TVOD – Movies On Rent Service

SERVICE

  1. TVOD-Movies on Rent is a service (‘TVOD-Movies on Rent’ or ‘Service’) offered by Tata Sky Limited (‘Tata Sky’) to its Eligible Subscribers. Eligible Subscriber shall mean a Tata Sky Subscriber who has an Active Account Status. This Service offers a vast library of content from various partners(‘Content’).
  2. Eligible Subscriber can order Content via TVOD on the following ‘Digital Platforms’: Tata Sky Mobile App(Android) & Watch.tatasky.com on Web.
  3. Any Content ordered by Eligible Subscriber on TVOD-Movies on Rent will be accessible on Digital Platforms (Tata Sky Mobile (Android), Tata Sky Binge & Watch.tatasky.com on Web.
  4. The Eligible Subscriber can view the Content multiple times; however, it is clarified that the validity or the viewing period for the Content accessed on TVOD-Movies on Rent will be as follows:
    On Digital Platforms: Content will be available for 30 days from the point in time the Content is ordered (Rental expiry). Once the Content is played i.e. movie is started on the player in Tata Sky Mobile App/Tata Sky Binge/watch.tatasky.com on Web, it will be valid for 48 hours only (Playback expiry). For instance, if an Eligible Subscriber orders the Content at 10:00am on 10th September then he/she can start viewing the same till 11:59 PM on 9thOctober. And if the Eligible Subscriber starts playing the Content at 10:00am on 12th September, then he/she will have to finish viewing the Content within next 48 Hours i.e. 9:59am on 14th September. Post that the Content will expire.
  5. To avail this Service, Eligible Subscriber has to order the Content by any of the following methods:
    • Tata Sky Mobile App – “Movies on Rent”:
      Android only:
      1. Eligible Subscriber to select the movie title he/she wants to order from the available Content list under “Movies on Rent”;
      2. Applicable subscription price will be automatically deducted from Eligible Subscriber’s DTH Account.
    • Watch.tatasky.com on Web:
      1. By logging on to www.watch.tatasky.com;
      2. Eligible Subscriber to select the movie title he/she wants to order from the available Content list under “Movies on Rent”
      3. Applicable subscription price will be automatically deducted from Eligible Subscriber’s DTH Account.

    The Service is not available on iOS platform of Tata Sky Mobile App. Eligible Subscribers using iOS can avail the Content from the above two options only.

  6. Once an Eligible Subscriber has ordered the Content via any of the above methods i.e. (a) Tata Sky Mobile or (b) www.watch.tatasky.com under the “Movies on Rent” section, they can access the Content as below:
    1. Tata Sky Mobile App – “Movies on Rent”:
    2. Watch.tatasky.com – “Movies on Rent”
    3. Tata Sky Binge - “Movies on Rent”
  7. The Eligible Subscriber will have to individually order the desired Content. Subscription price will be mentioned for each Content along with the title name and will also be informed at the time of placing the order.
  8. Content will be streamed on the Digital Platform on which the Eligible Subscriber views it and shall not be available for downloads on any of the platforms.
  9. The Subscription charges for ordering the Content shall be debited from the Eligible Subscriber’s Tata Sky DTH Account, hence Eligible Subscriber must have sufficient balance, if not, then shall recharge their Tata Sky DTH Account before ordering the Content. Tata Sky reserves the right, without any previous notification to the Eligible Subscriber, to make changes in the prices, including increase in the prices or modification in the Service.
  10. No rights in any Content ordered under this Service shall be transferred by Tata Sky or any other party to the Eligible Subscriber, except the rights of personal viewing of the Content on Pay Per View (PPV) basis, subject to payments as prescribed for each movie title.
  11. Once any Content has been ordered by an Eligible Subscriber, he/she can’t cancel the order, nor shall there be any refunds.
  12. Content will also be showcased in the Watchlist -> Rented section of the Digital Platforms. If Eligible Subscriber has not ordered any Content, they can explore the entire Movies on Rent library from this section.
  13. Tata Sky reserves the right to modify the lineup / validity period for any Content available on TVOD without prior notice.
  14. This Service is being offered to Subscribers who have active Tata Sky DTH Subscription.
  15. The Eligible Subscriber’s use of the Service will be subject to these terms of service, updated from time to time.
  16. The playback quality and resolution will depend on several factors like the compatibility of the device on which the Eligible Subscriber is accessing the Content and the internet bandwidth.

General Terms 

  1. Tata Sky reserves the right, at any time, to verify eligibility requirements, in any manner deemed appropriate by Tata Sky.
  2. This Service cannot be combined for additional discounts nor can any offers be clubbed to avail this Service. This Service is non-transferable, not for resale, and not redeemable for cash.
  3. In addition to the terms and conditions stated here, the Eligible Subscribers shall be bound by the relevant terms and conditions stipulated in the Subscription Contract and such other documents that may all be found on the Tata Sky website – www.tatasky.com. The documents referred above will be collectively referred herein as ‘Subscription Contract’.
  4. Tata Sky 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 Subscribers to any network operator including any premium rates that may be charged by the network operator. Eligible Subscriber 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 Sky.
  5. This Service is restricted to the Content (s) available under TVOD on Digital Platforms.
  6. Tata Sky reserves the right at any time, without prior notice, without assigning any reason and without any liability whatsoever, to add and / or vary all or any of these Terms and Conditions or to replace, wholly or in part this Service or to withdraw it completely or to change the composition of this Service.
  7. Any and all taxes and/or levies applicable in relation to this Service shall be solely borne by Eligible Subscribers, and the subscription price for each Content under this Service shall be inclusive of such taxes.
  8. Tata Sky will not be responsible for any loss or damage caused to the Eligible Subscribers if this Service is cancelled and/or withdrawn by Tata Sky or if the Eligible Subscribers are not able to view the Contents due to reasons beyond the reasonable control of Tata Sky including without limitation force majeure events such as war, natural calamities, epidemics, pandemics, floods, failure of telecommunication network, satellite technology failure etc.
  9. By availing this Service, it shall be deemed to be construed that Eligible Subscribers have read and consented to the Terms and Conditions stated here in and in the Subscription Contract.
  10. The Eligible Subscriber and/or any person through the Eligible Subscriber 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 undertake to release, indemnify and hold harmless Tata Sky and its respective affiliates, advertising and promotion agencies, and its respective agents, partners, respective affiliates, advertising and promotion agencies, and its respective agents, partners, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damagers, claims, actions, or any liability of any kind resulting from or arising from the Eligible Subscribers availing this Service.
  11. Tata Sky shall not be responsible for printing or typographical errors in any promotional material(s); or for transaction(s) 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(s) or error(s), including inability to access the Tata Sky website or process any transaction thereon.
  12. By availing this Service and by availing any Content under the Service, 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.
  13. All capitalized terms used herein shall have the same meaning as ascribed to them in the Subscription Contract.
  14. In the event of any inconsistency between the Subscription Contract and these Terms and Conditions, in so far as this Service is concerned, the latter shall prevail.   
  15. Headings used herein are for convenience only and do not affect the interpretation of this promotional scheme.
  16. Any disputes, differences or questions, which may arise at any time hereafter between Tata Sky 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.
  17. 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.