TERMS AND CONDITIONS GOVERNING THE OFFER “DISNEY+ HOTSTAR MOBILE SUBSCRIPTION”

A.     INTRODUCTION

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THE FOLLOWING TERMS & CONDITIONS SHALL BE APPLICABLE TO PREPAID SUBSCRIBERS OF VODAFONE IDEA LIMITED (“VODAFONE IDEA/VIL/Vi”) PURCHASING SPECIFIC RECHARGE PLANS AS MENTIONED UNDER THE OFFER DETAILS AND AVAILING THE OFFER KNOWN AS “DISNEY+ HOTSTAR MOBILE SUBSCRIPTION ” (“OFFER”) DURING THE OFFER PERIOD AS MENTIONED HEREIN.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE AVAILING THIS OFFER.  BY AVAILING THE OFFER, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS (“VIL TERMS AND CONDITIONS/VIL T&C”).

FOR THE PURPOSES OF THESE TERMS AND CONDITIONS, WHEREVER THE CONTEXT SO REQUIRES “YOU” OR “YOUR” SHALL MEAN ANY NATURAL PERSON WHO BEING AN ELIGIBLE SUBSCRIBER HAS AVAILED THIS OFFER.

BY AVAILING THE DISNEY+HOTSTAR MOBILE SUBSCRIPTION, YOU CONSENT TO VIL T&C. FURTHER, YOU CONSENT TO AND WILL BE GOVERNED BY HOTSTAR TERMS AND CONDITIONS AVAILABLE AT https://www.hotstar.com/in/terms-of-use WHICH ARE INDEPENDENT OF VIL T&C. BY AVAILING THE OFFER, THE CUSTOMER AGREES THAT THE CUSTOMER HAS GONE THROUGH VIL T&C AND HOTSTAR TERMS AT https://www.hotstar.com/in/terms-of-use AND AGREES TO THE SAME.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT AVAIL THIS OFFER.

B.     DEFINITIONS

a.      “Subscriber” shall mean the rightful user of the VIL mobile connection who is on prepaid subscription, in whose name the mobile phone number (MSISDN) is registered with VIL. 

b.      “Active Subscriber” shall mean a Subscriber who uses the Subscriber Identity Module (“SIM”) of VIL on a regular basis for purposes other than to participate in any offer or contest offered by VIL.

c.      “Eligible Products” shall mean all those prepaid recharge plans as specified below under the Offer details.

d.      “Eligible Subscriber” shall mean an Active Prepaid Subscriber of VIL who has availed the Offer. An Eligible Subscriber must also satisfy the following criteria at the time of availing and during continuation of Offer:– 

• Subscriber must be an Indian citizen belonging to any one of the cities / Circles of  VIL as mentioned herein

• Subscriber must not have been subject of any criminal proceeding

• Subscriber must not - be of an unsound mind.

• Subscriber must not be under any legal disability e.g. minority, insolvency, restraint by court order etc. and / or is otherwise prohibited from entering into any contractual relationship.

• Subscriber must be an existing customer of VIL. The new customers can use the recharge packs mentioned in table below as FRC and then complete the eligibility process for this Offer.

• Subscriber has to recharge any of the recharge packs as per table below during the Offer Period.

C.     OFFER DETAILS –   DESCRIPTION, ELIGIBLE PRODUCTS, STEPS AND RESTRICTIONS

1.       The Offer is available with recharge packs as mentioned in table below. The said recharge will provide benefit of Disney+Hotstar Mobile Subscription for 1 year or 3 months.   

The Offer provides Disney + Hotstar Mobile Subscription of NOVI DIGITAL ENTERTAINMENT PRIVATE LIMITED (hereinafter “Novi”) on one year or three months subscription basis to Eligible Subscribers (hereinafter “HOTSTAR Subscription”). The HOTSTAR Subscription expires after the period of one year or three months as the case may be, from the date of availing the service. Your use of the Hotstar Subscription will be governed by Hotstar terms and conditions.

In case of subsequent recharges as per table above during the validity of ongoing Hotstar Subscription, you will be eligible for telco benefits as well as the Hotstar Subscription benefits.

Hotstar Subscription gives access to contents on 1 screen (only on Mobile Phone).

If You are an existing Disney + Hotstar customer who has purchased Disney+Hotstar mobile subscription benefit from any source other than VIL and You, also purchase recharge pack mentioned in table above, then your existing Disney+Hotstar mobile subscription benefit will not lapse and You will get a parallel subscription from the date of purchase of recharge packs mentioned above.

The recharge of above mentioned packs once done will not be refunded.

2.      Offer Activation Steps:

1. Subscriber has to recharge with recharge packs mentioned in table above from any source.

2. Eligible Subscriber will get a confirmation SMS informing about the successful recharge.

3. The Disney+ Hotstar Mobile Pack sSubscription is activated in an automated manner post successful recharge by accepting the VIL terms and conditions link pushed to the customer via SMS, which will also contain link of Hotstar terms and conditions.

    

3.     Other conditions: 

In case of any temporary suspension of VIL’s service which may be due to various reasons such as loss of SIM, VIL may at its discretion decide to suspend the Hotstar Subscription.

Post completion of the Hotstar Subscription period, there will be no auto renewal of Hotstar Subscription.

You will continue to receive the benefit of Hotstar Subscription provided you continue to be Active prepaid Subscriber.

If You recharge with any other basic prepaid pack during the validity of the Hotstar Subscription, then there will be no change in the Hotstar Subscription benefit and You can continue enjoying the Hotstar Subscription benefit.

Vi reserves the right, at its sole discretion, to modify these Terms & Conditions or any part thereof at any time without prior notice, if so required in view of business exigencies and/or guidelines issued / amended by TRAI, Department of Telecom (DOT) and/or such other statutory agency that changes applicable to Vi, and the same shall be binding on the subscribers who have recharged under this offer.

The customer shall also be bound by the Novi’s terms and conditions for access to Disney+Hotstar Mobile Pack Content as available on its [www.hotstar.com/in/terms-of-use].

D.     OFFER PERIOD

This is a limited period Offer by VIL, from . September 2021 till (“Offer Period”). VIL reserves the right to extend or shorten the Offer Period, as it deems fit.

E.     OFFER AREA

a. The Offer is valid in all existing VIL telecom service areas. 

        i.          Notwithstanding the foregoing, if the operation of or availing the Offer is prohibited in any State and/or territory or part thereof as per applicable law, the Subscribers from such state and/or territory or part thereof shall not be eligible to subscribe to this Offer. No further notice shall be given by VIL in this regard.

F.      MODIFICATION OF OFFER 

1. VIL reserves the right, at their sole discretion, to modify these Terms & Conditions of the Offer or any part thereof at any time during the Offer Period and without prior notice to You, if so required in view of business exigencies and/or guidelines issued / amended by TRAI, Department of Telecom (DOT) and/or statutory changes and the same shall be binding on the Subscribers who have availed this Offer.

2. If VIL modifies these Terms & Conditions, the modified terms will be posted on www.myvi.in. You are therefore advised to check this Website regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended Terms and Conditions are not acceptable to You, You should avail this Offer. Your continued use of the Offer will constitute Your acceptance of the latest revised Terms and Conditions.

G.    WITHDRAWAL OF OFFER

1. VIL reserves the right to extend, cancel, discontinue, suspend or prematurely withdraw the Offer at any time during its validity as may be required in view of business exigencies and/or changes by TRAI, Department of Telecom (DOT) and/or statutory changes without any notice to You and the same shall be binding on the Subscribers who have availed this Offer.

G.    DISCLAIMERS

1. The Hotstar Subscription is a third party service, brought to You by NOVI DIGITAL ENTERTAINMENT PRIVATE LIMITED. VIL is only distributing the Hotstar Subscription among interested Eligible Subscribers of VIL.

2. You agree that VIL is not the owner of Hotstar Subscription and has no control or editorial rights over Disney+Hotstar content. VIL is only making available the Hotstar Subscription service to its subscribers and therefore, shall not be responsible for any defect, non-performance, quality of content, or application / service issues related to Hotstar Subscription service. All such issues or disputes will be directly settled between You and Novi. No such complaint or request will be entertained by VIL.

3. VIL makes no guarantee, warranty or representation regarding the merchantability or fitness of the Hotstar Subscription for any purpose. Further, no guarantee, warranty or representation is made as to the Hotstar Subscription being error free or continuously available. Consequently, VIL shall not be liable for any claim regarding the availability (or lack thereof) of the Hotstar Subscription or its application.

4. The employees of VIL and their group companies, affiliate or associate companies shall not be eligible to participate in the Offer.

5. You agree that this Offer is being made purely on a “best endeavour” basis and subject to acceptance of these Terms and Conditions. Your availing this Offer is voluntary and You expressly agree to avail the Offer at your sole risk. VIL shall not be responsible for any loss, injury or any other liability to any Subscriber arising due to the Offer.

6. VIL makes no representation or warranty of any kind whatsoever, whether express or implied, including, but not limited to, meeting of Your requirements or aspirations, timeliness, security of the Offer and/or any delay or failure to avail the Offer including due to technical or network problems. To the extent you choose to avail this Offer, you do so at your own initiative and You shall remain responsible for compliance with the Terms and Conditions herein, any applicable laws, including but not limited to applicable local laws. You agree not to hold VIL, its officers, directors, employees, affiliates, and agents or representatives liable for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the You or any person or third party, in connection with the Offer or arising otherwise.

7. VIL reserves the right to change, suspend, remove, extend or disable access to the Offer at any time without notice. In no event will VIL be liable for the removal of or disabling of access to the Offer. VIL may also impose limits on the use of or access to the Offer, in any case and without notice or liability. Under this Offer, VIL’s responsibility shall only be limited in providing Telecom Service on VIL’s network for Eligible Subscribers availing this Offer.

8. Any claims, issues, damages or losses with regards to the quality or functionality of the Offer benefits, will be the sole liability of NOVI DIGITAL ENTERTAINMENT PRIVATE LIMITED. VIL will not have any responsibility related to the same and will not entertain any query or complaint of the Subscribers.

9. You shall indemnify and keep indemnified VIL, its officers, directors, employees, customers, affiliates and agents or representatives harmless from and against any and all actual claims, suits, proceedings, action, liabilities, expenses, costs (including attorney’s fees and court costs), losses or damages of whatsoever nature, which VIL may incur, pay or become responsible arising out of or in connection with the Your breach of these Terms and Conditions. VIL shall have the right to defend themselves, pursuant to this clause, at the cost of the Subscriber in breach.

10. VIL shall not be responsible for any claims arising out of technical failures before, during or after the completion of the Offer including but not limited to any technical failures in the mobile connectivity, internet connectivity. Further, VIL shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of VIL.

I.       GENERAL

1. This Offer cannot be used in conjunction with any other alternative offer or promotion of a similar nature.

2. The provisions of this Offer may not be used for any commercial purpose by the Customer. VIL reserves the right to take back the Offer if it detects any fraudulent usage, or misuse of the service/promotional benefit.

3. By availing this Offer, You confirm and waive the applicability of rules and regulations of the National Do Not Call registry and You agree to receive promotional messages and alerts under the current Offer and upcoming offers from VIL, as it may in its sole and absolute discretion decide.

4. This Offer is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of VIL.

   e.      The Subscriber shall also be bound by the terms and conditions of the Customer Application Form as amended from time to time.

5. This Offer is subject to guidelines/directions issued by Telecom Regulatory Authority of India (TRAI), Department of Telecommunications (DOT) or any other statutory authority from time to time.

6. The Terms and Conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form/Customer Application Form.

7. Failure by VIL to enforce any of the Terms and Conditions in any instance shall not be deemed to be a waiver of those Terms and Conditions and shall not give rise to any claim by any person.

8. Subscriber may contact the customer care regarding any queries, complaints, disputes pertaining to the Offer.

9. You hereby consent VIL to collect your mobile number and share with Novi so as to enable to attach the Offer benefits to You. Your personal information collected by VIL will be stored and processed in accordance with VIL Privacy Policy which is available at https://www.myvi.in/privacy-policy.

10. You agree that VIL has no responsibility and liability with regard to the privacy, safety and security of any information (including personal information) that You may have to share independently with third party content providers for availing relevant contents.

11. By availing Offer, You confirm to abide by all intellectual and industrial property rights, including copyrights or trademarks belonging to VIL and to any third party content licensor to VIL that is made available through the Offer.

12. These Terms and Conditions are governed in accordance with the laws of India. In the event of any disputes or any matter arising here from will be referred to a sole Arbitrator to be appointed by VIL whose decision shall be final and binding on the parties. The place of Arbitration shall be Mumbai.

TERMS AND CONDITIONS GOVERNING THE OFFER “DISNEY+ HOTSTAR MOBILE SUBSCRIPTION OFFER”

A.     INTRODUCTION

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THE FOLLOWING TERMS & CONDITIONS SHALL BE APPLICABLE TO THE POSTPAID SUBSCRIBERS OF VODAFONE IDEA LIMITED (“VODAFONE IDEA/VIL/Vi”) AVAILING SPECIFIC POST-PAID PLANS AS MENTIONED UNDER THE OFFER DETAILS AND AVAILING THE BENEFIT KNOWN AS “DISNEY+ HOTSTAR MOBILE SUBSCRIPTION” (HEREINAFTER “OFFER”) DURING THE OFFER PERIOD AS MENTIONED HEREIN.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE AVAILING THIS OFFER.BY AVAILING THIS OFFER, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS (“VIL TERMS AND CONDITIONS/VIL T&C”).

FOR THE PURPOSES OF THESE TERMS AND CONDITIONS, WHEREVER THE CONTEXT SO REQUIRES “YOU” OR “YOUR” SHALL MEAN ANY NATURAL PERSON WHO BEING AN ELIGIBLE SUBSCRIBER HAS AVAILED THIS OFFER.

BY AVAILING THE HOTSTAR MOBILE SUBSCRIPTION, YOU CONSENT TO VIL T&C. FURTHER, YOU CONSENT TO AND WILL BE GOVERNED BY HOTSTAR TERMS AND CONDITIONS AVAILABLE AT https://www.hotstar.com/in/terms-of-use WHICH ARE INDEPENDENT OF VIL T&C. BY AVAILING THE OFFER, THE CUSTOMER AGREES THAT THE CUSTOMER HAS GONE THROUGH VIL T&C AND DISNEY+ HOTSTAR TERMS AT https://www.hotstar.com/in/terms-of-use AND AGREES TO THE SAME.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT AVAIL THIS OFFER.

B.     DEFINITIONS

a.      “Subscriber” shall mean the rightful user of the VIL mobile connection who is on post-paid subscription, in whose name the mobile phone number (MSISDN) is registered with VIL. 

b.      “Active Subscriber” shall mean a Subscriber who uses the Subscriber Identity Module (“SIM”) of VIL on a regular basis for purposes other than to participate in any offer or contest offered by VIL.

c.       “Eligible Products” shall mean all those post-paid plans as specified below under the Offer  details.

d.      “Eligible Subscriber” shall mean an Active post-paid Subscriber of VIL who has availed the Offer. An Eligible Subscriber must also satisfy the following criteria at the time of availing and during continuation of Offer:– 

• Subscriber must be an Indian citizen belonging to any one of the cities / Circles of  VIL as mentioned herein

• Subscriber must not have been subject of any criminal proceeding

• Subscriber must not - be of an unsound mind

• Subscriber must not be under any legal disability e.g. minority, insolvency, restraint by court order etc. and / or is otherwise prohibited from entering into any contractual relationship

• Subscriber must be an existing customer of VIL. The new customers can use the post-paid packs mentioned in table below and then complete the eligibility process for this Offer.

• Subscriber has to avail the post-paid plans as per table below during the Offer Period.

C.      OFFER DETAILS –   DESCRIPTION, ELIGIBLE PRODUCTS, STEPS AND RESTRICTIONS

1. The Offer is available as inbuilt into/bundled with certain post-paid plans (at no extra cost) or as add-on packs as mentioned in table below. The said plans/pack will provide Hotstar Mobile Subscription benefit for 12 months. The said add-on pack provides for 20GB additional data. In case of add-on pack, the Hotstar Mobile Subscription will be charged in your Vi postpaid bill.

2. The Offer provides DISNEY+ Hotstar Mobile Subscription (hereinafter “Hotstar Subscription”) of NOVI DIGITAL ENTERTAINMENT PRIVATE LIMITED (hereinafter “Novi”) - on annual subscription basis to Eligible Subscribers. The Hotstar Subscription expires after the period of one year from the date of claiming the service. Your use of the Hotstar Subscription will be governed by Hotstar terms and conditions.

3. Hotstar Subscription offer is for 12 months which can be availed only once on a Vi post-paid mobile number during the 12 months duration.

4. There is no auto-renewal of Hotstar Subscription. However, You will be able to renew the Hotstar Subscription through Vi app by purchasing the add-on pack post completion of the initial claim benefit period of 12 months.

5. If You are an existing Disney + Hotstar customer who has subscribed to Hotstar subscription benefit from any source other than VIL and You also subscribe to the plans/buy the add-on packs mentioned in table below and claim the Hotstar Subscription, then your existing Hotstar subscription benefit will lapse and You will get only one Hotstar Subscription of 12 months from the date of claiming through Vi postpaid.

6. Hotstar Subscription gives access to HD content on 1 screen (only on Mobile Phone).

7. Hotstar Subscription once activated cannot be cancelled. The charges of add-on pack once purchased will not be refunded.

Table – List of Postpaid plans and add-on packs for Disney+ Hotstar Mobile Subscription Offer

1.      Offer Activation Steps:

1. Eligible Subscriber has to go to Vi App and click on the Disney+ Hotstar card within the plan benefits (bundled) section or add-on section (add-on packs) as applicable to claim/activate the benefit.

2. Post agreeing to the VIL T&Cs, i.e. after taking consent from the Subscriber for sharing the Subscriber’s mobile number with Novi for activation of Hotstar Subscription and post accepting the Novi T&Cs, the Hotstar Subscription is activated in an automated manner.

3. Eligible Subscriber will get a confirmation SMS informing about the successful activation of the Disney+ Hotstar services and the same can be accessed from the date of such activation.

2.      Other conditions:   

1. In case of any temporary suspension of VIL’s service which may be due to various reasons such as loss of SIM, VIL may at its discretion decide to suspend the Disney+ Hotstar service.

2. Vi reserves the right, at its sole discretion, to modify these Terms & Conditions or any part thereof at any time without prior notice, if so required in view of business exigencies and/or guidelines issued / amended by TRAI, Department of Telecom (DOT) and/or such other statutory agency that changes applicable to Vi, and the same shall be binding on the subscribers who have activated this offer.

3. The customer shall also be bound by the Novi’s terms and conditions for access to Disney+ Hotstar Content as available on its [www.hotstar.com/in/terms-of-use].

D.     OFFER PERIOD

Hotstar Subscription will be available from September 2021 till  2023. From the date of activation, the Offer benefit will be available for a period of 12 months.

This is a limited period Offer by VIL, and can be extended at the sole discretion of VIL  (“Offer Period”). VIL reserves the right to extend or shorten the Offer Period, as it deems fit.

E.      OFFER AREA

1. The Offer is valid in   all existing VIL telecom service areas.

2. Notwithstanding the foregoing, if the operation of or availing the Offer is prohibited in any State and/or territory or part thereof as per applicable law, the Subscribers from such state and/or territory or part thereof shall not be eligible to avail this Offer. No further notice shall be given by VIL in this regard.

F.       MODIFICATION OF OFFER

1. VIL reserves the right, at their sole discretion, to modify these Terms & Conditions of the Offer or any part thereof at any time during the Offer Period and without prior notice to You, if so required in view of business exigencies and/or guidelines issued / amended by TRAI, Department of Telecom (DOT) and/or statutory changes and the same shall be binding on the Subscribers availing this Offer.

2. If VIL modifies these Terms, the modified terms will be posted on www.myvi.in. You are therefore advised to check this Website regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended Terms and Conditions are not acceptable to You, You should discontinue in availing the Offer. If you continue to avail the Offer, it will be constituted as Your acceptance of the latest revised Terms and Conditions.

G.     WITHDRAWAL OF OFFER

1. VIL reserves the right to extend, cancel, discontinue, suspend or prematurely withdraw the Offer at any time during its validity as may be required in view of business exigencies and/or changes by TRAI, Department of Telecom (DOT) and/or statutory changes without any notice to You and the same shall be binding on the Subscribers availing this Offer.

H.     DISCLAIMERS

1. The Disney+ Hotstar service is a third party service, brought to You by NOVI DIGITAL ENTERTAINMENT PRIVATE LIMITED. VIL is only distributing the Disney+ Hotstar service among interested Eligible Subscribers of VIL.

2. You agree that VIL is not the owner of Disney+ Hotstar service and has no control or editorial rights over Disney+ Hotstar content. VIL is only making available the Disney+ Hotstar service to its subscribers and therefore, shall not be responsible for any defect, non-performance, quality of content, or application / service issues related to Disney+ Hotstar service. All such issues or disputes will be directly settled between You and Novi. No such complaint or request will be entertained by VIL.

3. VIL makes no guarantee, warranty or representation regarding the merchantability or fitness of the Disney+ Hotstar service for any purpose. Further, no guarantee, warranty or representation is made as to the Disney+ Hotstar service being error free or continuously available. Consequently, VIL shall not be liable for any claim regarding the availability (or lack thereof) of the Disney+ Hotstar service or its application.

4. The benefits under this Offer are non-transferable. No exchange or redemption for an equivalent cash amount or in any other form shall be allowed

5. You agree that this Offer is being made purely on a “best endeavour” basis and subject to acceptance of these Terms and Conditions. Your availing this Offer is voluntary and You expressly agree to avail the Offer at your sole risk. VIL shall not be responsible for any loss, injury or any other liability to any Subscriber arising due to availing the Offer.

6. VIL makes no representation or warranty of any kind whatsoever, whether express or implied, including, but not limited to, meeting of Your requirements or aspirations, timeliness, security of the Offer and/or any delay or failure to avail the Offer including due to technical or network problems. To the extent you choose to avail this Offer, you do so at your own initiative and You shall remain responsible for compliance with the Terms and Conditions herein, any applicable laws, including but not limited to applicable local laws. You agree not to hold VIL, its officers, directors, employees, affiliates, and agents or representatives liable for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by You or any participant or third party, in connection with the Offer or arising otherwise.

7. VIL reserves the right to change, suspend, remove, extend or disable access to the Offer at any time without notice. In no event will VIL be liable for the removal of or disabling of access to the Offer. VIL may also impose limits on the use of or access to the Offer, in any case and without notice or liability. Under this Offer, VIL’s responsibility shall only be limited in providing Telecom Service on VIL’s network for Eligible Subscribers availing this Offer.

8. Any claims, issues, damages or losses with regards to the quality or functionality of the benefits available under this Offer will be the sole liability of Novi providing such benefits. VIL will not have any responsibility related to the same and will not entertain any query or complaint of the Subscribers.

9. You shall indemnify and keep indemnified VIL, its officers, directors, employees, customers, affiliates and agents or representatives harmless from and against any and all actual claims, suits, proceedings, action, liabilities, expenses, costs (including attorney’s fees and court costs), losses or damages of whatsoever nature, which VIL may incur, pay or become responsible arising out of or in connection with the Your breach of these Terms and Conditions. VIL shall have the right to defend themselves, pursuant to this clause, at the cost of the Subscriber in breach.

10. VIL shall not be responsible for any claims arising out of technical failures before, during or after availing the Offer including but not limited to any technical failures in the mobile connectivity, internet connectivity. Further, VIL shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of VIL.

I.       GENERAL

1. This Offer cannot be used in conjunction with any other alternative offer or promotion of a similar nature.

2. The provisions of this Offer may not be used for any commercial purpose by the Customer. VIL reserves the right to take back the Offer if it detects any fraudulent usage, or misuse of the service/promotional benefit.

3. By availing this Offer, You confirm and waive the applicability of rules and regulations of the National Do Not Call registry and You agree to receive promotional messages and alerts under the current Offer and upcoming offers from VIL, as it may in its sole and absolute discretion decide.

4. This Offer is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of VIL.

5. The Subscriber shall also be bound by the terms and conditions of the Customer Application Form as amended from time to time.

6. This Offer is subject to guidelines/directions issued by Telecom Regulatory Authority of India (TRAI), Department of Telecommunications (DOT) or any other statutory authority from time to time.

7. The Terms and Conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form/Customer Application Form.

8. Failure by VIL to enforce any of the Terms and Conditions in any instance shall not be deemed to be a waiver of those Terms and Conditions and shall not give rise to any claim by any person.

9. Subscriber may contact the customer care regarding any queries, complaints, disputes pertaining to the Offer.

10. You hereby consent VIL to collect your mobile number and share with Novi so as to enable to attach the Offer benefits to You. Your personal information collected by VIL will be stored and processed in accordance with VIL Privacy Policy which is available at https://www.myvi.in/privacy-policy”

11. You agree that VIL has no responsibility and liability with regard to the privacy, safety and security of any information (including personal information) that You may have to share independently with third party content providers for availing relevant benefits.

12. By availing this Offer, You confirm to abide by all intellectual and industrial property rights, including copyrights or trademarks belonging to VIL and to any third party content licensor to VIL that is made available through the Offer.

13. These Terms and Conditions are governed in accordance with the laws of India. In the event of any disputes or any matter arising here from will be referred to a sole Arbitrator to be appointed by VIL whose decision shall be final and binding on the parties. The place of Arbitration shall be Mumbai.