Tata Play Smart Upgrade Offer

A: OFFER

Tata Play Smart Upgrade Offer(‘Offer’) is a promotional offer being offered by Tata Play Limited (formerly known as Tata Sky) (‘Tata Play’) for its Eligible Subscribers. Eligible Subscribers shall mean Tata Play Subscriber as defined in point A (5) below.
Under this Offer, Eligible Subscriber shall be entitled to a free upgrade to Tata Play Binge+ Android Hybrid Set Top Box (‘Binge+ Box’), by recharging his/her Tata Play account with an amount of Rs. 6000/- or more. For avoidance of any doubt, one (1) month considered for the monthly recharge value under this Offer shall be equivalent to 30 days.
This Offer can be availed by the Eligible Subscriber only once in a lifetime.
This Offer shall be effective from 31st March 2022 00:00 hours till such date as Tata Play may decide in its sole discretion.
Who can avail this Offer?
Tata Play Subscriber with a monthly recharge value or monthly burn rate (MBR) more than or equal to Rs.500/- only shall be entitled to avail this Offer, provided the Subscriber has a DTH connection with SD/HD/SDPVR/HDPVR Set Top Box (‘DTH Box’) and does not fall within the category mentioned in point C (1) – General Terms below (‘Eligible Subscriber’).
How to avail the Offer?
To avail this Offer, the Eligible Subscriber has to recharge their Tata Play account for an amount in accordance with point (2) above in one go, by following the below steps:
1. Visit, https://www.tataplayrecharge.com or open Tata Play Mobile App;
2. Click on Recharge option and enter the recharge details;
3. The Offer will be displayed on screen, click on it to claim the Offer and recharge for an amount shown on screen to avail the Offer.

B: Offer Terms & Conditions:

The recharge to be done by Eligible Subscriber needs to be a single recharge, through Tata Play Website/Mobile app. The same date on which the recharge criteria are fulfilled would be considered as the date of enrolment (‘Date of Enrolment’).
The installation set up and the demo of the Binge+ Box will be done by a Tata Play representative.
No installation fee shall be charged from the Eligible Subscribers under this Offer.
Eligible Subscriber’s balance would get deducted on a daily based on the packages/channels he/she has chosen and subscribed to. All the prevailing prices would be applicable and no price protection whatsoever would be provided to the Eligible Subscriber. Eligible Subscriber is also free to make any changes to his current pack/channels – modify/add/delete as he/she wishes and as many times as he/she wishes. Depending on the changes made, DBR (daily burn rate) of the Eligible Subscriber is subject to change. Notwithstanding anything stated herein, in the event the Eligible Subscriber seeks for a disconnection of their account before utilizing their account balance, then NO refund shall be made of the recharge amount under any circumstances.
Eligible Subscriber availing this Offer shall not be eligible for any other cashback offer of Tata Play.
If an Eligible Subscriber is holding more than one DTH Box, then they will be eligible to avail this Offer on any of their boxes separately.
Tata Play reserves the right to disqualify any Eligible Subscriber from the benefits of the Offer and reverse the Offer benefits so availed, at its sole discretion, in-case of any fraudulent transactions/activities found in the Eligible Subscriber’s Tata Play account.

C: General Terms and Conditions:

The following recharges/person shall not be entitled to avail this Offer:
1. Subscribers already subscribed to Binge+ Box;
2. Recharges done on first activation date (the date of activation) are not eligible for this Offer;
3. Corporate accounts taking MBS (Monthly Billing System) recharge will not be eligible for this Offer.
Tata Play reserves the right, at any time, to verify eligibility requirements, in any manner deemed appropriate by Tata Play.
Offers cannot be combined for additional discounts nor can any offers be clubbed to avail this Offer. This Offer is non-transferable, not for resale, and not redeemable for cash.
In the event Tata Play requires any Eligible Subscriber to provide any required information, including documents to ascertain the eligibility of the Subscriber, such Subscriber shall provide such information and documents to Tata Play.
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, that may be all found on the Tata Play website. The documents referred above will be collectively referred herein as 'Subscription Contract’.
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 this Offer is cancelled and/or withdrawn by Tata Play due to reasons beyond the reasonable control of Tata Play including without limitation force majeure events such as war, natural calamities, epidemics, pandemics, floods, failure of telecommunication network, satellite technology failure, regulatory approvals etc.
By availing this Offer, 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.
Tata Play reserves the right to change any or all the packs and/or withdraw the packs and/or stop the transmission of any or all the Channels at any time, without assigning any reason and without any prior notification to the Eligible Subscriber and without any liability whatsoever, subject to applicable laws.
Tata Play reserves the right to change and/or withdraw the Offer at any time, without assigning any reason and without any prior notification to the Eligible Subscriber and without any liability whatsoever, subject to applicable laws.
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 including any premium rates that may be charged by the network operator. Eligible 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 Eligible Subscribers and the network operator without involving Tata Play.
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 Offer.
By availing this Offer, it shall be deemed to be construed that the Eligible Subscriber has read and consented to the terms and conditions stated herein and in the Subscription Contract.
The Eligible Subscriber and/or any person through the Eligible Subscriber shall waive any and all right that such an individual may have to claim ambiguity in these terms and conditions. The Eligible Subscriber and/or any person through the Eligible Subscriber undertakes 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 the Eligible Subscriber availing this Offer.
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 Offer is concerned, the later shall prevail.
Headings used herein are for convenience only and do not affect the interpretation of this Offer Terms and Conditions.
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.