Terms and Conditions

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1. Purpose.

FreeTV India Service is provided to the Subscriber by FreeTV India Private Limited (‘Company’) on the basis of this Terms of Service (defined below), which governs the relationship between the Company and the Subscriber and/or User while the Subscriber and/or uses the FreeTv India Service and related written materials ("Software/Application"). The term "Software/Application" also includes any modified versions or updates of the Software which may be provided to the Subscriber and/or User by Company.

2. FreeTv India Service.

 FreeTv India Service offers Subscribers and/or User unique integrated offer for paid video consumption and free video on demand on various devices including the television sets (which has an HDMI Port) and mobile devices, smart phones, that maximizes ease of discovery, consumption and payments. FreeTv India Service involves first of its kind, on demand video subscription service with seamless integration of Digital Content across Video Applications and content providers on various streaming devices.

3. Eligibility.

(a) An individual residing in India, above 18 years of age, fully competent under law to enter into the FreeTv India Service Agreement; or (b) a company/entity having its place of business in India, represented by an individual having appropriate authority to accept the FreeTv India Service Agreement; or (c) must be an Subscriber and/or a User .

4. Terms of Service and Acceptance.

4.1 Terms of Service. These Terms of Service apply to all Subscribers and/or Users of the FreeTv India Service, including users who avail the FreeTv India Service through its Authorized Representative.

4.2 Additional Terms.

The Users shall also be bound by the Privacy Policy, FreeTv India Service Mobile App Terms and Conditions, and such other documents that may be found on the Company Website. 

4.3 FreeTv India Service Agreement. 

These Terms of Service and all the documents referred in section 4.2 above, shall collectively be referred to as, the ‘FreeTv India Service Agreement’. By clicking on the Acceptance button below and/or by using the FreeTv India Service and/or by using any of the services or products provided by the Company in connection with the FreeTv India Service, the Subscriber and/or User signifies that he/she has read, understood and accepted the terms and conditions mentioned in the FreeTv India Service Agreement.

4.4 Heirs and Permitted Assigns. 

The FreeTv India Service Agreement binds the Subscriber and/or User, his heirs, executors, administrators, successors, and permitted assigns, and the Company and its successors and assigns.

4.5 Amendment/Modification. 

Company, in its sole discretion, reserves the right to modify or revise the FreeTv India Service Agreement, at any time. The Subscriber and/or User agrees to be bound by such modifications or revisions. Nothing in the FreeTv India 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 Service, the Subscriber and/or User should periodically review the most up-to-date version on My Account. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

4.6 Term. 

The FreeTv India Service Agreement will commence immediately upon getting access to FreeTv India Service by the Subscriber and User and will remain valid, subject to applicable terms and conditions.

5. Services.

5.1 FreeTv India Service.The Subscription Service that the Company offers through the FreeTv India Service is an on-demand video subscription service, containing, other third-party OTT Application(s), owned, curated and operated by such third-party OTT Applications Service Provider and other varied content from various content providers and studios. Service is available only in India. Further, all the rights, title, interest and ownership of the FreeTV India Device shall always continue to solely and exclusively vest with the Company. The service shall be provided within a reasonable time of receipt and acceptance of this FreeTv India Service Agreement and subject to technical feasibility. The Company grants the Subscriber and/or User permission to use the FreeTv India Service, subject to payment of the Subscription Fee and such other charges as may be payable by the Subscriber to the Company. After a Subscriber and/or User has installed and downloaded the FreeTv India Service, as per the directions given, Subscribers and/or User shall use the Software on any phone, mobiles or tablets that are owned or controlled by Subscriber and/or User, which are not jail broken, and only as permitted by the usage rules set forth in the App Store Terms of Service. Subscribers and/or User are granted only a limited non-transferable and non-exclusive right to use FreeTv India Service restricted to your personal use of the Subscriber and/or User. The Subscriber shall not delete or otherwise modify the copyright and other proprietary notices that appear on or in the FreeTv India Service. Additionally, Subscribers and/or User will also have access to free video on demand (FVOD) and advertising video on demand (AVOD) content on the FreeTv India Service.

5.2 Personal Use.The Service and the FreeTV India Device is provided to the Subscriber and/or User by the Company and for only personal and non-commercial use and viewing in India. Consequently, the Subscriber and/or User is prohibited from using the Services and/or the FreeTV India Device for commercials purposes or for any other purpose not contemplated under this FreeTv India Service Agreement such as sale of access to the Service or sale of the FreeTV India Device.

5.3 Internet and Wireless Connectivity.  FreeTV India Device needs wireless internet ONLY to get connected, which could be through a wi-fi based internet or internet dongle from a third-party provider in order to avail the FreeTv India Services. 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.

5.4 OTT Applications Service Provider.

5.4.1 As mentioned in section 5.1 above, the FreeTv India Service that we offer also includes third party OTT Application(s), owned, curated and operated by such third-party OTT Applications Service Provider. Such OTT Applications Service Provider that provide subscription services may change or discontinue the features of their services or the content in their services. These OTT Applications Service Provider or their OTT Applications or services are not owned or controlled by the Company . The Company does not have control over such OTT Applications and assumes no responsibility for the OTT Applications Service Provider or the OTT Applications, third-party services or content, privacy policies, or practices of any OTT Applications Service Provider or the OTT Applications. In addition, the Company will not be responsible to censor or edit the services or content of any OTT Applications Service Provider or the OTT Applications as such rights vests only with the respective OTT Applications Service Provider or the OTT Applications. By using the FreeTv India Service, the Subscriber and/or User expressly relieves the Company from any and all liability arising from the use by the Subscriber and/or User of any OTT Applications Service Provider or the OTT Applications, third party websites or services, including watching the content on the OTT Applications of the OTT Applications Service Provider. Consequently, the Company encourages the Subscriber and/or User to be aware when the Subscriber and/or User leaves the service page on the FreeTv India Service and to read the terms and conditions and privacy policy of each OTT Applications Service Provider and/or the OTT Applications that the Subscriber and/or User visits through the FreeTv India Service.

5.4.2 Because the access to the OTT Applications of the OTT Applications Service Provider is subject to the specific subscription terms and conditions of that OTT Applications Service Provider, in addition to the terms and conditions stated here, the Subscribers and/or User shall also be bound by the applicable terms and conditions associated with the terms of use or services of that OTT Applications of the OTT Applications Service Provider including any other policies made available on the OTT Applications or the website of the OTT Applications Service Provider, including but not limited to the Privacy Policy.

5.5 Interruption of Services. Company shall use reasonable endeavours to maintain the maximum possible uptime of the Services, as mandated under law, 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 content provider or the government or any regulatory body. Company may, from time to time, block individual Subscriber and/or User, as identified and directed by an enforcement agency, including DoT. The Company shall not be liable to refund any amounts to the Subscriber and/or User or compensate the Subscriber and/or User for any such disruption of Services, downtime or for any of the above reasons.

5.6 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: -

5.6.1Any 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;

5.6.2 If the Subscriber defaults in making a payment (including past defaults) for the Services or for any other charges due to Company;

5.6.3During technical failure, modification, up-gradation, variation, repair and/or maintenance of the systems/equipment;

5.6.4To combat potential fraud, sabotage, wilful destruction or threat to national security;

5.6.5 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;

5.6.6 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 ), 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.;

5.6.7 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;

5.6.8 Interconnection failure between the Company or/and other service provider(s);

5.6.9 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;

5.6.10 Any other reason, which the Company finds as reasonable warranting a limitation/ disconnection of the Services.

5.7 Geographic Variability. Access to the Digital Content is permitted only for India. The Digital Content (including subtitled and dubbed audio versions of Digital Content) and the manner in which Company may offer Digital Content to the Subscriber and/or User will vary over time and by location. Company may use technologies to verify the geographic location of the Subscriber and/or User and may not use any technology or technique to obscure or disguise location.

5.8 Playback Quality; Streaming. The playback resolution and quality of the Digital Content that the Subscriber and/or User may receive will depend on a number of factors, including the type of Compatible Device on which the Subscriber and/or User is accessing the Digital Content and the Internet bandwidth used by the Subscriber and/or User, which may increase or decrease over the course of the viewing. If the Company detects that the Digital Content that is being streamed to the Subscriber and/or User may be interrupted or may otherwise not played properly due to bandwidth constraints or other factors, Company reserves the right to decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While the Company will strive to provide the Subscriber and/or User a high-quality viewing experience, Company makes no guarantee as to the resolution or quality of the Digital Content that the Subscriber and/or User will receive when streaming, even if the Subscriber and/or User may have paid extra for access to high definition, ultra-high definition, or high- dynamic-range content.

6. Setup and Installation.

6.1 FreeTv India Service is only compatible with the FreeTV India Device and Compatible Device The Subscriber and/or User is informed that the Service cannot be operated or availed by the Subscriber and/or User without the FreeTV India Device and Compatible Device. Company will supply a suitable FreeTV India Device to Subscriber and/or User in order to facilitate provision of and use of the FreeTv India Services. In order to use the FreeTV India Device, the Subscriber and/or User will need compatible Incidental Accessories such as television sets and/or services of third party for Installation (for example, technician or electrician). Company will endeavour to inform the Subscriber and/or User in advance if such services are required during the Installation. Company shall be responsible for actions of any such third-party service provider of the Subscriber and/or User.

6.2 Compatible Device and Services. In order to stream Digital Content, the Subscriber and/or User will need to use a television set which has an HDMI Port or mobiles, tablets, smart phones etc. using internet connectivity and are capable of downloading and connecting to the FreeTv India Service (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 and/or User shall be responsible to ensure the compatibility of the Compatible Devices and services with FreeTV India Device. Company neither warrants nor accept any legal responsibility for operation of the Compatible Devices and services used to access the features of the FreeTV India Device or of the Subscriber’s and/or User’s use of Compatible Devices in conjunction with the FreeTV India Device.New Versions. Company, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to Software (collectively "Upgrade"). You accept, acknowledge and agree that Company has no obligation to make available to you any Upgrades or subsequent versions of the Software. The Subscribers and/or User also agree and accepts that the and/or User Subscriber will have to enter into a renewed version of this Agreement if the Subscribers and/or User wants to download, install or use an Upgrade or new version of the Software.

6.3 Delivery and Installation of the FreeTV India Device.FreeTV India Device will be delivered and installed at the Address subject to Subscriber being an active Subscriber of the direct to homes services of the Company. 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 the Authorised Representative. 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. If the Subscriber is interested to reschedule the installation time, the Subscriber must inform the Company by contacting the Helpline at least forty-eight (48) hours prior to the scheduled Installation.

6.4 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 either be debited to the Subscriber Account. Company reserves the right to charge Subscriber by debiting the 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 or ensure availability of third-party services or (v) of any other force majeure event.

6.5 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.

6.6 Inability to Install. Company shall not be responsible in any manner whatsoever under this Terms of Services, 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 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. FreeTV India Device.

7.1 Ownership and Entrustment. FreeTV India Device is the property of the Company and ownership of FreeTV India Device is not transferred to the Subscriber. The Company continues to be the owner of the FreeTV India Device and the FreeTV India Device is provided to Subscriber on an entrustment basis, without any consideration, only to facilitate the Subscriber to avail the FreeTv India Services of the Company during the validity of the FreeTv India Service Agreement. As the FreeTV India Device has been provided on entrustment basis, it cannot be construed that any rights in the FreeTV India Device or otherwise of whatsoever nature has been transferred to Subscriber by the Company.

7.2 Use. Subscriber must use the FreeTV India Device always in conjunction with FreeTv India Services and must comply with all manufacturers’ instructions and any other reasonable instruction provided by the Company. Company may add to or substitute the FreeTV India Device as necessary to provide the FreeTv India Services or for other reasons. Subscriber is advised to refer to the manufacturer manual or such other manuals supplied with the FreeTV India Device concerning installation and safety information and must read all instructions as well as safety and security information before using the FreeTV India Device. Further, the FreeTV India 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, booklet issued by the Company from time to time shall be binding on Subscriber. The Subscriber is prohibited from transferring or allowing any other person or entity to use the FreeTV India Device or creating any encumbrance or third-party claim on the FreeTV India Device.

7.3 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 FreeTv India Service, the Subscriber must ensure that the Subscriber has 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 FreeTv India Service and/or the use of the FreeTV India Device.

7.4 Maintenance Company does not give any assurance on the merchantability or workability of the FreeTV India Device and shall not be responsible for the maintenance of the FreeTV India Device. Company specifically disclaims any statements made indicating that the FreeTV India 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 FreeTV India Device on account of force majeure. Subscriber must always maintain and keep the FreeTV India Device in good and useable condition (normal wear and tear excepted) until returned to or collected by the Company . Only the Company is authorised to repair the FreeTV India Device. The Subscriber must keep the FreeTV India Device safely and must not remove any marking that identifies the FreeTV India Device as belonging to the Company. Subscriber must not allow anyone else to otherwise tamper with or use the FreeTV India Device in any manner not specifically authorise by the Company.

7.5 No Commitment on Uninterrupted Services. FreeTV India Service and/or the FreeTV India Device is supplied by the Company on ‘As is and Available’ basis only. Company does not guarantee that the services will be uninterrupted error-free or free from viruses, Trojan horses or harmful components.

7.6 Service Commitment. Company, at its sole discretion, may provide to the Subscriber a Service Commitment for a period of one year from the date of activation of the FreeTV India Device (‘Service Commitment Period’). The Service Commitment may include repair or replacement with a new or refurbished FreeTV India Device provided (i) the FreeTV India 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 FreeTV India Devices that are not subject to accident, misuse, neglect, fire or other external causes, alterations, repair, or commercial use.

7.7 Replacement. Company may from time to time, for any reason, replace the FreeTV India Device or any component thereof. Subscriber shall cooperate with the Company in the replacement of the FreeTV India Device or any component thereof. Company will notify the Subscriber of the details for the process of replacing the FreeTV India Device or any component thereof. If the Subscriber requires replacement of the FreeTV India Device or any component thereof within the period of their FreeTV India Device Service Commitment (if any given by the Company ), the Subscriber is entitled to a free replacement of the FreeTV India Device provided the original FreeTV India 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 FreeTV India 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 FreeTV India Device at a charge. Further, if the Subscriber wants a replacement from the Company outside the Service Commitment, a charge may apply.

7.8 Repossession. Company reserve the right to repossess the FreeTV India Device and/or claim damages from Subscriber if the FreeTV India Device is (i) stolen or lost (ii) damaged or (iii) used unauthorized (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.

7.9 Prohibited use of Services. Company forbids its Subscriber to use the FreeTV India 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 immoral activities, including, without limitation, illegal voice termination activities or that results in damaging or risking the Company or its network/equipment’s/call center 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. 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.

7.10 Anti-piracy. Piracy is a criminal offence under law and reproduction, distribution, publication, copying, downloading or exploitation of any OTT Applications Service Provider or the OTT Applications content is strictly discouraged by the Company . In furtherance to this intent, Company , with or without notification to the Subscriber, may deploy security measures to detect piracy or any unlawful activity that may be conducted in association to the FreeTv India Services or FreeTV India Device provided by the Company . These security measures could include without limitation fingerprinting mechanism and monitoring of all activities connected to the service including usage of the FreeTv India Services or the FreeTV India Device under this FreeTv India Service Agreement. Company reserves the right to enter into the premises to inspect and audit the premises without any prior notification to the Subscriber. Company has the right to immediately deactivate, cancel and terminate the FreeTv India Service Agreement and repossess the FreeTV India Device including any connected devices, information or documents. The forgoing rights shall be in addition to all the other rights that the Company may have under the law including without limitation initiating proceedings including legal proceedings, information the enforcement agencies.

7.11 Inspection, Suspension and Repossession.Company, without any prior notification and during reasonable hours permitted under the law any time during the Term of the FreeTv India Service Agreement, may enter the Address, or such other locations where the FreeTv India Services is availed by the Subscriber, to inspect and verify if the Subscriber is in compliance with the FreeTv India 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 FreeTv India Service Agreement or intellectual property rights of any party.

7.12 Amazon Fire TV Stick with Voice Remote – FreeTV India Edition (‘FTV TSE’).

7.12.1 The Subscriber acknowledges and agrees to the following specific conditions which shall apply to Amazon Fire TV Stick with Voice Remote – FreeTV India Edition:

7.12.2 For Subscriber access and use of the FTV TPE, the Subscriber must maintain a valid subscription to the FreeTv India Service. The Subscriber’s use of the FTV TPE will be subject to these terms of service, updated from time to time and available at My Account, in addition to Amazon device terms available at https://www.amazon.in/gp/help/customer/display.html?nodeId=201267340 as may be updated by Amazon from time to time (Amazon Device Terms). If the Subscriber fails to maintain a subscription or comply with these above terms, FreeTV India at its discretion may restrict the Subscriber’s use of the FTV TPE.

7.12.3 Subscriber will need an Amazon account to activate and continue using your FTV TPE. If the Subscriber does not have an existing Amazon account, the Subscriber must create one for this purpose. To activate the FTV TPE, the Subscriber must login to their Amazon account using their Amazon credentials. Subscriber’s Amazon account credentials are confidential information. Therefore, Subscriber must not share their Amazon account credentials with anyone, including, but not limited to, Engineers sent by the Company.

7.12.4 If the Subscriber FTV TPE suffers from defects arising from ordinary consumer use within the Service Commitment Period, Company, at its sole discretion, may provide to the Subscriber a Service Commitment as stated in section 7.6 above.

7.12.5Subscriber is not entitled to a One-Year Limited Warranty provided by Amazon for the standard Amazon Fire TV devices. Amazon will not be responsible to the Subscriber in any way in respect of the FTV TPE s, including for device repairs, returns, and/or replacements. Subscriber must return all defective FTV TPEs to Company’s service centres or stores and not to Amazon. To the extent the terms in this section conflict with the Amazon Device Terms, the terms of this section read together with section 7.6 shall prevail.

7.12.6 When the Subscriber returns the FTV TPE to Company, Subscriber must ensure that the Subscriber resets the FTV TPE through the “Reset to Factory Defaults” option under ‘My Fire TV’ in Settings Section. Subscriber Amazon account credentials are confidential information and Subscriber must not share their Amazon account credentials with anyone, including, but not limited to, Engineers.

8. Tariff, Subscription Fees, Other Charges and Payments.

8.1 Prices and Taxes.Tariff, Activation Charges, Subscription Fees or other charges shall be payable by the Subscriber in accordance with the tariff plans and associated offers that may be introduced by the Company from time to time in accordance with applicable law. Company reserve 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. Subscriber shall maintain a security deposit, if required in accordance with the terms of the package or the offer that may be subscribed by the Subscriber. Company reserves the right to forfeit/adjust/apply the said security deposit in full or in part satisfaction of any sum due from the Subscriber to the Company at any time. 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 FreeTv India Service or any associated services.

8.2 Payments.All Services under the FreeTv India Service Agreement are pre-paid services and therefore, the Subscriber and/or User 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 and/or User 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 and/or User shall be done through the account which will be maintained with the Company . Account Balance in the account is non-transferable and non-refundable. The Subscriber and/or User 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 account, whether or not authorised by the Subscriber and/or User and whether or not these dues exceed the assigned credit limit (if any). Acceptance of payment from a person other than the Subscriber and/or User will not amount to the Company having transferred or subrogated any of the rights or obligations of the Subscriber and/or User to such third party. Company reserve 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.

8.3 Due Date and Non-payment. All Services under the FreeTv India Service Agreement are pre-paid services and therefore, the Subscriber and/or User 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 and/or User 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 and/or User shall be done through the account which will be maintained with the Company . Account Balance in the account is non-transferable and non-refundable. The Subscriber and/or User 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 account, whether or not authorised by the Subscriber and/or User and whether or not these dues exceed the assigned credit limit (if any). Acceptance of payment from a person other than the Subscriber and/or User will not amount to the Company having transferred or subrogated any of the rights or obligations of the Subscriber and/or User to such third party. Company reserve 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.

9. Offer, Discounts, Packages and Package Migration.

9.1 Subscription change, new, additional or supplementary Services.Offers and pricing for subscriptions, the subscription services, the extent of available Digital Content, and the specific titles available through subscription services, may change over time and by location 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 FreeTv India Service Agreement. If the Subscriber and/or User does not agree to the subscription change, new, additional or supplementary Services, the Subscriber and/or User may cancel the subscription per the Cancellation provisions below. Company does not make any guarantee as to the availability of specific Digital Content or the minimum amount of Digital Content available through the FreeTv India Service.

9.2 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 and/or User must subscribe to the packages associated with the Services 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. 10 Consequently, different plans, schemes, top ups, and/or packages offered by the Company shall have correspondingly different compositions, 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 and/or User must visit the the Company’s Website or My Account for the latest information in this regard.

9.3 Package Migration.Subscriber and/or User may, at any time, request to change the Package subscribed by the Subscriber. 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.

9.4 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.

10. Subscriber Obligations. Subscriber and/or User shall not use the Services 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 center and/or other subscriber(s). The Subscriber shall be solely responsible for all such acts or omissions. Subscriber and/or User undertakes to return the FreeTV India Device immediately on temporary suspension of service or disconnection for any reason. Subscriber and/or User shall not claim any interest, charge or lien on the FreeTV India Device, even if any dispute is pending for resolution between the Subscriber and/or User and the Company.

11. Subscriber and/or User Undertakings. The Subscriber and/or User acknowledges, agrees and undertakes:

11.1 That the documents/details submitted by the Subscriber and/or User 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.

11.2 To pay the Company the Subscription Fee including the tariff charges as published and notified by the Company from time to time.

11.3 That the Subscriber and/or User is fully conversant with the Services provided by the Company together with its charges, specification, requirements, limitations, etc., and has signed the FreeTv India Service Agreement with complete understanding of the terms and conditions and of the obligations of the Subscriber and/or User.

11.4 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.

12. Usage of Mobile Number of Subscriberand/or User by the Company

12.1 In order to engage Subscribers and/or User, Company may send information related to FreeTv India Service to Subscribers and/or User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the Subscriber and/or User (hereinafter collectively referred to as "Communication Services"). The Subscriber and/or User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are related to FreeTv India Service.

12.2 The Subscriber and/or User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by Company are upon the request and authorization of the Subscriber and/or User.

12.3 By way of example, and not as a limitation, the Subscriber and/or User agrees and undertakes that when using a Communication Service, the Subscriber and/or User will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

12.4 upload files that contain software or other material protected by intellectual property laws unless the Subscriber and/or User owns or controls the rights thereto or have received all necessary consents.

12.5 upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of FreeTv India Service.

12.6 advertise or offer to sell or buy any goods or services for any business purpose.

12.7 conduct or forward surveys, contests, pyramid schemes or chain letters.

12.8 download any file posted by another Subscriber and/or User of a Communication Service that the Subscriber and/or User know, or reasonably should know, cannot be legally distributed in such manner.

12.9 falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

12.10 violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service.

12.11 violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

12.12 Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate the Subscriber's and/or User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.

12.13 Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.

12.14 Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the Communication services and any actions resulting from the Subscriber’s and/or User’s participation in any communication service.

12.15 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Subscriber and/or User is responsible for keeping himself/herself updated of and adhering to such limitations if they download the materials.

13. Termination, deactivation, and reactivation.

13.1 Deactivation. Company reserves the right to deactivate the