Brand Advertising on Star Channels
Terms & Conditions
THE TERMS AND CONDITIONS (“T&CS”) ARE AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
These T&Cs shall be binding on each and every interested advertiser (whether an individual or an entity/company/organization), hereinafter referred to as “Advertiser” or “You” or “ Your”, who voluntarily proposes to or shows interest in advertising/marketing/promoting their brands/business/products/services on Channels assembled, broadcast, distributed, operated or marketed by Star India Private Limited and Asianet Star Communications Private Limited , hereinafter collectively referred to as “ Company”/ “We” / “Us” and for this purpose, make a missed call to the Assigned Number (defined below) and perform all the requisite steps, pursuant to Section 2 below (“Activity”). For the purposes of these T&Cs, “ Channels” shall mean the channels listed in Annexure I to these T&Cs.
By providing the requisite details to the Company, You shall be deemed to have read, understood these T&Cs and voluntarily provided consent to and irrevocably, unconditionally accepted and agree to abide by these T&Cs in their entirety. If You do not agree to be bound or cannot comply with any of the T&Cs hereunder, please do not continue and Your failure to accept these T&Cs or any part thereof will disqualify You from participating further in the Activity. The Company reserves the sole and exclusive right to amend these T&Cs (and all the documents included by reference) including without limitation amendments to the eligibility criteria and details of the Activity as described below, or any element thereof, at any time without prior or subsequent notice to You. The amended T&Cs, if applicable, will be effective immediately upon uploading the same on https://www.startv.com/legal-terms-policies (“Website”), unless otherwise mentioned. You are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. The T&Cs (including any amendments thereof) shall be advertised sufficiently across the Website to ensure that no Advertiser is misled and understands the entire participation process prior to participating in the Activity. If You do not agree to an amended version of the T&Cs in whole or part thereof, You should promptly type the message ‘U’ on the Assigned Number (defined below) to opt out/or disengage Yourself from proceeding further with the Activity (“ Opt-Out Mechanism”). Your continued participation in the Activity shall be deemed acceptance of such T&Cs. You acknowledge that no knowledge of the amendments made shall not be a defence in any proceeding with regard to the Activity. Notwithstanding anything to the contrary, the amendments in the T&Cs shall not apply to any dispute between You and the Company that arose prior to the date of such amendments.
In addition to the foregoing, you may exercise the Opt-Out Mechanism at any time and in the event you exercise the Opt-Out Mechanism, Your participation in the Activity will be deemed withdrawn voluntarily.
i. For an individual: The individual must be a citizen of India and above the age of 18 years.
ii. For a company/entity/organization: The entity must have operations in India (regardless of whether it is registered under Indian laws) and the person placing the miss. ed call on the Assigned Number in the manner as set out below should be employee/ director/representative of such company/entity/organization . The Company shall be free and entitled to at any point of the Activity , call upon the person making the missed call on the Assigned Number to submit relevant documentation to substantiate and authenticate his relationship with such company/entity/organization and the individual shall be unconditionally bound to submit the same within the timelines as prescribed by the Company . In the event that they refuse to submit or fail to submit such documentation , then their Proposal shall be automatically rejected and they will not be qualified to participate further in the Activity .
iii. Such an individual / entity / company should be engaged in the business of manufacturing, distributing and selling products/services/business proposed to be advertised which do not fall within the category of “Restricted Business” under applicable laws.
iv. The Advertiser must have the WhatsApp application downloaded to be able to access and participate in the Activity.
v. The Advertiser must have read, understood, agreed and accepted the T&Cs.
2. Details of the Activity
i. The Company has announced an opportunity for individuals/entities operating businesses in India to advertise/promote/market their brand/business/products/services (subject to ‘ Prohibited Advertisements’ below) via promos that shall be aired on the Channels or such other platforms/modes as may be determined by Company at its sole discretion from time to time.
ii. Entities/persons who are interested in promoting their business/product/services may give a missed call on the number, 7021800888 (“Assigned Number”) from a registered mobile number only .
iii. Placing a regular missed call on the Assigned Number, will be deemed acceptance to participate in the Activity for promoting his/her/ entity’s / company’s products/services on the Channels. For clarity, it shall be deemed that the person in whose name the mobile number is registered
(from which the missed call is received) shall be construed to have made the missed call;
iv. It is clarified that a missed call made by the Advertiser to an incorrect number or a missed call made by an Advertiser through a mobile number not registered in his / her name will be deemed invalid and such Advertiser will be disqualified from participating in the Activity. For purposes of this Activity, “receipt” of a missed call/message from an Advertiser occurs when the mobile/network operator records the missed call/message upon the Advertiser sending the missed call/message and the Advertiser receives a thank you message from the Company. An automated receipt confirmation may not be immediate and does not constitute proof of actual receipt by the Company.
v. Upon receipt of the missed call from an interested Advertiser, message will be sent on the registered mobile number from which the missed call was received, via the Assigned Number through regular text messaging service and/or WhatsApp application ( as deemed fit by the Company at its discretion) to the Advertiser as deemed fit by the Company at its sole discretion . It is clarified that the Advertiser will be unconditionally bound to respond via the same mode / mechanism by which they receive the message . The message shall comprise of 1 (one) keywords / keys prompting the Advertiser to press the following key to proceed further in this activity.
vi. Pursuant to the above, if the Advertiser presses the key ‘A’, Company will send the Advertiser a link containing the T&Cs which the Advertiser shall be required to unconditionally accept to proceed further to participate in this Activity. In the event the Advertiser presses ay key other than A, he/she shall be prompted to re-apply and the Company shall be under no obligation to proceed with any communication with the Advertiser in such a case.
vii. Once the Advertise consents to the T&Cs, he/she will be asked to provide the pincode of the area from where his/her business operates.
ix. Once the Advertiser submits the required complete Information to the Company, such Advertiser shall be contacted by the Company and/or by any person authorized by the Company on the Advertiser’s registered mobile number through any mode / manner of communication as deemed fit by the Company at its discretion for discussing further details Advertiser’s advertising/marketing proposal and his/her product/business/service/brand (“Proposal”). This call shall be recorded by the Company for record purposes and the Participant shall have no objection to the same .
x. The Proposal may be selected or rejected by the Company basis selection or assessment criteria or parameters as set and deemed fit by the Company at its sole discretion. Such decision of the Company shall be final and unconditionally binding on the Advertisers and they shall not either through themselves or though some one on their behalf dispute the same . Company’s decision shall be final and not subject to appeal or further review. The Company will not be under any obligation to disclose reasons for non-selection of any Proposal. The Advertiser will not provide explanation on the non-selection of his/her Proposal.
xi. The selection of the Proposal does not automatically entitle the entity/person to advertise on the Channel. Persons submitting the accepted Proposals will be contacted by relevant persons of the Company for further evaluation and any actual advertising will be subject to the entity/person executing necessary deeds/documents including advertising agreements in the manner and form required by the Company.
3. Prohibited Advertisements
The products/services intended to be advertised/promoted/marketed by You on the Company’s channels should not be in relation to any of the following:
· Tobacco and Alcohol;
· Firearms, weapons, ammunition;
· Gambling, games of chance;
· Contraceptives/ products related to sexual activity;
· Political interests;
· Religious bodies;
· Advertisements showing nudity or sexual behavior; and
· Movie Trailers and movie co-branded advertisements (theatrical release), unless accompanies with an appropriate certificate from the Central Board of Film Certification (“CBFC”). Each edit of the advertisement/ creative will need CBFC certification.
In addition to the foregoing, the Company reserves the right to prohibit any other brand/business/product/service from being advertised on its channels if it believes (at its sole discretion) that it is necessary for (i) protecting the Company and/or any of its affiliates from regulatory, financial, legal liability or to comply with any applicable law; (iii) prevent or limit risk (including reputational risk) to the Company and/or any of its affiliates. Any Proposal received or submitted wherein it comes to our notice that the Advertiser is engaged in and /or owns the prohibited services / products as mentioned above, then the Proposal shall be automatically rejected and disqualified and the Advertiser cannot proceed further in the Activity .
4. Creative Control
In the event any Proposal is selected by the Company subject to its internal assessment criteria, the Advertiser of the concerned Proposal will be contacted by the Company or persons authorised by Company for further negotiations for the finalization of an agreement between the Advertiser and the Company in relation to advertisement of the brands/business/products/services of the Advertiser on the Channels (“ Advertisement Agreement”). The Advertiser acknowledges that the Company shall have no obligation to proceed with the negotiations or execution of the Advertisement Agreement with any Advertiser and reserves the right to withdraw from the negotiations at any time without assigning any reasons.
In the event further negotiations between the Advertiser and the Company are fruitful and they proceed to enter into an Advertisement Agreement, the Advertiser agrees that the Company shall have the sole and final creative control over the advertisement that shall be aired on the channels of the Company, including but not limited to the look and feel of the advertisement. The Advertiser agrees and acknowledges that the Company and/or its assignees reserve the right to make changes, modifications, alterations to the format, concept, and/or any underlying element of the advertisement or part thereof, at their sole discretion and the Advertiser agrees that notwithstanding such changes, modifications or alterations by the Company, the Advertiser shall continue to be bound by the T&Cs and the terms of the Advertisement Agreement. The Advertiser agrees and acknowledges that at no time during the continuity of the Activity, will the Company be under an obligation to advertise the Advertiser’s brands/business/products/services on its Channels. Nothing in these T&Cs will be construed to create fiduciary obligations owed by Company to the Advertise or to require Company to advertise the concerned Advertiser’s brands/business/products/services in any particular manner. The Advertiser expressly waives any claim to the contrary.
The Advertiser agrees to maintain complete confidentiality regarding their selection for the Activity and any matter relating thereto and shall not disclose any information pertaining to the Activity which is disclosed to the Advertiser(s) and which is not available to public in general, to any person or media etc. without the consent of the Company. In case the Advertiser(s) breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for participation in the Activity.
6. Representation and Warranties
6.1 By providing Your details for storage on the Platform and agreeing to participate in the Activity, You would have deemed to have made the following declarations/ representations, warranties and hereby irrevocably agree and confirm the following:
i. You agree that You have the full right, power and authority to enter into these T&Cs and to perform all obligations set out herein and that it is not under any obligation to any third party, nor will it enter into any obligation with a third party, that could interfere with performance of these T&Cs;
ii. You agree that Your participation in the Activity is completely voluntary.
iii. You acknowledge that any Personal Information submitted by You to the Company for use in connection with the Activity is true, accurate, and complete;
iv. You consent to (i) the collection and storage, processing and use by Company and/or its affiliates and assignees, of Your Personal Information provided by You for and in relation to the Activity and (ii) receipt of further communication and information from the Company and/or any person authorized by the Company information in relation to the Activity and further negotiations for the Advertisement Agreement (if applicable) and any and all notifications/communication in relation to the Activity as the Company may deem fit;
v. You acknowledge that the Company and or its affiliates and assignees, or any other entity appointed by the Company in relation to the Activity will not be liable in the event You send us any incorrect/incomplete information at the time of submission of Personal Information in relation to the Activity. For any updates or correction of your information, please email us at email@example.com;
vi. You agree that all costs incurred for and in relation to the Activity, including costs to place the missed call, as described above, shall be solely borne by You without any recourse to the Company;
vii. You acknowledge that in case of telecom, network failure and/or any other reason, Company reserves the right to change the mechanism of the Activity or take such necessary steps as it may deem fit;
viii. You agree that Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, your computer system or mobile network inter alia the website, unclear network, disruption in the network and/or the internet /network costs charged by the telecom/mobile/network operator etc. at the time of submitting of Your Personal Information. Any dispute in connection to the above shall be settled between the Advertiser and the applicable telecom/mobile operator directly, without any recourse to the Company;
ix. You agree that by accepting the T&Cs, You shall to do any and all acts and execute any and all documents in such manner and at such locations as may be required by Company, or any other entity in connection with the Activity and to give effect to the terms herein, at their sole and absolute discretion;
x. You confirm that Your entry of requisite information and the Proposal does not contain content that is indecent, immoral, blasphemous, offensive, abusive, or against the applicable laws or libellous and/or is contrary to any law in force; is grossly harmful, defamatory, obscene, libellous, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; or violates any law for the time being in force; deceives or misleads the addressee about the origin of such material or messages or communicates any information which is grossly offensive or menacing in nature; impersonate or provide details of any another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
xi. You shall not do any act either directly or indirectly during the Activity which may bring Company into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Advertiser shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to the Company and the Activity;
xii. You acknowledge that all and any incidental costs direct and/or indirect, for and in relation to the Activity, shall be borne by You and in no manner whatsoever shall the Company be responsible for the same;
xiii. You agree that Your participation in the Activity shall be at Your sole risk and that by participating in the Activity, You will be deemed to have waived Your right to raise any dispute with regard to the Activity to the extent permissible under law;
xiv. You agree that in relation to the Activity, You shall comply with the laws of India at all times.
xv. You agree and acknowledges that this Activity may be cancelled/postponed/abandoned for any reason including due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Company (each a “Force Majeure Event”) and such non-performance or failure shall not be deemed as a breach of the T&Cs. Failure by Company to enforce any of these T&Cs in any instance will not be deemed to be a waiver of the T&Cs and will not give rise to any claim by any person.
xvi. You agree to waive off any right to restrain or injunct, or attempt to restrain or injunct the Activity in whole or in parts thereof or any material in connection to the Activity.
xvii. You acknowledge that the Activity and all the accompanying materials are copyright of the Company. All rights are reserved.
6.2 In the event, any individual is participating in the Activity on behalf of any company, entity or organization (each an “ Advertiser”), then You represent and warrant that:
i. Such individual is an authorized representative of the Advertiser with the authority to bind the Advertiser to the T&Cs provided herein, regardless of whether the individual remains an authorized representative of that Advertiser;
ii. the Advertiser agrees to be bound by the T&Cs entered into for and on its behalf by such individual; and
iii. Such individual agrees to be bound by the T&Cs on behalf of the Advertiser. Such individual also represents, warrants and covenants to the Company that any information submitted by the individual to the Company for and on behalf of the Advertiser for use in connection with the Activity is true, accurate, and complete, and the individual agrees to keep it that way at all times until the T&Cs are terminated by either the Company for reasons hereunder and/or such individual opt outs of the Activity for and on behalf of the Advertiser.
7. Company’s Rights
i. Company reserves the right to disqualify You from participating in the Activity without assigning any reason whatsoever. The decision of the Company in this regard shall be conclusive and binding upon You;
ii. Company reserves the right to disqualify any Advertiser(s) from participating in the Activity if his/her conduct is found to not be in concurrence with the T&Cs (as may be amended by Company from time to time) including all obligations, representations and warranties set out herein;
iii. The decisions of the Company for all matters relating to the Activity shall be final and binding in all respects.
iv. In the event of any fault, misunderstanding or dispute concerning the Activity mechanism, the decision of the Company shall be final.
v. Company also reserves the right to disqualify an Advertiser(s) in case a discrepancy is found to exist in the Personal Information furnished/ provided/ stated by the Advertiser(s) at any point of time during the Activity.
vi. Nothing contained herein or otherwise will impose an obligation on the Company to accept or utilise the Proposal in whole or in part/s and Company reserves the right to accept or reject the Proposal in whole or in parts at its sole discretion
vii. Nothing contained herein or otherwise imposes an obligation on the Company to conduct the Activity proposed on the Channels. Company reserves the right to cancel, abandon, postpone, amend the Activity or any part thereof.
8. Warranty Disclaimer:
i. Company makes no warranties or representations and assumes no liability or responsibility for any unauthorized access to or use of our secure servers and/or any and all information (including Your Personal Information) therein, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You, in consideration of being given the opportunity to participate in the Activity, agree that You shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors or any other person from and against any:
(a) claims/suit/litigation/injury/damage/harm/loss arising out of or in connection with any breach or alleged breach by You of any obligation, confidentiality, covenant, representation, or warranty under the T&CS and all the documents included by reference hereunder;
(b) Your violation of any third party right, including without limitation any intellectual property right such as copyright, trademark, etc., property, or privacy right.
(c) Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any health hazard, injury, death, mental trauma caused to You in any manner whatsoever or for any reason whatsoever in connection with the Activity, and/or the submission of Personal Information.
10. Limitation of Liability
By participating in the Activity, each Advertiser acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Activity, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by Advertiser in relation to the Activity. Notwithstanding the foregoing, under no circumstances shall Company be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
11.1 If any provision of these T&Cs is deemed invalid by any law or a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&Cs, such portions shall be considered divisible and shall not be part of these T&Cs, and the remainder of these T&Cs shall remain in full force and effect.
11.2 No waiver of any term of these T&Cs shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these T&Cs shall not constitute a waiver of such right or provision.
11.3 These T&Cs or any part thereof, may not be transferred or assigned by You, but may be assigned by Company, without restriction;
11.4 Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between You and the Company.
11.5 The T&Cs shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Activity shall be referred to a sole arbitrator appointed by the Company and shall be governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The venue for arbitration shall be Mumbai, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Advertiser who has raised the dispute.
11.6 The Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.
11.7 These T&Cs and any non-contractual obligations arising out of or in connection with the Activity, shall be governed by and construed in accordance with the laws of the India, with the Courts at Mumbai having the jurisdiction over the issues arising out of these T&Cs.
11.8 The foregoing clauses pertaining to confidentiality, representations, warranties, warranty disclaimer, indemnities, limitation of liability, Company’s rights, dispute mechanism shall survive the efflux of time and the termination of these T&Cs.
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