Tata Sky Mobile
ATTENTION: THE SOFTWARE PROVIDED UNDER THIS AGREEMENT ISBEING LICENSED TO YOU BY TATA SKY LIMITED AND IS NOT BEING SOLD TO YOU. THIS DOCUMENT.
- By downloading the Tata Sky Mobile, Active Tata Sky Subscribers will be able to watch select Live TV channels, Catch-Up TV Videos and On Demand Videos on their Devices. Tata Sky Mobile can be accessed through the Tata Sky Mobile application.
- Active Tata Sky Subscriber / Tata Sky Subscriber / Subscriber means a Tata Sky Subscriber holding a positive account balance in his / her Tata Sky subscription account.
- Content: means the linear and non-linear content and / or platform services made available to Tata Sky Subscriber.
- Data charges: the charges as per internet service provider/ broadband service provider incurred to stream videos from the internet.
- Device(s): Available on PCs with OS Windows XP, Windows 7, 8 and 8.1, on Android 4.4 and above, iOS9 and above.
- DTH: means Direct to Home satellite television services.
- Tata Sky Mobile / TSM: Tata Sky Mobile is available on registered Device(s) that enables a Tata Sky Subscriber to (1) stream of Live TV channels (2) stream Catch-Up TV Videos and (3) stream videos from Tata Sky On Demand library. Tata Sky Mobile is delivered to Devices via OTT internet on internet connected Devices.
- Tata Sky Mobile: Terms and Conditions (‘TSM T&C’): This entire document including the eligibility criteria and the other applicable Terms and Conditions for access to TSM.
- Registration: free of charge process that allows a Tata Sky Subscriber to give a friendly name to a Device for easy identification.
- STB: means Tata Sky’s DTH Set Top Box
- Streaming: playback of audio & video files in compressed form over the internet.
- Tata Sky Account: means the Tata Sky subscription account of an Active Tata Sky Subscriber.
- Tata Sky Mobile app: A software application owned and distributed by Tata Sky free of cost on Computer browsers, and devices with select iOS and Android based Operating Systems (OS).
- On Demand Library: a collection of free & chargeable videos in an encrypted form available for streaming on the STBand Device for its validity period.
- Virtual Private Network / VPN: VPN client enables computers/Devices to connect to a virtual private network wherein the client makes remote resources of another network available in a secure way as if the user was connected directly to that "private" network.
- www.tatasky.com: means the Tata Sky website on which Tata Sky Subscriber can manage his Tata Sky Account by modifying his packs, ordering showcase movies, recharging his Tata Sky Account, etc.
- You / Your: An Active Tata Sky Subscriber who has activated Tata Sky Mobile on his / her registered Device(s).
Registration of Device for Tata Sky Mobile
Active Tata Sky Subscribers can register their Device(s) in the following steps:
- To register a device, download the Tata Sky Mobile app on the mobile device or access ‘Watch.tatasky.com’ on the computer browser
- The user has an option to login to the app using an OTP sent to the RMN or by logging in via the password of www.tatasky.com.
- Only Active Tata Sky Subscribers can register Devices.
- 10 Devices can be registered with Tata Sky for Tata Sky Mobile. However, Tata Sky Mobile, at a given time, can be activated on a maximum of 2 (Two) Devices of an Active Tata Sky Subscriber.
- If an Active Tata Sky Subscriber has Tata Sky Mobile activated on either 1 (One) or no Devices, 10 Devices can be registered with Tata Sky. However, if he / she has Tata Sky Mobile activated on 2 (Two) Devices and wishes to register more Devices, he / she will need to de-activate Tata Sky Mobile on at least 1 (One) Device to register more Devices.
Activation of Tata Sky Mobile
- Only Active Tata Sky Subscribers can activate Tata Sky Mobile on their registered Devices.
- To activate Tata Sky Mobile, Subscriber can login to the app using OTP or the password of www.tatasky.com.
Tata Sky Mobile on Devices
- To access this section, the Subscriber needs to be an Active Tata Sky Subscriber,
- Login his / her Device for Tata Sky Mobile using OTP or the password of www.tatasky.com.Tata Sky Mobile is accessible for only those select channels to which the Subscriber is entitled to, based on his / her subscription pack on the Tata Sky DTH Platform and / or the channels for which Tata Sky has the right of distribution, subject to the fulfilment of other requirements under this TSM T&C. The inclusion of the same on Tata Sky Mobile shall be decided by Tata Sky in its sole discretion, based on the specific rights granted by the Broadcasters / Content Providers (Linear and Non-Linear) to Tata Sky in the Content therein and any other relevant considerations.
- Tata Sky reserves the right to modify the line-up / validity period for any Content available on Tata Sky Mobile without prior notice.
- Tata Sky does not have any Intellectual Property Rights including copyrights to or own any of the content shown on the Tata Sky Mobile.
- A minimum internet speed of 300kbps is required to access Tata Sky Mobile.
- Subscriber can stream the Content, as applicable, using 4G, 3G, broadband over Wi-Fi, Wi-Fi broadband.
- Data charges shall be as applicable by the mobile service/ internet service provider. Please check this with Your ISP/mobile service provider.
- Live TV streaming is permitted within the territorial boundaries of India only.
- As per directions from broadcasters/ content providers received by Tata Sky from time to time, certain specific programmes on Live TV channels may not be made available for viewing on the Device. Tata Sky is bound by these directions and takes no responsibility for non-availability of these programs.
In addition, to the afore-stated guidelines and terms, applicable to access Live TV, Catch-Up TV and On Demand Videos, the following guidelines and terms are specific to the type of viewing:
- Live TV
- Select Live TV channels offered on the Tata Sky set top box will be made available for viewing on Devices.
- There might be a slight time lag between the videos shown on the Live TV channels on set top box and on the Device.
- Live TV channels can only be streamed to the Device.
- Catch-Up TV
- Catch-Up TV enables Subscribers to watch last 5 days episodes of select TV shows authorised by the broadcasters / content providers to Tata Sky.
- Catch-Up TV is available for a select TV shows for a select list of TV channels.
- Catch-Up can only be streamed to the Device.
- On Demand Videos
- Select videos from Tata Sky’s On Demand library are available for viewing on Devices.
- To watch a On Demand video on the Device, Subscriber can stream On Demand video from the app from any poster or the OnDemand Section
General Terms and conditions
- Tata Sky Mobile is not supported on jail broken Devices.
- Tata Sky has taken all measures to control piracy on Tata Sky Mobile. You are liable to use Tata Sky Mobile for private and non-commercial use, in accordance with the Terms & Conditions hereof and take steps to prevent piracy (i.e., unauthorised transfer/recording/ duplication / projecting of content to any other device or using it Tata Sky Mobile outside the territorial boundaries of India). Any Subscriber who has activated Tata Sky Mobile 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 Tata Sky and its Content Providers shall have the sole right in this regard.
- Tata Sky reserves the right to modify Tata Sky Mobile admin fee without any prior notice.
- Tata Sky bears no assurance or responsibility on the quality of streaming on the Device. The streaming experience is based solely on the available bandwidth from Your internet service provider.
- Tata Sky bears no responsibility of the malfunction/ poor performance of Tata Sky Mobile or Tata Sky Mobile app on Your Device.
- Tata Sky 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 TSM T&C or to replace, wholly or in part this TSM T&C or to withdraw it completely or to change the composition of this TSM T&C.
- Tata Sky Mobile is non- transferable to another Device from the Devices it is activated for and any attempt or action to do the same would be treated as unauthorised and shall amount to piracy.
- Tata Sky will not be liable for any loss, damage or cancellation of Tata Sky Mobile 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 TSM T&C.
- In case of loss / theft / replacement or any other issues with the Device, You must immediately inform Tata Sky and put the request to de-register and / or de-activate TSM from such Device. In case of failure to do so, You would be solely liable for violation of the Terms & Conditions and / or the infringement of the rights or licenses granted herein.
- Tata Sky 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.
- You consent 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 Tata Sky 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 Tata Sky Mobile.
- This TSM T&C is in addition to the Terms & Conditions contained in the existing Subscription Contract of Your Tata Sky Account for availing DTH services through the Set Top Box and applicable laws, rules and regulations. Limitation of Liability: Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall Tata Sky be liable to You 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 TSM T&C, even in the event of fault, tort (including negligence, and gross negligence), strict liability, breach of contract, or breach of warranty by Tata Sky, and even if Tata Sky has been advised of the possibility of such damages. In no event will Tata Sky be liable for any damages in excess of the TSM Admin Fee Tata Sky charges to You for offering the TSM.
- In the event of any inconsistency between the Subscription Contract, this document, in so far as this Terms and Conditions are concerned, the document issued subsequently and shall prevail.
- Confidentiality: You agree that any information and documentation provided to You in respect of provision of TSM is "Confidential Information" of Tata Sky. You shall retain all Confidential Information in strict confidence and with the same amount of diligence that you exercise in preserving the secrecy of your most-valuable information, but in no event less than reasonable diligence.
- Arbitration & Jurisdiction: Any disputes, differences or questions, which may arise at any time hereafter between Tata Sky and You 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.
- Governing Law: 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.
- Severability: If any provision of this TSM T&C is held to be unenforceable, the enforceability of the remaining provisions shall in no way be treated as affected or impaired thereby.
- Headings: Headings used herein are for convenience only and do not affect the interpretation of this Offer Document