Tata Play Secure Service

A: OFFER

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) to its Subscribers. The Service offers Subscriber(s) with security cameras with intelligent alerts and cloud storage.
A one- time activation fee of INR 1509/- including installation per security camera (‘Device’) will be charged to the Subscriber. The Subscriber will be charged INR 490/- per year (the said package shall include no subscription cost for the first two months and the same shall be deemed to be complimentary/free and the cost incurred shall be only for the remaining 10 (months) per Device towards his Service (‘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 yearly basis as determined above (“Subscription Package”).
In the event that the Subscriber wishes to renew the Subscription Package, the Subscriber will be required to pay the renewal amount of INR 49/- per month, per Device from the second year onwards.
A Subscriber can at the time of purchase of the new Service, under a single subscription, avail upto a maximum of 6 (six) 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 complimentary tenure / period of 2 (two) months 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 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 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 recovery WO will be created after the call and the device will be collected back from the Subscriber and the activation fee and the Subscription fee already paid for the month shall be forfeited.

B: SPECIAL TERMS AND CONDITIONS

In order to avail the Service, the Subscriber Account needs to have sufficient Account Balance
To avail and use Tata Play Secure 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 Tata Play Secure Service and the internet bandwidth.
The Device is the property of the Company and is offered on entrustment basis to the Subscriber. However, if the Subscriber is not in active state and has not returned the Device to the Company, then the Company shall be entitled to deduct INR 2999/- from Tata Play DTH Subscription Account towards recovery of charges.
In case Subscriber goes into de-active state due to non-payment of dues, then Tata Play Secure functionality will stop working, the Device will be locked, the video history will be completely inaccessible to the Subscriber, further the Device shall be repossessed at the sole discretion of the Company.
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 Authorized Representative’s presence only.
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 partner, 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.
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.
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.
Company shall have the right to stop offering the Service, any time without prior notification to the Subscriber.
If Subscriber hands over the Device to the Company’s Authorized 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.
Tata Play Secure 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 Partner or the third-party services or content, privacy policies, or practices of any of the Service Partners
By using Tata Play Secure 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 Tata Play Secure 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 Tata Play Secure Service is used. 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 Tata Play Secure Service.
Subscriber agrees not to decipher, decompile, disassemble, or reverse engineer any of the software used for Tata Play Secure Service, or attempt to or assist anyone in doing so.
Subscriber agrees that Tata Play Secure 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 unauthorized use.
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.

C: 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 the 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.