“Star Maa WhatsApp Business Account”
Terms & Conditions
THE TERMS AND CONDITIONS (“T&CS”/ “TNC”) 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 viewer / user, hereinafter referred to as “User” or “You” or “Your”, who voluntarily proposes to or displays interest in receiving schedules,information , promos , providing feedback and other details of promos ,shows and movies being telecasted on the Telugu general entertainment channel “Star Maa” (“Channel”)owned and operated by Star India Private Limited (“SIPL/ Company/ We /Us”), and any such other content/information pertaining to the programs telecast or proposed to be telecast on the Channel as determined by Company at its sole discretion (collectively, “Program Content”) and in furtherance of the same, any User who participates in an activity wherein to receive the Program Content the User has to send a WhatsApp Message (as defined below) to the Assigned Number (defined below) and perform all the requisite steps, pursuant to Section 2 below (hereinafter collectively referred to as “Activity”).
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 using the Activity or accessing the Program Content. 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 [ 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 User 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 forthwith discontinue from sending any messages as part of the Activity (“Opt-Out Mechanism”). Your continued participation in the Activity shall be deemed acceptance of such T&Cs and/or any amendments thereof. 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.
By proceeding further You are representing to the Company in Your personal capacity, including for and on behalf of the User that the participation of the User in the Activity is in compliance with all laws applicable to such User, and that the User is not in any manner prohibited from participating in the Activity by any law. You affirm that You are of legal age and that You are authorized by law to accept these T&Cs for and on behalf of the User and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&Cs. These T&Cs shall be irrevocably binding on You, for and on behalf of the User and You shall ensure that the User is in strict compliance with the T&Cs hereunder.
- For an individual: The individual must be a citizen &resident of India and above the age of 18 years.
- The User must have the WhatsApp application downloaded to be able to access and participate in the Activity.
- The User must have read, understood, agreed and accepted the WhatsApp T&Cs.
- Details of the Activity
- The Company has enabled a platform through What’s App for all User to access the Program Content . Users who are interested in engaging in the Activity may send a missed call on the business account number of the Company (“Assigned Number”). For clarity, any message sent by the User using WhatsApp application shall be understood as a “Missed Call” and it shall be deemed that the User in whose name the mobile number is registered (from which the Missed Call is received) shall be construed to have given such Missed Call.
“Awesome! I am your entertainment buddy and I will keep you updated on New Shows launches | Remind you on your favorite show | Share interesting Promos for your feedback.Please press <Accept> button and you are in.”
If the User presses the “Accept” button pursuant to the above message, it will be deemed acceptance of the User of these T&Cs in their entirety and consent to the User’s participation in the Activity and to receipt of Program Content in relation to the Show the User’s failure to accept these T&Cs and press the “Accept” button will disqualify such User from participating in the Activity.
- For purposes of this Activity, “receipt” of a missed call from a User occurs when the mobile records the missed call upon the User sending the Missed Call and the User receives an automated thank you message from the Company. An automated receipt of confirmation may not be immediate and does not constitute proof of actual receipt by the Company.
- On Your acceptance of the T&Cs, a message via WhatsApp application will be sent on the phone number from which the Missed Call was received, via WhatsApp application to the User. The message shall prompt the User to press either of the following keys and shall be :
Welcome & Language Selection - Hello ! Welcome to Your favorite Star Maa. Keep yourself updated with many more interesting things. Let's be in touch. For English type E and for Mana Telugu type T
Pursuant to the above, the User shall receive further instructions as follows:
Welcome Home Menu - Awesome! I am your entertainment buddy and I will keep you updated on New Shows launches | Remind you on your favorite show | Play Contest and Make you win lots of goodies
- Type P for Exclusive Promos & New Shows
- Type S for Serials & Shows
- Type T for TV Guide & Schedule
- Type F for Feedback & Support
- Type all for All Services
- On receipt of the User’s message and in accordance to the User’s request to receive Program Content, the Company shall proceed to share such requested Program Content with the User and the User shall be prompted to exercise any of the other Option(s) subsequently.
- Company shall not be responsible in any manner if the User chooses any incorrect options or send a message which is incorrect or incomplete.
- For clarity, the User can exercise any one of the foregoing Options at a time.
- In the event the User presses an unidentified/wrong key, he/she shall be prompted to re-try and the Company shall be under no obligation to proceed with any communication with the User in such a case.
- Prohibited Communication
The communication received from the User on the Assigned Number for the entire duration of the Activity should not:
- be grossly harmful, harassing, blasphemous, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- violate any law for the time being in force;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights
- deceive or mislead the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threaten 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
In addition to the foregoing, the Company reserves the right to prohibit any other nature of communication 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.
- Representation and Warranties
- 4.1 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:
- 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;
- You agree that Your participation in the Activity is completely voluntary.
- You acknowledge that any Information submitted by You to the Company for use in connection with the Activity is true, accurate, and complete;
- You consent to (i) the collection and storage, processing and use by Company and/or its affiliates and assignees, of Your 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;
- You have read and understood the WhatsApp T&Cs and agree, undertake to comply with the WhatsApp T&Cs, without any recourse to the Company. Company will not be responsible for your use of the WhatsApp service or matters related thereto, in any manner whatsoever;
- 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 Information in relation to the Activity. In the event you send any incomplete message or information, You may be prompted by a chatbot to submit a correct/complete message;
- You agree that all costs incurred for and in relation to the Activity, including but not limited to costs to send the WhatsApp Message, as described above, shall be solely borne by You without any recourse to the Company;
- 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;
- 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 Information. Any dispute in connection to the above shall be settled between the User and the applicable telecom/mobile operator directly, without any recourse to the Company;
- You agree that by accepting the T&Cs, You shall 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;
- You confirm that Your entry of requisite Information 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;
- 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 User 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;
- 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;
- 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;
- You agree that in relation to the Activity, You shall comply with the laws of India at all times.
- You agree and acknowledges that this Activity may be cancelled/postponed/abandoned/changed 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 failure to make available the Activity 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.
- Company reserves the right to change, modify, cancel, postpone, abandon the Activity, Program Content or any part thereof, without any liability to User for any reason whatsoever.
- The Company is not under an obligation to offer or continue the Activity.
- 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.
- You acknowledge that the copyright in the Activity and all the accompanying materials (including Program Content) that You are given access to/obtain access to, by reason of Your participation in the Activity vests solely and exclusively with the Company. All rights are reserved.
- You agree and acknowledge that You shall not use any Program Content that you may have received/accessed as an outcome of Your participation in the Activity for any commercial usage or any such activity that infringes/tends to infringe any intellectual property rights of the Company. All rights in and to the Program Content or parts thereof are owned and shall continue to be owned by the Company and You shall not claim any rights, title or interest in and to the Program Content or any parts thereof.
4.2 In the event, any individual is participating in the Activity on behalf of any minor, then You represent and warrant that:
- You are authorized by law to bind such minor to the T&Cs provided herein;
- You agree to be bound by the T&Cs entered into for and on the minor; and
- You represent, warrant and covenant to the Company that any Information submitted by You to the Company for and on behalf of the minor in connection with the Activity is true, accurate, and complete, and You agree to keep it that way at all times until the T&Cs are terminated by either the Company for reasons hereunder and/or You opt out of the Activity for and on behalf of the minor.
- Company’s Rights
- Company reserves the right to disqualify You from participating/deny Your participation in the Activity without assigning any reason whatsoever. The decision of the Company in this regard shall be conclusive and binding upon You;
- Company reserves the right to disqualify any User(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;
- The decisions of the Company for all matters relating to the Activity shall be final and binding in all respects.
- The Company reserves the right to extend the timing or reduce the Activity Duration, without prior notice to You.
- In the event of any fault, misunderstanding or dispute concerning the Activity mechanism, the decision of the Company shall be final.
- Company also reserves the right to disqualify any User(s) in case a discrepancy is found to exist in the Information furnished/ provided/ stated by the User(s) at any point of time during the Activity.
- Nothing contained herein or otherwise will impose an obligation on the Company to allow Your participation in the Activity and Company reserves the right to accept/reject/deny Your participation in the Activity.
- Nothing contained herein or otherwise imposes an obligation on the Company to conduct the Activity Company reserves the right to cancel, abandon, postpone, amend the Activity or any part thereof.
- Warranty Disclaimer:
- Company makes no warranties or representations and assumes no liability or responsibility for (i) the Program Content or your access to such Program Content; (ii) Your participation in the Activity; (iii) any unauthorized access to or use of our secure servers and/or any and all 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 exclusive access to Program Content in relation to the Show, 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:
- 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;
- Your violation of any third party right, including without limitation any intellectual property right such as copyright, trademark, etc., property, or privacy right;
- Your violation of the WhatsApp T&Cs;
- 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 Information.
- Limitation of Liability:
By participating in the Activity, each User 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 User 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.
9.1 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.
9.2 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.
9.3 These T&Cs or any part thereof, may not be transferred or assigned by You, but may be assigned by Company, without restriction;
9.4 Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between You and the Company.
9.5 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 User who has raised the dispute. 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 Hyderabad , India.
9.6 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 Hyderabad having the jurisdiction over the issues arising out of these T&Cs.
9.7 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.
9.8 The Activity is strictly open to User(s) who are citizens of India and of the age of 18 (eighteen) years and above only. The User (s) should not have criminal conviction or an arrangement or a contract that prevents the User(s) from participating in the Activity.
9.9 Each User(s) hereby acknowledges and agrees that the relationship between the User and the Company and its/their affiliated companies is not a confidential, fiduciary, or other special relationship
9.10 Non-conformance by the User(s) to any and all the Terms and Conditions herein or as set by Company from time to time will make such User’s participation null and void.
9.11 User acknowledges that User’s representations, warranties, indemnities, and obligations shall survive the efflux of time and the termination of these Terms and Conditions
9.12 Each User(s) consent to the use of information submitted by the Users, including the Entry for the purpose as set out in these Terms and Conditions.
- The Personal Information may include information inter alia name and phone number.
The Personal Information is being collected by Company pursuant to the Terms and Conditions, in connection with this Activity and it is necessary for Company to collect the Personal Information for the Activity and the uses set out below in (d) below.
The Personal Information will be used for the Activity, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by Company, in respect of the Activity on the channel(s) owned by Company and/or their Social Media Pages including the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd or any other third parties.
The Company has informed the User his/her rights to: (i) review his/her Personal Information for deficiencies and inaccuracies and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify the User’s Entry to the Activity, as deemed fit and necessary by the Company at its sole discretion.
All Personal Information is true, correct and complete in all respects and in no event will the Company be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information