Purpose. This website www.tataskybroadband.com (‘Website’) is a platform available to the general public ('User') to get information on Tata Sky Broadband Private Limited (‘Company’), the services provided by the Company, the terms and conditions that govern these services and to interact with the Company through the forums available on the Website. User is advised to read the terms carefully before accessing, registering or using any of the Services. By accessing, registering or using any of the Services, the User is deemed to be bound by these terms. Registering, availing any specific Services or participating in any forums available on the Website shall be subject to such further terms and conditions as may be provided by the Company from time to time on the Website or otherwise.
Eligibility. Website is not intended for persons under 13 years of age. The Services is available for individuals aged 18 years or older. If the User is under the age of 18, the User is requested to review these terms with his/her parent or legal guardian to make sure that the parent or legal guardian understands and agrees to it on behalf of the minor User and if require performs and undertakes such activities which will entitle the minor User to enter into a legally binding agreement with the Company.
Information. Information shall mean to include all content on the Website including without limitation trademarks, data, images, graphics, logos, icons, guides, news articles, photographs, images, audio clips, video clips, trademarks, service marks and the like, e-mail, messages posted by the User in a chat room, discussion forum or otherwise. User agrees to use the Website and the Information on the Website at his/her own risk. The Information on the Website is provided on ‘AS IS’ basis and to the fullest extent permitted by law, is provided without warranties of any kind, either express or implied. Without limiting the foregoing, the Company does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Website will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
Intellectual Property Rights. ‘Tata Sky’ trademark and the logo cannot be used without the prior written approval of the Company. All the Information displayed, transmitted or carried by the Website are protected by copyright, trademarks and other intellectual property laws. The Information is owned by the Company, its affiliates or third party licensors and neither of them grant any express or implied right to the User. User agrees to abide by all copyright notices and restrictions that are applicable to any Information and not to alter the Information in any way. User further agrees not to transfer the Information to any other person or do any act that shall result in unauthorized copying of the Information.
Hyperlinks. Website may provide hyperlinks to other internet sites including of co-branders, affiliates, subsidiaries or partners. These sites are external to the Company and by visiting these, the User is outside the Website. Since the Company has no control over such sites and resources, the User acknowledges and agrees that the Company is not responsible for the availability of such external websites or resources or servers. Neither the Website nor the Company endorses in any way nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability of any of the goods or services or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visiting and transaction on these sites. User further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The Company reserves the right to terminate any link or linking program at any time. Company does not endorse companies or products to which it provides web links and reserves the right to note as such on its website. If the User decides to access any of the third party sites linked to the Website, the User may do so at his/her own risk and choice.
Advertisements and third party content. Website may contain content and advertisements of third party. Company expressly disclaims any liability arising out of such third party content and advertisements including usage of these products advertised on the Website. The Company will have no liability related to the content of any Information posted by third parties, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. All liability is excluded to the extent permitted by law including any implied terms. Company neither takes any responsibility for the content or the advertisements, nor does it take any responsibility for the products or services provided by advertisers. Any dealings that the User may have with the advertisers found while using the Services are between the User and the advertiser, and the User agrees that the Company is not liable for any loss or claim that User may have against a content originator or the advertiser. While using this website for information purposes or otherwise, Users acknowledge and accept the above disclaimer.
Use of Information or the Website. User acknowledges and agrees that the Website may have sections that give the User the opportunity to view, publish, transmit, submit posts or comments. The User agrees that User will not misuse the Information that the User may access as part of the Service, including without limitation, download the content by illegal/non-permitted means, or infringe any of the intellectual property rights owned by the Company, its affiliates or third party licensors. The User further agrees that the User will not post, publish, transfer, upload, transmit or submit any of the content, including without limitation videos, images, comments, which is unlawful, immoral, illegal or malicious or in violation of any law. In case the Website allows the User to download or stream any of the Information, the User agree that the User will not use, sell, transfer or transmit the Information to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of Company or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.
Discussion Forums. Website may contain sections that allow the User to interact with the Company. The forums may be accessible and could be viewed by the public. Company does not have any obligation whatsoever to monitor, approve, endorse or exercise editorial control over any information posted by users and does not therefore accept responsibility for or make any warranties in connection with such information. Notwithstanding the forgoing, the Company reserves the right, without any prior notice and without assigning any reason, to edit or remove any Information, either exchanged or posted on the public domain including any comments and/or posts that may have been uploaded by the User. User waives any right, moral or otherwise, that the User nay have with regards to content, comments or posts uploaded by the User on such forums. Company shall have the right to use any Information posted by the User for any purpose that the Company deems fit. By submitting any Information on the Website, the User grants the Company a perpetual royalty free, non-exclusive license to use, reproduce, make available, distribute and sub-license the Information in whole or in part and in print or electronic form or in any other form.
Malicious Software and device. User acknowledges and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Information or any digital rights management mechanism, device, or other content protection or access control measure associated with the Information including geo-filtering mechanisms. Further, the User agrees not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Information or create any derivative work and/or material based on the Information.
Interruptions, technical and operational Malfunction. Company reserves the right to temporarily suspend access to the whole or any part of the Website for any technical/operational reason. Company may, but is not obligated to, give the User notice of any such interruption. Company will restore access to the Website as soon as reasonably practicable after temporary suspension. User agree that the Company shall not be responsible for any problems or technical malfunction of any computer online systems, servers, computer equipment or software due to technical problems or traffic congestion on the Website or due to use of any of the Services, including any injury or damage to the User(s)’ or to any person(s)’ computer related to or resulting from participation or downloading materials on the Website.
Force majeure event. User agrees that the Company shall be under no liability whatsoever to the User on non-availability of the Website or any portion thereof occasioned by Act of God or a force majeure event such as war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Company.
Developments. The development of the Website is a continuous and ongoing process. Company reserves the right to change, discontinue or redo the Website and/or the Information on Website and/or any Services availed through the Website. Company disclaims any and all liability and/or responsibility for loss of any information or data, or any consequence resulting from such development or operation of the Website. Company does not assume or purport to assume any responsibility or liability to the User for any failure or inability to access or use the Website or any Services availed through the Website. Information including published information, statistics or data available on the Website may not be current or up to date.
Limitation of Liability. Neither the Company nor its directors nor its officers nor its employees nor its affiliates nor its agents nor its contractors nor its licensors shall be liable for damages including without limitation damages for loss of profit arising in contract, tort or otherwise from the use of or inability to use this Website, including but not limited to direct, indirect, incidental, special, punitive or consequential damages, from the User’s use or inability to use the Website or any content or information or from any action taken (or refrained from being taken) as a result of using the Website or any content or Information, regardless of whether the Company has been notified of such damages. Company does not assume any liability or responsibility for the accuracy, completeness, or usefulness of any Information, apparatus, product, or process disclosed nor represents that its use would not infringe privately owned rights.
Indemnity. User agrees to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) the User’s use of and access to the website including the services; (ii) User’s violation ofany term of these Terms and Conditions; (iii) User’s violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) User’s violation of any applicable laws. This indemnification obligation will survive the expiry or termination of Terms and Conditions and the User’s access and/or use of the Website and/or service.
Termination of Services. If the User violates any of these Terms, the Company may deny the User access to the Website (or part thereof) and also disable any other user name and password associated with the User. This is in addition to any other remedies that the Company may have under law or equity including that of termination of the registration for the services that the User may avail from the Company. Further, the Company reserves the right to suspend or terminate the User’s access and use of this Website or registration, as the case may be, at any time, without assigning any reason whatsoever, in addition to the reasons stated in these Terms. The Company may exercise this right of termination, with or without giving notice to the User. User agrees that the Company shall not be liable to the User or to any third party for any suspension or discontinuance of the Website or the service availed through the Website.
Severability. If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
Governing Law and Jurisdiction. These Terms and Conditions are governed by and operated in accordance with the laws of India. If any of the parties wish to seek legal recourse, they may do so by solely using the courts of law in New Delhi.
Updates. Company reserves the right to change this these Terms and Conditions from time to time and the User should check these regularly. User’s access and use of the Website will be deemed an acceptance of these Terms and Conditions existing at that time.
As on October 15, 2016