Watch India TV (W.I.TV) Ltd. - Terms of Use & Privacy Policy, July 2011
LICENSE AGREEMENT
1. Watch India TV (W.I.TV) Ltd. ("Watch India TV" or "we") 24, Lord Byron Str. Lamanco Court,2nd floor, Office 205 P.C. 6023, Larnaca, Cyprus. 357 24 654847, grants you a license to view and use the particular channel / package of channels to which you have subscribed and/or the downloadable content you have purchased (collectively, the "Content"), according to the plan for which you have subscribed. Payment for the Content will be made on a recurring basis according to the timeframe selected upon signup. You will automatically be charged the recurring subscriber fee until you cancel your subscription or until your subscription is cancelled by Watch India TV
2. Copyright. The Site Content and Site Code are owned by Watch India TV and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Unless expressly permitted elsewhere in the Site by Watch India TV, you shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Any rights not expressly granted to you are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
3. Trademark. "WatchIndia" and "LiveAsia" are trademarks and service marks belonging to Watch India TV and/or related companies. Any product, service, or trade name other than those owned by Watch India TV that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the Watch India TV Marks is strictly prohibited.
USE OF THE SITE, GENERAL TERMS
1. License. Watch India TV grants you a non-exclusive, non-transferable limited right and license to access and use this Site, and view the Content subscribed to or purchased by you over the Internet at any given time, according to the viewing package you chose, and in strict conformity with these Terms of Use. You may not publicly display any portion of the Site, or any films or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind Watch India TV to such a contractual arrangement. Any other use or exploitation of this Site, including the Site Content or Site Code, is strictly prohibited.
2. Fee-Based Service Charges. The Content on the Site is available on a recurring subscriber fee basis (i.e., all packages are set for automatic recurring renewal); the timeframe of the recurring billing period will be selected upon signup to the service. These services are sometimes referred to herein as the "Fee-Based Services" or "Subscription Fee Services". Payment of a recurring subscription fee entitles you to watch the applicable channel(s)/package during the applicable billing period on your TV-Box/PC or both, according to the plan selected and paid for.
3. Using a valid credit card or PayPal account which Watch India TV accepts, you agree to pay the subscription plan and/or download charges set forth on the Site, applicable taxes, and any other charges that may be incurred on your account in order to access these services. Watch India TV reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. Watch India TV will automatically charge your account for renewal of your recurring subscription. The renewal charge will be according to the base price currently advertised on site unless your subscription terms state otherwise (see section 3 for Terms Relating to Subscription for more details). In the event Watch India TV cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services.
3.1 In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including (but) without limitation (to) all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
3.2 WatchIndia.TV will charge additional taxes, including VAT, according to the regulations governing the laws of Cyprus. Any taxes that are required will be added to the subscription price and will be explicitly mentioned prior to the charge
4. Non-Commercial/Personal Use Limitation. Watch India TV grants you this license for the limited purpose of personal use only, and not for any commercial purpose. No business entity (e.g. corporation, partnership, sole proprietorship) is licensed to use this Site, without prior written permission. You hereby agree not to use the Site, the materials, or any element or portion thereof including, without limitation, e-mail addresses of users, for any commercial purpose whatsoever. For enterprise use, please contact our customer support team at: customersupport@watchindia.tv
5. Nature of Services. Watch India TV offers its Site services for entertainment purposes only. Watch India TV does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, Watch India TV is not responsible for errors in or omissions from the information contained or accessed through the Site. All information and content on the Site are provided on an "as is" and as available basis without warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
6. Nature of Content. Watch India TV offers video and audio content of various types including, but not limited to, sports, news, drama, etc. Watch India TV does not warrant that all content is appropriate for all age viewers. Minors should only access this Site with parental permission.
7. Free Trial Period. Watch India TV may, from time to time and at its sole discretion, offer a free trial period ("Free Trial"). The length of the Free Trial will be decided by Watch India TV and will be published on the Site so that it is known to all. During the Free Trial you will have access to certain channels, which shall be made available at Watch India TV’s own discretion, free of charge, subject to the following:
a. You agree to submit Watch India TV with your valid phone number, and any other personal information requested for this purpose. The Free Period will commence on the day and time you have submitted Watch India TV with the aforesaid information ("Commencement Date").
b. You agree that upon completion of the Free Trial Watch India TV shall deactivate access to the site. Any subsequent signups on the site will be charged according to the plan & package chosen.
c. Watch India TV grants customers, at its discretion, a Free Trial in order to test the streaming quality and the content that the customer will receive when viewing the Service in his/her home environment.
d. Customer’s use of the Free Trial is also given to assess the streaming quality that will be available when using a WatchIndia TV-Box to view the Service. The streaming quality received on the PC is the same streaming quality customer will receive when viewing on a TV-Box purchased from Watch India TV
8. Username/Password. Watch India TV may issue you a username and/or password for the purpose of accessing the Content or certain portions thereof, or services provided via the Site. You shall hold and secure any such username and/or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other person access to or use of such username and/or password. Watch India TV shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
9. Use of coupons
a. Coupon values are as specified on the coupon
b. Limit of one coupon per subscription
c. Coupons are intended for single use only
d. Coupons are redeemable only on the
ww.watchindia.tv web site
e. A coupon cannot be used to pay for taxes, shipping and handling or other charges
f. Each coupon is valid for a limited time only; date of expiry is noted on the coupon
g. Coupons are not for resale and are not redeemable for cash
h. A coupon cannot be applied to orders already placed with WATCHINDIA.TV
i. If a coupon is used and your entire order is cancelled or rejected; if you return all items in your order, you will be refunded the actual amount paid and your coupon will no longer be valid
TERMS RELATING TO SUBSCRIPTION AND PURCHASES
1. Terms relating to Subscription offerings.
- Our Subscription offerings are available at different prices, as presented on our website, and updated from time to time. We reserve the right to change those prices at any time. In any event, whatever the price, it will always be clearly marked on the subscription page for the channel/package/downloadable content and clearly marked when you enter your credit card information.
- A valid credit card is required to pay for the plans, Content and TV-Box. The fees will be charged only when you submit the credit card information to us.
- Once you subscribe to a particular channel/package, you're not limited to watching it on one device (TV-Box or computer), but you are limited to watching it on one device at a time.. We do, however, reserve the right to change that policy at any time and from time-to-time.
2. Terms relating to our Subscription Service.
- In order to subscribe to our subscription service you will need to enter your credit card information or a valid PayPal account. The subscriptions are set to automatic recurring charges so that service is not interrupted. YOU WILL CONTINUE TO BE CHARGED FOR THE SUBSCRIPTION WITH EACH RENEWED BILLING CYCLE UNTIL YOU REQUEST TO STOP THE SUBSCRIPTION (or until we decide to stop, whichever comes first).
- If you decide at some point that you want to cancel your subscription, you must request to cancel by contacting our Customer Support, contact details are listed on the site.
Subscribers to monthly plans may tell us to do so by giving 5 days’ notice.
Subscribers to multiple-month (i.e. Yearly) plans must give 14 days’ notice when requesting account cancellation.
- Please note that once you cancel your monthly subscription, it will not actually expire until your next billing cycle. Watch India TV will not provide you with a refund for the current cycle. What this means is, once we have charged you for a billing cycle this cycle cannot be cancelled and you will have access to the subscription for the full duration of this cycle. This also applies in cases where you were charged within 5 days of giving notice of the cancellation. Of course, once you cancel, you can re-subscribe at any time. When a multiple-month (i.e. Yearly) subscription is cancelled, the subscription will be broken down into monthly increments, according to the date of subscription, and closed at the end of the month in which the subscription was canceled. For example, if a 1-year subscription was purchased on the 5th of January & is cancelled on the 20th of February, it will be closed at the end of that subscription month which is the 5th of March.
- Once you subscribe to our channel(s)/package, we will bill your credit card or Pay Pal account on the same date at the beginning of each new billing cycle (the "Payment Date"). For example, if you subscribe for a monthly subscription on May 15, we will bill your credit card on May 15 and again on June 15 and again on July 15 and so on. If the date on which you subscribed does not exist in certain future months/years, for instance, if you subscribe on January 31, what happens in February and April? We will bill your credit card on the closest available day. So, in the above example, we would bill your credit card not on February 31 but on February 28 and, not on April 31 but on April 30.
Should you elect to cancel your subscription and then re-subscribe at a later date, that later date will be your new Payment Date.
3. Terms Relating to Refunds
- Watch India TV does not provide refunds on monthly subscription fees and/or download fees already paid. You may request a Free Trial option for the Watch India TV Site to assess the quality of your viewing experience before subscribing to any plans or purchasing any downloadable content.
- With respect to multiple-month (i.e. Yearly) subscriptions, if you choose to cancel your subscription you will be charged for the number of months that were used. We will break down the yearly subscription into monthly increments and you will be charged the pro-rated amount for the full calendar months used.
- Devices that have been purchased free of charge as a promotion are non-refundable. When cancelling a subscription before the committed timeframe has been completed, the list price of the device and the Shipping & Handling charges will be charged in full.
- Plans that have been purchased at a discount based on a time-limited commitment, and are cancelled before that commitment is completed, will be refunded according to calculation based on the full list price at the time of purchase.
Such plans that included a TV-Box for free or a discount will revert to the list price of the TV-Box and Shipping & Handling charges. These charges are non-refundable and will be charged in full whereas the subscription charges will be refunded on a pro-rated basis, according to the list price at the time of purchase. Shipping & Handling charges will be based per region:
USA & Canada - $30
Europe - $65
APAC - $70
Any other region - $95
For example: Customer purchased a Mega Pack at $29.99 per month with a 1-year commitment and received a TV-Box for 100% discount on the list price of $99.99. Total amount paid was $359.88 while full value price was $459.87 Shipping & Handling. Customer requested to cancel after 6 months of service.
Calculation: [price paid] $359.88 – [TV-Box S&H, in USA for example] $99.99 $30 = $229.89. From this amount we will deduct 6 months charged at $29.99 = $179.94. Final credit: $229.89 - $179.94 = $49.95
4. Terms Relating to Purchase of WatchIndia TV-Box
- The WatchIndia TV-Box will be charged immediately upon purchase.
Additional charges include:
Shipping & Handling – pricing is stated clearly on the site and is notified before purchase.
Prices do not include VAT and duties. These may be charged upon delivery of your TV-Box, according to your country’s import and tax regulations.
- Delivery Time: You will receive your TV-box within 21 business days from the date of order. This time is used for world-wide processing and delivery of orders.
- Return Policy: We have a 7-day return policy. The TV-Box must be returned unopened within 7 days of receipt. If these conditions are fulfilled we will refund the price of the TV-Box. (We do not refund Shipping & Handling fees.)
You will be responsible to ship the device back to us and we will grant the refund upon verification of the conditions.
Returns should be sent to:
Live Asia C/O Unigraphic Inc
110 Commerce Way
Woburn, MA 01801
USA
- Warranty: We grant a 1-year warranty for parts and labor.
WatchIndia.TV will fix or replace a device that is within this warranty. Replacement of a device will be granted so long as all parts of the non-working TV-Box are returned to the company.
- Cancellation of TV-Box orders:
If an order is cancelled we will charge a Cancellation & Processing fee of $20.
In the event that the TV-Box has not yet been shipped from the warehouse, there will be no additional charges and the remaining sum will be refunded to the Credit Card.
If the TV-Box has already been shipped from the warehouse, customer will be charged for Shipping & Handling as well as the cancellation fee.
Shipping & Handling charges will be based per region:
USA & Canada - $30
Europe - $65
APAC - $70
Any other region - $95
- Purchases made through a 3rd party: Purchase of a package and plan can be made through a 3rd party reselling the WatchIndia.TV services, when this 3rd party has been authorized to do so by WatchIndia.TV.
a. Refunds issued to customers who purchased through a 3rd party will be made only to a Credit Card or PayPal; refunds will not be issued by WatchIndia TV In cash, even if payments to such 3rd party were made in cash.
b. Subscription activation – the subscription will start upon activation by customer.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
1. As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. Watch India TV does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to Watch India TV will not be stolen or otherwise surreptitiously obtained. Watch India TV is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the materials contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that may be caused due to any such breach in security. Pursuant to these Terms of Use, Watch India TV expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be solely responsible for all charges related thereto and operations thereof.
Watch India TV hereby acknowledges that, as the owner of the site, it will take all necessary steps to ensure that the data on site is collected, archived and used, and that all users are communicated with, in accordance with the terms of the Ontario Personal Information Protection and Electronic Documents Act, as amended, or any similar legislation in any jurisdiction in which WatchIndia.TV is resident.
2. Neither WatchIndia.TV nor any provider of content for the site or their respective agents warrant that the site will be uninterrupted or error free, free from viruses or security breaches; nor does Watch India TV, any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site. The site content is not guaranteed to be accurate, timely or verified. The Site and the Site's content are distributed on an "as is" and "as available" basis. Watch India TV and its agents do not make any warranties of any kind, either express or implied, including, without limitation, warranties of title or warranties of merchantability or fitness for a particular purpose, with respect to the site, any content, or any goods or services sold through the site. You expressly agree that the entire risk as to the quality and performance of the site and the accuracy or completeness of the content or data made available via the Site is assumed solely by you.
3. Neither WatchIndia.TV nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Site.
4. Without waiving the exclusive governing law clause below, some jurisdictions do not allow exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of WatchIndia.TV, third party content providers, and their respective agents shall be limited to the greatest extent permitted by law.
5. 3rd Party Liability: WatchIndia TV is not liable for information regarding the service which is provided by a 3rd party reseller such as an affiliate or distributor of the service. WatchIndia TV provides the accurate information regarding the Services on the Site and any deviation from this information is not supported by WatchIndia TV.
6. Links to Other Web Sites. WatchIndia.TV makes no representation whatsoever regarding the content of any other web sites which you may access from the Watch India TV web Site. When you access a web site other than the Site, please understand that it is independent from Watch India TV and that Watch India TV has no control over the content on that web site. A link to a web site other than the Site does not mean that Watch India TV endorses or accepts any responsibility for the content or use of such web site.
7. Termination. In addition to any other rights of the parties set forth herein, either you or Watch India TV may cancel or terminate this Agreement at any time. Watch India TV also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If Watch India TV terminates this Agreement based on a breach of any portion of this Agreement, Watch India TV reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.
MISCELLANEOUS
1. Notices. Notices by Watch India TV to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms of Use as follows:
- Electronic mail (e-mail) must be sent to: customersupport@watchindia.tv
- Mail and courier deliveries must be sent to: Watch India TV (W.I. TV) Ltd., 24 Lord Byron St. Lamanco Court, 2nd floor, Office 205 P.C. 6023, Larnaca, Cyprus.
2. Governing Law and Jurisdiction. These Terms of Use are governed by the laws of the Republic of Cyprus, without regards to the conflict of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of the courts in Nicosia, Cyprus in any and all claims or disputes arising out of or otherwise relating to these Terms of Use or this Site.
3. Full Integration. These Terms of Use constitute the entire agreement between you and Watch India TV related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between you and WatchIndia.TV relating to this Site.
4. Written Agreement. These Terms of Use constitute a written agreement between you and Watch India TV. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
5. Watch India TV makes no representation or warranty that the materials in this Site are legal, appropriate or available for use in all geographic locations. Those who choose to access this Site do so at their own risk and are responsible for compliance with any and all applicable local laws.
6. Electronic Form of Agreement. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
7. Modifications. Watch India TV has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Watch India TV in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions. Watch India TV has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. Watch India TV may also impose limits on certain features and services or restrict your access to parts or all of the Watch India TV Site without notice or liability.
PRIVACY POLICY
1. Watch India TV respects our subscribers' rights to privacy online and will not share, sell or otherwise distribute your information to any third party without your prior consent. In order to process client requests with minimum delay, Watch India TV may request personal information from you. Any information you provide to Watch India TV, including your name, address, telephone number and e-mail address will only be used internally by Watch India TV to process your membership, support requests and provide you with the best customer support.
2. We do not sell, trade, or rent your information, both personally identifiable and aggregate data, to any parties outside of Watch India TV. Your name and other personal information are only used to correspond with you.
3. During the signup process Watch India TV collects user's email addresses and reserves the right to send commercial emails to all registered users.
a. Customers may choose not to receive these emails by unclicking the agreement during the signup process.
b. Users may unsubscribe from mailings whenever they choose to by clicking the 'unsubscribe" link at the bottom of the email they've received.
4. Financial information that is collected is used only to check the users' qualifications for registration and to bill the user for products and services.
5. We use the IP address of Consumers to help diagnose problems with our server and to administer our Site. We use the IP address of Consumers to help identify their shopping cart.
6. We use cookies to keep track of shopping cart contents and/or referral information. "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. We use cookies to let you use our site easily and to let us keep track of certain statistical information that helps us improve the services available. You may set most browsers to notify you if you receive a cookie or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Site.
7. You may choose whether or not to provide personal information to Watch India TV. The notice we intend to provide on the Site where Watch India TV collects personal information should help you to make this choice. If you choose not to provide the personal information we request, you can still visit some of Watch India TV Site, but you may be unable to access certain options, offers and services that involve our interaction with you.
8. By using this web site, you consent to the terms of our Privacy Policy and to Watch India TV’s processing of personal information for the purposes set forth above. Should the Privacy Policy change, we intend to take every reasonable step to ensure that these changes are brought to your attention by posting all changes prominently on our Site for a reasonable period of time.
SECURITY POLICY
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Security of information in transit to and from our web site is encrypted using SSL encryption protocols. We store all user information in secure databases protected via a variety of access controls as well as using encryption of sensitive information. This data is accessed only for the purposes specified in this privacy statement. Our secure server software is industry standard for secure e-commerce transactions. It encrypts all of your personal information including name, address, and credit card number, effectively locking off access as the information travels over the Internet. All customer credit cards are encrypted in our database.
CHILDREN
We do not solicit or knowingly accept information from persons under the age of 18.
YOUR RESPONSIBILITY
As a customer of Watch India TV you may be provided with a unique identifier such as a username and password which is intended to authenticate your identity when accessing our systems. Such identifying items are intended to be secret and to be known, possessed, and used only by you. The effectiveness of these mechanisms for authenticating your identity are dependent upon your keeping them in your exclusive possession and upon your protecting them from the discovery, access, or possession of others. If you fail to keep such identifying information in your exclusive possession (i.e., you allow others to have knowledge or possession of your password or pin), you may bear responsibility for the actions of other persons who use this information in accessing our systems.
Should you become aware or have reason to suspect that a personal identifier has been lost or has been disclosed to someone other than yourself, you should immediately notify Watch India TV support at customersupport@watchindia.tv
Contacting Watch India TV
If you have any questions about these Terms & Conditions and privacy statement, the practices of this site, or your dealings with this Site, you should contact: customersupport@watchindia.tv
Last updated July 2011
Version 1.01