Direct Mailers to Prospective Customers
Terms & Conditions
Please read the following Terms and Conditions very carefully of this customer engagement activity conducted by Star India Private Limited (‘Star India/Us/ We’). By not objecting to the performance of this Engagement Activity (defined below), you agree to be bound by these Terms & Conditions.
1. Activity and Purpose: Star India shall send regular email communication to you through its central email ID (i.e. email@example.com) containing important Star Sports business updates (e.g. upcoming events), related to the Star Sports business, that may be of interest to you within the context of your business activities (“ Engagement Activity”). The purpose of this Engagement Activity is to create outreach and engagement with advertisers and influencers for potential collaborations with Star India (“ Purpose”).
The recipients of this communication are Indian citizens, resident in India in connection with services offered by Star India in India. By receiving such communication pursuant to this Engagement Activity, you represent that you are an Indian citizen and is a resident of India. In the event you are not an Indian citizen resident in India, please do unsubscribe from receiving this email. If you choose not to unsubscribe, you do so at your own risk and Star India shall not be liable in connection with the Engagement activity.
2. Source of Personal Information: During the performance of our promotional activities, we have collected and processed the personal information provided by you or third parties operating in the media and entertainment sector or in any other sector connected with the promotional activities of Star India (such as press agencies, PR agencies, marketing and communication agencies, event organizers, other Star India customers, etc.) or has been sourced via our front line sales persons, as well as personal information that is publicly available, such as information of social media or public databases. This information includes your name, surname, email address, telephone number and similar contact information (“PI”).
4. Retention and Maintenance of PI: We will retain your PI for the period necessary to fulfill the Purpose for which the PI was collected, for no more than 2 (two) years after collection, unless you express your consent to continue to be involved in the Engagement Activity.
The PI processed for the performance of this Engagement Activity shall be updated on a regular basis to maintain accuracy and ensure that no unrelated legacy information/data is stored.
5. Transfer of PI: Your PI shall not be transferred to any third party (within India or outside India) for the performance of this Engagement Activity and shall at all times be stored in India.
By not objecting to the performance of this Engagement Activity, to the extent permissible under law, you expressly waive your privacy rights and/or any privacy expectations that you may have with respect to the use of your PI sourced by Star India;
7. Opt out/Unsubscribe: Every email communication sent to you pursuant to this Engagement Activity shall include an opt-out link to unsubscribe from receiving such communication. Alternatively, you may also reply to our email communication informing us of your intent to unsubscribe. All requests for un-subscription shall be implemented within 7 (seven) business days (excluding weekends) of receipt of the same. We shall ensure that no further communication is sent to Business Contacts that have unsubscribed from receiving such communication and their relevant PI shall no longer be processed/removed from the mailing list/database for the Purpose of this Engagement Activity.
8. Specification of Communication: (i) As mentioned above, the communication shall include without limitation updates, news, infographics etc. in relation to the Star Sports business; (ii) The communication sent to you pursuant to this Engagement Activity shall be on a regular basis with no more that 5 (five) communications in a calendar month; (iii) The communication sent to you pursuant to this Engagement Activity shall in no manner include an outright sale/offer of a sale/discount offer of products and services of Star India; (iv) All communication and the underlying content shall comply with applicable law and shall be approved by Star India’s standards and practices team; and (v) A link to these Terms and Conditions shall be included in all email communications received by you pursuant to this Engagement Activity.
9. The PI processed for the performance of this Engagement Activity shall in no manner be used for re-targeting campaigns, or for any other purpose other than as mentioned under these Terms and Conditions.
10. This Engagement Activity shall not involve collection of read receipt/open rate unless such data collected is completely anonymous and such anonymous data is used solely for analytical purpose to measure the Engagement Activity and manage its success.
11. General Terms:
11.1 All rights, including all copyrights and other intellectual property rights in respect of the content in the Communication in its entirety vests in Star India.
11.2 You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of breach of : (i) any terms and conditions mentioned herein; (ii) applicable laws in relation to this Engagement Activity; (iii) Star India’s intellectual property rights. In the event of any claim, you shall promptly adjust, settle, defend or otherwise dispose of such claim at your sole cost. If you are not diligently and continuously pursuing this matter, Star India may take such action on behalf of you and/or as attorney for you, to adjust, settle, defend or otherwise dispose of such claim, in which case you shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.
11.3 You acknowledge and confirm that neither Star India’s licensors nor any of their affiliates are in any manner whatsoever associated with the Engagement Activity or responsible for the communication sent to you. This Engagement Activity is in no way sponsored, endorsed or administered by Star India licensors or any of their respective affiliates.
11.5 You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to this Engagement Activity. Star India reserves the right to refrain from entering into a business relationship with you in case of non-submission and/or delayed submission of such additional documents;
11.6 Star India reserves the right to discontinue the Engagement Activity at any time for any reason whatsoever without any recourse and/or liability to you whatsoever without prior notice to you.
11.7 You hereby understand that Star India makes no representation and/or warranties regarding the Engagement Activity or any matter in connection therewith other than those expressly given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied;
11.8 Limitations of liability: By not objecting to the performance of this Engagement Activity, you acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Engagement Activity shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these terms and conditions shall not exceed the total monetary value of Rupees Hundred.
11.9 Notwithstanding anything contained herein, you expressly agree that you shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of this Terms and Conditions by you, Star India shall be entitled to any and all remedies in law and/or equity;
11.10 You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between you and Star India. You further acknowledge that mere receipt of email communication pursuant to this Engagement Activity shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between you and Star India.
11.11 Warranty Disclaimer: To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with this Engagement Activity. Star India makes no warranties or representations about the accuracy or completeness of the content of the communication pursuant to this Engagement Activity and this website including this section or the content of any websites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies in the communication pursuant to this Engagement Activity or on the website including this section, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our email account (as mentioned above) or the website and/or this section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our communication pursuant to this Engagement Activity or website by any third party, and/or (vi) any errors or omissions in any content in the communication pursuant to this Engagement Activity or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website/ Engagement Activity/ section, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Star India 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.
11.12 Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant in any manner whatsoever, in relation to the Engagement Activity and/or any matters arising out of the Terms and Conditions.
11.13 You undertake that You shall adhere to the policies of Star India as informed to you from time to time. You shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct.
11.14 You hereby acknowledge that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of India, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein;
11.15 You hereby irrevocably agree to maintain confidentiality in respect of the Terms and Conditions of this Engagement Activity; and agree to make no public press announcements or share any information relating to the Terms and Conditions for publication without the explicit approval of Star India.
11.16 You hereby acknowledge that your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.
11.17 You shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums in relation to this Engagement Activity or otherwise which may bring Star India into public disrepute.
11.18 The Terms and Conditions shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Engagement Activity, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996 (“the Act”), amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by you who has raised a dispute.
11.19 Subject to the provision of Paragraph 11.18 above, the courts having jurisdiction under the provisions of the Act, 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 Act, shall exclusively be the courts at Mumbai, India.
11.20 You acknowledge that in case the Engagement Activity and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood, pandemic, government action or any Act of God or event beyond the reasonable control of Star India then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Engagement Activity and/or the communication to you forthwith and such decision shall be final and binding.
11.21 The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the you and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the you and Star India, in relation to this Engagement Activity.
11.22 You hereby acknowledge that you have fully read these Terms and Conditions voluntarily, without coercion or any undue influence on the part of Star India and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.