Tata Sky Binge Mobile App

ATTENTION: THE SOFTWARE PROVIDED UNDER THIS AGREEMENT IS BEING LICENSED TO YOU BY TATA SKY LIMITED AND IS NOT BEING SOLD TO YOU.

  1. Tata Sky Binge Mobile App (‘Binge Mobile App’) is offered by Tata Sky Limited (hereinafter referred to as ‘Company’) to its existing Subscribers. Binge Mobile App offers a vast library of content from various partners through a single app that is seamless and easy to use.
  2. The Binge Mobile App is offered as follows:
    1. Non-Binge Subscribers: To Subscribers who are not subscribed to Tata Sky Binge Service, can avail Binge Mobile App on a paid subscription basis. A Subscriber will be charged Rs. 149 for the Standard Plan comprising of Zee5 Sonyliv, Voot Select. Voot Kids, Shemaroo, Hungama, Eros Now and Rs. 299 for the Premium Plan comprising of Disney+Hotstar, Zee5, Sonyliv, Voot Select, Voot Kids, Shemaroo, Hungama, Eros Now, Curiosity Stream, Sunnxt (Sunnxt is only available on large screens – on Amazon Fire TV Stick – Tata Sky Edition device and Binge+ Box)
    2. Existing Binge Subscribers: To Subscribers who are already subscribed to Tata Sky Binge Service, may also avail Binge Mobile App as a companion app to Tata Sky Binge Service with no additional or subscription cost to use the Binge Mobile App.
  3. The Binge Mobile App will be provided to the Subscriber at no additional cost and no subscription cost will be charged for the first 7 days (‘Free Trial’).  Subscribers who are on Tata Sky Binge Mobile app version 2.0.5 or above can make a request for a paid plan during or after the Free Trial and such Subscribers will be moved to selected plan on the completion of the Free Trial. For Subscribers who are on any Tata Sky Binge Mobile app version which is below 2.0.5, after the Free Trial expires, Subscribers will be charged as per the plan selection made by them at the start of Free Trial.
  4. Eligibility criteria for Free Trial: Subscribers who have availed the Tata Sky Binge Free Trial option in the past shall not be eligible for the Tata Sky Binge Mobile App Free Trial again.
  5. The Free Trial will comprise of 7 calendar days commencing from the date of subscription. However, existing Tata Sky Binge Subscriber will not be eligible to claim the benefit of Free Trial.
  6. Existing Binge Subscriber shall be liable to pay for the applicable subscription cost for Tata Sky Binge Service to be able to use Binge Mobile App. Non-Binge Subscribers shall be liable to pay for the applicable subscription cost by subscribing to either the Standard Plan or Premium Plan.
  7. Subscriber’s Tata Sky account shall be charged towards Binge Subscription, either for Tata Sky Binge Service or Binge Mobile App, as applicable, as follows:
    1. If an existing Binge Subscriber is on a Free Trial period, then post the Free Trial period Subscriber will be charged for Tata Sky Binge Service on a daily burn rate (DBR) basis. However, post a certain date, Subscribers shall be charged on monthly burn rate (MBR) The date of migration from DBR to MBR will be decided by Tata Sky at their own discretion.
    2. If an existing Binge Subscriber is using Tata Sky Binge Service on a paid basis, then they will be charged on a DBR basis. However, post a certain date, Subscribers shall be charged on MBR; The date of migration from DBR to MBR will be decided by Tata Sky at their own discretion.
    3. If a Subscriber subscribes to Tata Sky Binge Service now then he/she shall be eligible for the Free Trial period, however post the Free Trial period Subscriber shall be charged for Tata Sky Binge Service on MBR basis. If the Subscriber is not eligible for Free Trial period, then he/she will be charged for Tata Sky Binge Service on MBR basis;
    4. If a Non-Binge Subscriber subscribes to Binge Mobile App and purchases a subscription plan then the cost towards the plan shall be charged to his/her Tata Sky account, hence Subscriber must have sufficient account balance before availing the subscription of Binge Mobile App.
  8. Content from various partner apps can be viewed on Binge Mobile App. The Subscriber shall not be required to pay for any individual subscription other than Amazon prime content. However, not every content and partner apps as available on Tata Sky Binge Service will be available on Binge Mobile App. Availability of content on Binge Mobile app will be as per Subscription Plans availed by Subscriber.
  9. For the Amazon prime content, the Subscriber will have to pay additional charges of INR 129/- per month (or the then prevailing Amazon prime monthly charges). 
  10. The Company reserves the right, without any previous notification to the Subscriber, to change the subscription price, plan or offer.
  11. If the Subscriber discontinues Tata Sky Binge Service, then Subscribers will not have any access to Binge Mobile App.
  12. The Subscriber’s use of Binge Mobile App will be subject to the Partner content terms of service, as may be updated by content partners from time to time.
  13. To start using Binge Mobile App on a mobile a Subscriber to follow the below steps:
    1. Download Binge Mobile App from Google Play Store/App Store on the device;
    2. Subscriber will have an option to login to Binge Mobile App using an OTP sent to the RMN;
    3. Only Active Tata Sky Subscribers can register their devices;
    4. If Subscriber already has an active Binge Subscription then he may start using Binge Mobile App as per the applicable Plan or alternatively, he can continue by selecting a Plan;
    5. Upto 3 Devices can be registered with Tata Sky for Binge Mobile App, which can be either be a mobile/tablet/laptop with Android/iOS or combination of any of these. However, the viewing concurrency of the content on Binge Mobile App, at a given time, shall depend on partner app rules.
  14. The playback quality and resolution will depend on several factors like the compatibility of the device on which the Subscriber is accessing the content and the internet bandwidth.
  15. Binge Mobile App is an app that offers content owned, created and operated by various third-party Applications Service Providers. None of the content is being edited, curated or owned by the Company.
  16. These third- party application Service Providers or their Applications or services are not owned or controlled by the Company. Neither the Company has control over and assumes no responsibility for the Applications Service Providers or their Applications, third-party services or content, privacy policies, or practices of any Applications Service Provider or their Applications.
  17. In case the Subscriber goes into de-active state due to non-payment of dues, Subscriber will continue to have access to available content on Binge Mobile App till the end of the monthly billing cycle. However, if the Subscriber goes into de-active state due to non-payment of dues while Tata Sky Binge Service is on Free Trial period then Subscriber shall not have access to any content on Binge Mobile App.  
  18. The Company reserves the right to decide the eligibility of the Subscribers to whom Binge Mobile App would be offered.
  19. 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.

GENERAL TERMS AND CONDITIONS

  1. Binge Mobile App is not supported on jail broken devices.
  2. Company has taken all measures to control piracy on Binge Mobile App. Subscriber shall be liable to use Binge Mobile App for private and non-commercial use, in accordance with the Terms & Conditions hereof and take steps to prevent piracy (i.e., unauthorized transfer/recording/ duplication / projecting of content to any other device or using Binge Mobile App outside the territorial boundaries of India). Any Subscriber who has activated Binge Service on his / her registered device, if found indulging in piracy or using Virtual Private Network (“VPN”) to access the same, will be liable for blacklisting and deactivation of its Tata Sky Account, and Company and its Content Providers shall have the sole right in this regard.
  3. Company reserves the right to modify Binge Mobile App admin fee without any prior notice.
  4. Any and all taxes and/or levies applicable shall be solely borne by the Subscribers.
  5. Company bears no assurance or responsibility on the quality of streaming on the device. The streaming experience is based solely on the available bandwidth from Subscriber’s respective internet service provider. Company bears no responsibility of the malfunction/ poor performance of Binge Mobile App on Subscriber device.
  6. 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 these terms and conditions to withdraw it completely or to change the composition of this Terms and Conditions.
  7. Binge Mobile App is non- transferable to another device from the registered devices on which it is activated and any attempt or action to do the same would be treated as unauthorized and shall amount to piracy. Company will not be liable for any loss, damage or cancellation of Binge Mobile App caused by force majeure events beyond its reasonable control including war, natural calamities, floods, epidemics, pandemics, failure of telecommunication network, etc. and / or in respect of any claim pertaining to the exhaustiveness of this Terms and Conditions.
  8. In case of loss / theft / replacement or any other issues with the Device, Subscriber must immediately inform the Company and put the request to de-register and / or de-activate Binge Mobile App from such device. In case of failure to do so, Subscriber would be solely liable for violation of the Terms & Conditions and / or the infringement of the rights or licenses granted herein.
  9. Subscriber consents to comply with these terms and conditions and waive any right to claim ambiguity in these terms and conditions and release, indemnify and hold harmless the Company and its respective affiliates, advertising and promotion agencies, and its respective agents, 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 activating Binge Mobile App.
  10. In addition to the Terms and Conditions stated here, the Subscribers shall be bound by the  terms and conditions stipulated in the Hardware Warranty Terms and Conditions, Specific Terms and Conditions of Tata Sky Subscription Contract and/or Specific Terms and Conditions of Tata Sky Subscription Contract for Tata Sky Hardware provided on Entrustment basis and/or Tata Sky Mobile Terms and Conditions, Tata Sky Binge Terms and Conditions  and such other documents, all found on the Tata Sky website - www.tatasky.com. The documents referred above will be collectively referred herein as 'Subscription Contract'.
  11. 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.
  12. Limitation of Liability: Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall Company be liable to the Subscribers or to any other person or entity for any indirect, special, incidental, remote or consequential damages of any character whatsoever (including, without limitation, damages for loss of profits, loss of goodwill, loss of confidential or other information, for business interruption, work stoppage, device failure or malfunction, for personal injury, loss of privacy, for failure to meet any duty including a duty of good faith or of reasonable care, for negligence (whether active or passive), and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use the application, loss of data or otherwise under or in connection with any provision of this Terms and Conditions, even in the event of fault, tort (including negligence, and gross negligence), strict liability, breach of contract, or breach of warranty by the Company, and even if the Company has been advised of the possibility of such damages. In no event will the Company be liable for any damages in excess of the Binge Mobile App admin fee that Company charges to a Subscriber for offering Binge Mobile App.
  13. The Company reserves the right, at any time, to verify eligibility requirements, in any manner deemed appropriate by the Company.
  14. The right to use Binge Mobile App is non-transferable, not for resale, and not redeemable for cash.
  15. 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 Terms and Conditions or to withdraw it completely or to change the composition of the Terms and Conditions.
  16. The Company will not be responsible for any loss or damage caused to the Subscribers if the Terms and Conditions is cancelled and/or withdrawn by the Company or if the Subscriber is not able to access Binge Mobile App 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.
  17. By agreeing to use Binge Mobile App, 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.
  18. Subscriber agrees that any information and documentation provided to them in respect of provision of Binge Mobile App is "Confidential Information" of the Company. Subscriber shall retain all Confidential Information in strict confidence and with the same amount of diligence that they exercise in preserving the secrecy of their most-valuable information, but in no event less than reasonable diligence.
  19. 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 accessing Binge Mobile App.
  20. 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 Sky website or process any transaction thereon.
  21. All capitalized terms used herein shall have the same meaning as ascribed to them in the Subscription Contract.
  22. In the event of any inconsistency between the Subscription Contract and these Terms and Conditions, in so far as this Terms and Conditions are concerned, the latter shall prevail.
  23. Headings used herein are for convenience only and do not affect the interpretation of the Terms and Conditions.
  24. Any disputes, differences or questions, which may arise at any time hereafter between the Company and the Subscriber 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.
  25. The Terms and Conditions shall be construed in accordance with the laws of India and the courts of Mumbai shall have the sole and exclusive jurisdiction to adjudicate on any disputes arising from the Terms and Conditions.