individual or entity. The Subscriber 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.
3. 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 Service Agreement on written notice. Subscriber shall remain liable for all charges during any such disruptions, unless decided otherwise by the Company.
4. Disclaimer and Limitation of liability.
  1. Company does not make any express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services or the Device or any other service/equipment, unless expressly mentioned in the Service Agreement. The Company specifically disclaims any statements indicating that the 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 Device on account of force majeure.
  2. Subscriber availing any of the services supplied by the Company shall be at the sole risk, costs, charges and consequences of the Subscriber. Company, its affiliates, group companies, their officers, directors, employees, subcontractors, exclude all warranties, express or implied, in connection with the Service, including the use, accuracy, fitness for purpose, merchantability, completeness of the Service, suspension or cessation of the Service, any fraud, misrepresentation, negligence or loss that may be caused to the Subscriber or any third party in connection therewith. Company shall not be responsible for any deficiency in Service, delay and/or disruption in Service attributable, directly or indirectly, to the services provided by the Application Service Providers, damage to property or person that may take place during or in connection with any installations, any loss incurred to the Subscriber or any third party resulting from the use of the Services or any omission or, consequential or indirect damages or losses.
  3. Company shall not be liable to the Subscriber and/or any person, firm, body corporate claiming through, under or in trust for the Subscriber and the Subscriber 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 remains solely responsible for his/her negligence, acts or omissions.
  4. Company shall not be responsible for any acts or omissions of the Applications Service Provider or the Service Provider Applications, direct sales agents, franchisees or any other third party with respect to schemes or benefits which are not authorised 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. Company will not incur any liability for any of its bonafide action taken to protect Intellectual property rights (IPR), including, data protection measures, even if the information on the basis of which it has taken any action is later discovered to be unfounded or false.
  6. Company is only a facilitator providing a platform for the third-party Service Partners and the Subscribers to use the Device and use the Subscription Service. Company neither has any responsibility nor any control over the Subscription Features and the Company does not make any claim or representation regarding, nor accepts any responsibility for, the quality, content, nature or reliability of Subscription Features. Such Subscription Features are not under the control of the Company and the Company is not responsible for the features or any upgrades, or any review, changes or updates to such features. When the Subscriber buys a Subscription Service, the Subscriber should be aware that the terms and policies of such Service Partners provide the Subscription governs the access of the Subscriber on the Subscription Features. The Subscriber should review the applicable terms and policies, including privacy and data gathering practices, which the Subscriber may have navigated through the Device. Company is not responsible for any virus or malicious traffic which may infect the Broadband Router, including, personal computers, laptops and television screens.
5. Reservation. Company reserves the right to seek and/or verify financial information provided by the Subscriber, either by itself or from independent sources.
6. Indemnity. Subscriber 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 use of and access to the Service, Subscriber’s violation of any term of the 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 Service Agreement or the usage of the Services. The Subscriber agrees that where two or more persons constitute the Subscriber, their liability under this Service Agreement shall be joint and several.
7. Headings. All headings are for convenience, and do not have any legal effect. Use of the singular includes the plural and vice versa.
8. Assignment. The Service Agreement cannot be transferred or assigned by the Subscriber but may be delegated or assigned (in part or whole) by the Company to any third party without restriction.
9. Relationship. The 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.
10. Complete Terms; Severability. The 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 Service Agreement is independent from the others to the extent that, if a 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 Service Agreement, without affecting the remainder of that provision or the other provisions of this Service Agreement, which shall still have full effect except to the extent that the Company’s rights/obligations under the Service Agreement are materially impaired.
11. Waiver. Neither Party shall lose any right under this 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.
12. Confidentiality. Neither the Subscriber nor any person through the Subscriber 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 nor any persons related to Subscriber 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 Services. Company further reserves the right to action against the Subscriber or such other persons as deem fit by the Company including initiate legal action against such violation of this clause.
13. 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 shall be deemed to have been delivered to the Company when it is received by the Company. Subscriber could also call the Helpline to seek information or register any complainant. Calls from the Subscriber Registered Mobile Number(s) will be identified by the Helpline however identification verification may be sought. Subscriber agrees to provide true, accurate, current and complete information about the Subscriber and its Service Subscription and Tata Play DTH Subscription. Company will endeavour to handle and resolve all customer queries and complaints through its Helpline. The Subscriber 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.
14. Arbitration. Any disputes, differences or questions, which may arise at any time hereafter between Tata Play and the Subscriber (individually referred to as 'Party', and collectively as 'Parties'), touching the true construction of this terms and condition 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.
15. Governing Law and Jurisdiction. Subject to the arbitration clause, these terms and conditions shall be construed and governed by the laws of India. Parties agree to submit to the sole and exclusive jurisdiction of the courts of Mumbai.
Definitions. This section sets out specific meaning and explanation to few words for the ease of reference and understanding of the Subscriber.
1. Address is the location mentioned in the records of the Company, where the Subscriber is availing the direct to home service from Company.
2. Authorised Representative is a person of 18 years and above, competent under law and who is deemed to have been authorised by Subscriber to take actions under the Service Agreement.
3. Company or TPL 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. Video means video captured during the live feed to the Device.
5. Engineer the Person who is authorised by the Company to perform the installation.
6. Helpline is the call centre which can be contacted at the telephone numbers published on My Account or otherwise informed to the Subscriber.
7. Helpdesk: Company’s information service.
8. My Accountis a section within the Tata Play Service for Subscriber’s access to his/her Subscriber Account
9. Purchase Price is the amount charged by the Company from the Subscriber, for purchase of the Device.
10. Service shall mean Tata Play Secure Service, Tata Play Secure+ Service and the Device, or any other services provided by the Company under the Service Agreement.
11. 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.
12. Device means smart security camera sold by the Company which shall be compatible with the Subscription Services and/or any accessories, which shall be under the full, legal and perpetual ownership and effective control of the Subscriber for the purpose of facilitating the Tata Play Service and used by the Subscriber to avail the Tata Play Service supplied by the Company under the Service Agreement.
13. TPL or Company Website is www.tataplay.com.