Tata Play Secure+ Service ('Service’) is offered by Tata Play Limited, formerly known as Tata Sky Limited (hereinafter referred to as 'Company’, or Tata Play) together with Google Asia Pacific Pte. Ltd ('Google') to its Subscribers. The Service offers Subscriber(s) with security cameras with intelligent alerts and cloud storage.
A one-time cost of INR 9,700/- (including installation) per security camera ('Device') will be charged to the Subscriber. A security camera will be provided, and no subscription cost will be charged for the first 30 days (‘Trial’). After the end of the Trial, the Subscriber will be charged a fee ('Subscription Fee'). It is clarified that the said Subscription Fee shall have to be paid in entirety and upfront at the time of purchase of the Device. A Subscription package will be applied as per the number of Devices availed and Subscriber will be charged as per this package, on a monthly basis as shall be intimated by the Company (“Subscription Package”).
In the event that the Subscriber wishes to renew the Subscription Package, the Subscriber will be required to pay the renewal amount, per Device from the second month onwards shall be intimated by the Company.
A Subscriber can at the time of purchase of the new Service, under a single subscription, avail upto a maximum of 12 (twelve) Devices and the same shall be treated as a single subscription and the Subscription Fee will vary as per the number of Devices availed. It is clarified that purchasing multiple Devices over different points of time/period, shall be treated as different Tata Play Secure+ Subscription/s every time a purchase is made, and the Subscription Fee will vary accordingly.
The Subscriber understands and acknowledges that the Subscriber is entitled to a complimentary tenure / period of 1 (one) month with every new Subscription Package and the said tenure shall commence from the first purchase date of the Device and not from the date of purchase of subsequent Devices on subsequent dates.
In the event that the Subscriber purchases additional Devices on other dates, each such additional Device will be deemed to be a different Subscription Package. On purchase of additional Devices under the existing Subscription Package, the Subscriber agrees that the complimentary tenure will be applicable for the newly added Devices provided there are days left in such tenure which shall be as per the purchase date of the existing Subscription Package, the said offer will not be revised as per the additional device purchase date.
In the event that the Subscriber is desirous of installing multiple Devices in different/various locations, the Subscriber would be required to purchase multiple Tata Play Secure+ Subscriptions.
The Trial will comprise of 30 calendar days commencing from the date of activation. However, existing Subscribers of the Service will not be eligible to claim the benefit of Trial.
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. The Service shall be provided by the Company within a reasonable time of receipt and acceptance of this Tata Play Secure+ Service Agreement and subject to technical feasibility. The Company grants the Subscriber permission to use Tata Play Secure+ Service the Subscription Service, subject to payment of the Subscription Fee and such other charges as may be payable by the Subscriber to the Company.
G Mini device and Anti-Theft loop are offered only along with every new Device purchased as a part of Tata Play Secure+ Service. 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.
Subscribers must have an active Tata Play DTH Subscription to avail this Service.
Subscribers can avail the Service for a maximum of 5 homes, within the city limits, per Subscriber ID. However, Subscriber will have to pay an additional amount, as applicable, for every new Device.
To avail Tata Play Secure+ Services Subscriber to place an order via the Company’s website: www.tataplay.com. Once the Subscriber confirms that the Subscriber is interested in subscribing to the Service, a work order will be raised, and a representative of the Company will confirm with the Subscriber at his/her preferred time of visit for installation.
The Subscription Fee charged towards the Service shall be debited from the Subscriber’s DTH Account. The 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.
If the Subscriber wishes to discontinue using the Service, the Subscriber will have to call the customer care helpline on 18002086633 for the same. A cancellation WO will be created after the call and the Subscription Fee already paid shall be forfeited
SPECIAL TERMS AND CONDITIONS
In order to avail the Service, the Subscriber Account needs to have sufficient Account Balance.
To avail and use the Service, 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.
The video recording and playback quality and resolution will depend on several factors like the compatibility of the device on which the Subscriber is accessing and using the Service and the internet bandwidth.
Upon payment of Device cost and Subscription Fee, the Device will become the property of the Subscriber. However, the Device cannot be purchased without a Subscription Package. In case Subscriber goes into de-active state due to non-payment of dues, then the Service functionality will stop working, thereby intelligent alerts like familiar face detection, event video history and customer care services will be completely inaccessible to the Subscriber.
On availing the Service, the installation and set- up of the Device with be done by a representative of the Company. All installation will be done at Subscriber’s or their Authorised Representative’s presence only. Authorised Representative of the Subscriber 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 this Terms and Conditions. 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.
The Device requires a Wi-Fi network, a working broadband Internet connection with at least 2 Mbps upload speed per camera for optimal performance. 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. If no active broadband/wifi connection is found at Subscriber’s location then the Company representative will take back the Device and refund Subscriber’s money according to the refund policy as defined and/or updated by the Company, at its sole discretion, from time to time.
The manufacturer’s warranty shall be applicable on the Device. Company does not give any assurance on the merchantability or workability of the Device.
Video stored in the cloud storage provided by the Company service partners, will be available for a limited duration as offered in the plan purchased by the Subscriber. On the expiry of the duration of the plan the Videos will get automatically deleted.
The Company will not have any access to the videos or have any control over the videos or personal information of the Subscriber.
The Company has the right to enter the Subscriber’s Address, or such other locations where the Service is availed by the Eligible Subscriber, to inspect and verify if the Subscriber is in compliance with applicable terms and conditions. Company shall be entitled to take photographs and collect documents, materials, equipment or other information necessary as proof of any violation of the Tata Play Secure+ Service Agreement or intellectual property rights of any party.
The Subscribers can request for upgrade or downgrade the Subscription Package by paying the applicable charges, subject to availability and feasibility as decided by the Company. For avoidance of doubt, no refund shall be made of the payment made towards the Subscription Package first availed by the Subscriber before the migration.
The Company shall have the right to stop offering the Service, any time without prior notification to the Subscriber. 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.
If Subscriber hands over the Device to the Company’s Authorised Representative for any repair work/replacement, then the Subscriber shall be responsible 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.
The Service also includes third party owned services operated by such third-party Service Partners. Service Partners that provide these services may change or discontinue certain features of their services. These Service Partners or their services or related services are not owned or controlled by the Company. The Company does not have control over such Service Partner services and assumes no responsibility for the Service Partners or the third-party services or content, privacy policies, or practices of any of the 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 such third-party service, third party websites or related services, including streaming and storing video feed on the Service Partner’s cloud storage. Subscriber must read the terms and conditions and Privacy Policy of each Service Provider Applications that the Subscriber visits through the Service.
Through the Service, the Company is providing security camera 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. The Subscriber agrees that Company shall not be liable for any theft, robbery, burglary or any other act caused by Subscriber/ any third party while using the Service.
The 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.
The Subscriber agrees that Service will be used solely for his/her own personal, private, non-commercial use. Subscriber agrees not to use Tata Play Secure+ 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 unauthorised use. Subscriber agrees to not violate the privacy rights of any persons or individual or entity.
No warranty or guarantee is provided with regard to the (a) access to or recording of any particular video; (b) the length of time any particular video may remain available for Subscriber’s viewing; or (c) that the Service (i) is error-free, (ii) will not be interrupted, (iii) will not erroneously delete video that is recorded, or (iv) will not fail to schedule, make, store, or play back videos. Subscriber hereby agrees to release Tata Play from any and all liability and responsibility for any of the above occurrences.
GENERAL TERMS AND CONDITIONS
Because the availing Tata Play Secure+ 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 Tata Play website - www.tataplay.com. The documents referred above will be collectively referred herein as 'Subscription Contract'.
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.
The Subscriber shall also be bound by the terms of Tata Play Secure+ Service Agreement.
The Company 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 Subscriber to any network operator including any premium rates that may be charged by the network operator. The Subscribers must check with their respective network operators regarding the charges payable to the network operator before using any of the methods mentioned above. Any dispute in connection with the same should be settled between the Subscribers and the network operator without involving the Company.
The Company reserves the right, at any time, to verify eligibility requirements, in any manner deemed appropriate by the Company.
This Offer is non-transferable, not for resale, and not redeemable for cash.
The Company 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 the Offer.
The Company will not be responsible for any loss or damage caused to the Subscribers if the Offer is cancelled and/or withdrawn by the Company or if the Subscriber is not able to avail the Offer due to a Force Majeure Event including without limitation for reasons beyond the reasonable control of the Company such as war, natural calamities, floods, failure of telecommunication network, satellite technology failure etc.
By availing this Offer, it shall be deemed to be construed that the Subscribers have read and consented to the Terms and Conditions stated here in and in the Subscription Contract.
The Subscribers and/or any person through the 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 the Company 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 the Subscribers availing this Offer.
The Company 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 promotional scheme.
Any disputes, differences or questions, which may arise at any time hereafter between the Company and the Subscriber (individually referred to as 'Party', and collectively as 'Parties') 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.
