Tata Play Record

A. Play Record (‘Tata Play Record’) is an Android Box feature being launched by Tata Play Limited (hereinafter referred to as ‘Tata Play’) (formerly known as Tata Sky Limited) for its Eligible Subscribers. Eligible Subscribers shall mean new or existing subscribers who avail Tata Play Binge+, which is India’s 2nd Generation Hybrid DTH set-top box based on Google Android TV platform (‘Android Box’).

What is Tata Play Record?
1. With Tata Play Record feature on the Android Box Eligible Subscribers will be able to record the content on the cloud and playback the content from the cloud till the time Eligible Subscriber has an active Tata Play subscription, subject to the terms and conditions as mentioned herein.
2. Eligible Subscriber must have Tata Play Binge+ with Android Box to be able to use this feature.
3. To use this feature Eligible Subscriber has to subscribe to Tata Play Record. Thereafter, Eligible Subscriber can initiate cloud recording from guide/ banner/ program information screen / home screen of their Android Box and record any current or future programme, for selected content only, as may be offered by Tata Play.
4. Content available for recording via Tata Play Record may be subject to third party intellectual property rights hence may have limited access, view, or record rights. Eligible Subscriber agrees to use this feature in conjunction with the content he/she is legally authorized to access, view and record, to the extent rights are available for such content.
5. Eligible Subscriber can view the recorded content in three categories under the Recordings section:
  1. Recorded – content already recorded will be displayed under this section. Eligible Subscriber can select to view, sort, filter or delete the recorded content from here;
  2. In Progress – content which is in the process of getting recorded will be displayed under this section. Eligible Subscriber can stop or cancel the recording from here;
  3. Scheduled to be recorded – content which is scheduled to be recorded for a future date/time will be displayed under this section. Eligible Subscriber can cancel the recording scheduled to be recorded from here.
  4. Eligible Subscriber can restart a program from the beginning anytime, or pause/ play the program, subject to content rights availability for restart and play/pause functions. Content rights of broadcasters may change at any point of time.
  5. Tata Play Record feature offers limited capacity for recording the content on cloud. Eligible Subscriber can manage their cloud quota by setting the option to manual/auto which enables manual/auto deletion respectively, of the content. In case of auto deletion, the first recording shall be the first to be automatically deleted i.e. in first in first out order. If an Eligible Subscriber tries to record new content that the cloud can’t hold in the space available, then the content previously recorded may be deleted. Tata Play Record does not permit an Eligible Subscriber to “protect” recordings from such deletion.
How to avail this Service?
1. be able to use the Tata Play Record feature, Eligible Subscriber has to subscribe to a Tata Play Record Pack first which shall be available with different recording capacity (in hours) and recording concurrency, at applicable rates. The details of different Tata Play Record Packs are as follows:
  1. Basic Pack:
    1. Available at no additional cost;
    2. 25 hours of recording with the ability to record 1 program at a time;
    3. Recordings will be deleted after 3 months;
    4. Some recordings can expire before the 3-month period based on specific channel/event level rights;
    5. Retention of recordings will be for 14 days post account deactivation;
    6. In case of cancellation of Tata Play account or dropping the subscription, recordings are kept for 48 hours before deletion;
  2. Premium Pack:
    1. 100 hours of recording with the ability to record 20 programs simultaneously;
    2. Access scheduled, in progress and completed recordings from the ‘Recordings’ section;
    3. Record your favourite shows and movies as per channel/broadcaster level recording rights;
    4. Some recordings can still expire because of channel/event specific conditions;
    5. Retention of recordings will be for 30 days post account deactivation;
    6. In case of cancellation of Tata Play account or dropping the subscription, recordings are kept for 48 hours before deletion.
    7. Eligible Subscriber can upgrade from Basic Pack to Premium Pack anytime for Rs. 199/month only.
    8. To subscribe to any one of Tata Play Record Packs Eligible Subscriber can order it by any of the following methods:
      1. Tata Play Website: By logging on to www.tataplay.com/ www.mytataplay.com;
      2. Tata Play Helpline: By calling Tata Play helpline at 1800 208 6633, anytime between 00:00 hours (IST) and 23:59:59 hours (IST);
      3. On screen of Android Box.
If an Eligible Subscriber is holding more than one Android Box, then they will be able to use the Tata Play Record feature on all Android Boxes per Subscriber ID.

B. Special Terms and Conditions:

Eligible Subscribers subscribing to the Tata Play Record shall be bound by the following terms and conditions:
1. In order to subscribe to th e Tata Play Record Packs, the Tata Play Subscriber Account needs to have sufficient Account Balance
2. On the expiry of the Tata Play Record Pack, the same will be auto renewed unless cancelled by the Eligible Subscriber, subject to sufficient Account balance. Post the expiry of the Tata Play Record Pack the recorded content shall be deleted unless retention period is specified in the respective Pack.
3. The Eligible Subscriber shall have the choice of not renewing Tata Play Record 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.
4. Should the Eligible Subscriber want to make changes to Tata Play Record Pack, the Eligible Subscriber will need to explicitly effect such a change by logging into www.tataplay.com or calling the Tata Play Helpline or by making the changes on the respective screen on the Android Box.
5. The Tata Play Record Pack will be automatically dropped/retained in case of any change at account level, as indicated below:
  - case 1:
    Eligible Subscriber has Subscriber ID 1 having Tata Play Record Pack with Android Box 1 as Primary Box. The Eligible Subscriber also has Subscriber ID 2 with Android Box 2 as Secondary Box. If Eligible Subscriber wants to merge both Subscriber IDs, then Eligible Subscriber will retain Subscriber ID 1 with Tata Play Record Pack, with Android Box 1 as Primary Box and Android Box 2 as Secondary Box wherein recordings will be available on both Primary and Secondary Boxes.
  - case 2:
    Eligible Subscriber has Subscriber ID 1 having Tata Play Record Pack with Android Box 1 as Primary Box. The Eligible Subscriber also has Subscriber ID 2 with Tata Play Record Pack with Android Box 2 as Secondary Box. If the Eligible Subscriber wants to merge both Subscriber IDs then Subscriber ID 1 will retain Tata Play Record Pack and have Android Box 1 as Primary Box & Android Box 2 as Secondary Box wherein recordings will be available on both Primary & Secondary Boxes. However, Tata Play Record Pack of Subscriber ID 2 will be dropped, and its recordings deleted.
  - case 3:
    Eligible Subscriber has Subscriber ID 1 having Tata Play Record Pack with Android Box 1 as Primary Box. The Eligible Subscriber also has Subscriber ID 2 with Android Box 2 as Secondary Box. If Eligible Subscriber wants to merge both Subscriber IDs, then Subscriber ID 1 will retain its Tata Play Record Pack with Android Box 1 as Primary Box & Android Box 2 as Secondary Box, wherein recordings will be available on both Primary & Secondary Boxes.
  - case 4:
    Eligible Subscriber has Subscriber ID 1 with Android Box 1 as Primary Box. The Eligible Subscriber also has Subscriber ID 2 with Tata Play Record Pack with Android Box 2 as Secondary Box. If Eligible Subscriber wants to merge both Subscriber IDs then Subscriber ID 1 will have Android Box 1 as Primary Box & Android Box 2 as Secondary Box. Further, Tata Play Record Pack of Subscriber ID 2 shall be dropped and its recordings deleted:
  - case 5:
    Eligible Subscriber has Subscriber ID 1 with Tata Play Record Pack and Android Box 1 as Primary Box. The Eligible Subscriber also has Subscriber ID 2 with Android Box 2 as Secondary Box. If Eligible Subscriber wants to merge both Subscriber IDs to create a new account Subscriber ID 3, then Subscriber ID 3 will be available with Android Box 1 as Primary Box & Android Box 2 as Secondary Box. Further, Tata Play Record Pack of Subscriber ID 1 will be dropped and recordings will be deleted.
  - case 6:
    Eligible Subscriber has Subscriber ID 1 with Android Box 1 as Primary Box, and Subscriber ID 2 having Tata Play Record Pack with Android Box 2 as Secondary Box. If Eligible Subscriber wants to merge both the accounts to create a new account as Subscriber ID 3, then Eligible Subscriber ID 3 will be available with Android Box 1 as Primary Box & Android Box 2 as Secondary Box. Further, Tata Play Record Pack of Subscriber ID 2 will be dropped and recordings will be deleted.
  - case 7:
    Eligible Subscriber has Subscriber ID 1 with Tata Play Record Pack and Android Box 1 as Primary Box & Non-Android Box (HD Box) as a Secondary Box. If Eligible Subscriber wants to split its account, then Subscriber ID 2 will be available with Android Box 1 as Primary Box, further Tata Play Record Pack of Subscriber ID 1 will be dropped and its recording deleted.
  - case 8:
    Tata Play Record Pack retained, and Subscriber ID 2 will be available with Non-Android Box (HD Box).
  - case 9:
    Eligible Subscriber has Subscriber ID 1 with Tata Play Record Pack with Android Box 1 as Primary Box & Android Box 2 as Secondary Box. If Eligible Subscriber wants to split its account then Subscriber ID 1 will be available with Android Box 1 as Primary Box with Tata Play Record Pack retained, and Subscriber ID 2 will be available with Android Box 2 as Secondary Box wherein Eligible Subscriber will have to take Tata Play Record Pack subscription again.
6. Subscription to Tata Play Record Pack does not authorize the Eligible Subscriber to automatically receive any additional services that Tata Play offers which are not part of the Tata Play Record Pack. Subscription to any additional services shall be at an additional cost.
7. If an Eligible Subscriber opts for the Tata Play Record Pack on a monthly basis, then the viewing of the service will be subject to the Eligible Subscriber ensuring sufficient balance in his/her account to support the Tata Play Record Pack. In the absence of a Minimum Account Balance, the services of the Tata Play Record Pack will be deactivated. The services will be restored once the Eligible Subscriber account has been sufficiently recharged.
8. To avail and use Tata Play Record Pack wireless internet connectivity is required which could be a wi-fi based dongle or internet provided by a third-party provider. The internet connection is subject to the fees, terms and conditions imposed by the internet service provider. Tata Play does not guarantee that the services will be uninterrupted error-free or free from viruses, Trojan horses or harmful components.
9. The recording and playback quality and resolution will depend on several factors like the compatibility of the device on which the Eligible Subscriber is accessing the content and the internet bandwidth.
10. In case the Eligible Subscriber goes into de-active state due to non-payment of dues, the Tata Play Record functionality will stop working.
11. The recorded content can be deleted without prior notice to the Eligible Subscriber under the following conditions:
  - Channel/Broadcaster level expiry – For different events, broadcasters/channels can specify different rights for recording, restarting or the duration within which the recording can be watched. So, recording content will be deleted as per channel/event specific expiry rules.
  - For the Basic Pack, there is a blanket deletion policy of 3 months, i.e. from the time of recording, after 3 months that particular recording will be deleted.
  - Pack downgrading – If an Eligible Subscriber downgrades from the Premium Pack to Basic Pack, the storage quota would change. Consequently, recordings, including recording in progress/scheduled recording, will be deleted in a ‘first in first out’ order, based on the time of recording.
  - STB cancellation/Tata Play Record Pack drop – All recorded content shall be deleted after a period of 48 hours.
  - Temporary Suspension of account - Temporary Suspension of accounts will happen as long as box is temporarily suspended.
  - 'Deactive’ Android Box (no balance) – All recorded content shall be deleted after a period of 14 days for the Basic Pack and after 30 days for the Premium Pack. During that duration the Eligible Subscriber won’t be able to access the recordings.
  - Eligible Subscriber agrees not to decipher, decompile, disassemble, or reverse engineer any of the software used for the Service, or attempt to or assist anyone in doing so.
  - Eligible Subscriber agrees that content viewed and/or recorded on the Service is solely for his/her own personal, private, non-commercial use. Eligible Subscriber agrees not to use the Service in a way that leads to any copyright infringement, including but not limited to reproduction, distribution, modification, public performance, public display, license or any other unauthorized use or exploitation of the content.
  - No warranty or guarantee is provided with regard to the (a) access to or recording of any particular content; (b) the length of time any particular recorded program may remain available for Eligible Subscriber’s viewing; or (c) that the Service (i) is error-free, (ii) will not be interrupted, (iii) will not erroneously delete content that is recorded, or (iv) will not fail to schedule, make, store, or play back recordings.
  - Tata Play reservesthe right to vary, modify, change, or terminate the Service (and/or all or any portion of access provided to Eligible Subscriber) at any time at its sole and absolute discretion and, for the avoidance of doubt, Tata Play may terminate the Service (and/or all or any portion of an Eligible Subscriber’s access to the Service) even if an Eligible Subscriber has not decided to cancel the Service. In the event that the Service (and/or the access to the Service) is cancelled or terminated for any reason or no reason whatsoever, Eligible Subscriber will no longer have access to any recordings that he/she had made with the Service. If Eligible Subscriber’s Tata Play Account is disconnected, suspended or deactivated for non-payment/insufficient account balance or for any other reason (or no reason) whatsoever, then, even if the Eligible Subscriber pays to restart his/her subscription(s) to the Service, recordings that were made with the Service prior to such disconnection, suspension or deactivation may no longer be available.
  - Eligible Subscriber hereby agrees to release Tata Play from any and all liability and responsibility for any: (a) inability to access or record any content; (b) erroneous or intentional deletion of any recording at any time; (c) failures, errors and interruptions of the Service; and/or (d) failure or inability to schedule, make, store, or play back any recording.
  - Not all devices are compatible or permissible for use with the Service except Tata Play Binge+ connection with Android Box. Eligible Subscriber may use more than one Android Box to access the Service, but Tata Play shall have the right to limit the number of Android Boxes an Eligible Subscriber may use concurrently to access or use the Service at a time.

General Terms and Conditions:

In addition to the Terms and Conditions stated here, the Eligible Subscribers shall be bound by the terms and conditions stipulated in the Subscription Contract, and such other documents, all found on the Tata Play website - www.tataplay.com. The documents referred above will be collectively referred herein as 'Subscription Contract'.
Tata Play shall not be responsible in case of any network problems such as breakdown of machinery, unclear network, disruption in the network and/or the charges that may be payable by the Eligible Subscriber to any network operator or network service provider including any mobile carrier handling charges, data handling charges, or premium rates that may be charged by the network operator/ service provider. The Eligible Subscribers must check with their respective network operators regarding the charges payable to the network operator before using any of networks. Any dispute in connection with the same should be settled between the Eligible Subscribers and the network operator without involving Tata Play.
Tata Play reserves the right, at any time, to verify eligibility requirements, in any manner deemed appropriate by Tata Play
This Service is non-transferable, not for resale, and not redeemable for cash.
Tata Play reserves the right at any time, without prior notice, without assigning any reason and without any liability whatsoever, to add or vary all or any of the terms and conditions or to replace, wholly or in part this Offer or to withdraw it completely or to change the composition of this Service.
Any and all taxes and/or levies applicable in relation to this Offer shall be solely borne by the Eligible Subscribers.
Tata Play will not be responsible for any loss or damage caused to the Eligible Subscribers if the Service is cancelled and/or withdrawn by Tata Play or if the Eligible Subscriber is not able to avail the Service due to a Force Majeure Event including without limitation for reasons beyond the reasonable control of Tata Play such as war, natural calamities, epidemics, pandemics, floods, failure of telecommunication network, satellite technology failure etc.
By availing this Service, it shall be deemed to be construed that the Eligible Subscribers have read and consented to the Terms and Conditions stated here in and in the Subscription Contract.
The Eligible Subscribers and/or any person through the Eligible Subscribers shall waive any and all right that such an individual may have to claim ambiguity in these Terms and Conditions and agrees to release, indemnify and hold harmless Tata Play and its respective affiliates, advertising and promotion agencies, and its respective agents, partners, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from or arising from Eligible Subscribers availing this Service.
Tata Play shall not be responsible for printing or typographical errors in any promotional materials; or for transactions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, mail system, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access the Tata Play website or process any transaction thereon.
All capitalized terms used herein shall have the same meaning as ascribed to them in the Subscription Contract
In the event of any inconsistency between the Subscription Contract and these Terms and Conditions, in so far as this Service is concerned, the latter shall prevail.
Headings used herein are for convenience only and do not affect the interpretation of this Service.
Any disputes, differences or questions, which may arise at any time hereafter between Tata Play and the Eligible Subscriber (individually referred to as ‘Party’, and collectively as ‘Parties’), touching the true construction of these terms and conditions 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.