The Services may be used only by Users(as defined below) who are lawful owners of, or, at the responsibility of such owners, have permission of the owners (a) Using the Services and devices (defined below) and (b) for making payments, if any, in relation to or for use of the Services.
- Affiliate(s) means any entity that is Controlling, Controlled by, or is under the common Control with that entity. Control means the power to direct or cause the direction of management and policies of an entity, either directly or indirectly, whether through direct or indirect ownership, voting rights, contract or otherwise. 'Controlling', 'Common Control' and 'Controlled by' will be construed accordingly.
- Application means the Google Action skill that is available on the Company’s Set Top box, which allows Users to sync with and enjoy the convenience of Google Home Actions while using the Services.
- Channel(s) means a third party branded channel as part of the Service through which a User may access the Content available on the Channel.
- Contaminant means a virus, worm, trojan, time bomb, contaminant, or disabling or malicious code, files or programs.
- Content means all audio or audio-visual content (including metadata) that is made available to Users through the Application as part of the Service on the respective third party Channels.
- Device means the Set Top Box, Remote and incidental equipments provided by Company to you for availing the Service.
- Marks means any proprietary logo, branding, name, trademark and other marks.
- Personally Identifiable Data means any sensitive personal data or any other information that can be used to identify the User when combined with any other information available with Airtel.
- Proprietary Materials means the Service, Application, Channels, Content and Airtel's or any third party's Marks.
- Unique Identifiers will have the meaning specified in Article 5.1.
2. Requirements and Restrictions
A. Registration- To avail the Service through the Application you may need to download Google Home on your mobile phone or tablet and create an account, which may involve (without limitation): (a) setting up a Google Home profile, (b) providing your, name, email, mobile number gender and location, (c) creating a username and password, (d) providing your Financial Information (e) providing other data and information that Company may require for User registration on the Application, and (f) receiving and entering one-time passwords. You must ensure that all information you provide in connection with the foregoing is correct and accurate, and you will be solely responsible for the protection and confidentiality of your username, password and account. You will take all necessary precautions to prevent unauthorized and illegal use and unauthorized access to your account. Company will not be responsible for any misuse of or unauthorized access to the Customer's account details by any third party. Company expressly disclaims any and all liability, howsoever arising, out of the misuse of the Application downloaded by the Customer. COMPANY WILL NOT BE RESPONSIBLE FOR ANY UNAUTHORIZED, UNLAWFUL OR ILLEGAL USE OF THE SERVICE OR THE APPLICATION BY ANY CUSTOMER OR PERSON WHO IS NOT A VALID USER.
B. Usage Restrictions
- Territory. You may use the Application and the Service only in India.
- Age. In order to use or register for the Service, you must be above 18 years of age.
- Device Compatibility. You acknowledge that the Service may be available / compatible only on select devices, depending on technical compatibility and rights available with Company and the Content owners. You understand that Company at any time may restrict the use of the Application and Service on any particular device, platform or format. You will not use the Services on any such restricted devices, platforms or format.
- Connectivity. Access to and use of the Service via the Application will be internet based. You will be responsible for obtaining Internet connectivity (and all devices necessary for such connectivity) and paying all fees in connection with such use. Separate charges may be applicable for accessing and using the Service, including for subscription, streaming and download.
- Releases. The terms of this Agreement will also govern any upgrades, updates, modifications, enhancements or other releases of the Application.
- Usage. Your use of the Proprietary Materials (a) must strictly be for your personal and non-commercial use in accordance with this Agreement, and (b) is revocable (in accordance with this Agreement), non-exclusive, non-transferable and limited by the terms of this Agreement and applicable laws, regulations, rules and guidelines.
- No Public Exhibition. No public exhibition of the Service, Application, Channels or any Content is permitted, with or without consideration
C. You agree to the following:
- You will not, and will not allow others to, use the Service, Application, other Proprietary Materials, and your Device, directly or indirectly, to upload, distribute, transmit, communicate, provide a link to, or publish any data, information or material using or through the Service, that: (a) belongs to another person and to which you do not have any right to, (b) is grossly harmful, pedophilic, libelous, defamatory, vulgar, obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive, against public interest and sentiment, disparaging, or relating or encouraging money laundering or gambling, (b) violates any law or regulation for the time being in force, or is unlawful in any manner whatever, or the rights of others, (c) harm minors in any way, (d) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service, (e) infringes any patent, trademark, copyright or other intellectual property, proprietary rights or confidentiality obligations of any person or entity, (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature, (g) impersonate another person, (h) contains Contaminants, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, or (i) 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.
- By posting messages, submitting reviews, inputting data, suggesting playlists suggesting ideas or engaging in any other form of communication through the Service (collectively, "User Material"), you are not forfeiting any ownership rights in such User Material and you continue to retain all of the same ownership rights. Provided that by submitting or posting User Material, you irrevocably grant Company a perpetual, fully-paid, royalty-free, sub-licensable, transferable license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publish any such content and all intellectual property rights associated therewith, throughout the world in any media formats and any media channel now known of hereinafter devised, for any promotional or commercial purposes, during the full term of copyright and all renewals and extensions thereof, without any obligation to make any payment to you or others or to give you credit. If Company decides to give you credit at Company's sole discretion, you further grant Company the right to use your name and likeness under the license contained in this paragraph in association with your User Material and the promotion and advertising thereof. You also waive any right to inspect or approve any final product in this regard.
- Company does not endorse the User Material, and the User Material does not reflect the opinions or policies of Company. Company reserves the right, but will have no obligation, to monitor the User Material and to restrict or remove the User Material that Company determines, in its sole discretion, is inappropriate or for any other reason. Please report inappropriate User Material posted by any User by emailing us at firstname.lastname@example.org
D. Technical Restrictions; Other Limitations
- No automation / data collection. The Service is provided for personal and non-commercial use only. You are not allowed to use any automated system for the selection, downloading or streaming of any portion of the Application or Channels, including by way of robots, spiders, offline readers or load testers that accesses the Service in a manner that sends more request messages or download requests to Company’s servers in a given period of time than a human can reasonably produce in the same period by using the Application or Service. Further, you may not use any script or other mechanism to collect, scrape or gather any information or data from the Application or the Service. You will not gather information and data (including Personally Identifiable Information) of any other User's use of the Service for any reason.
- Security. You will not, and you will not encourage, assist or authorize any other person to, for any reason whatsoever, violate the security of the Application / Service, including: (a) accessing data not intended for you, (b) logging onto a processor, communications or access device or account which you are not authorized to access, including those of any other Users, (c) attempting to probe, scan or test the vulnerability of the Service / Application or to breach security or authentication measures, regardless of your motives or intent, (d) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, (e) introducing a Contaminant in the Service or Application, or in the Device of any other User, or (f) sending unsolicited e-mails or other information, including promotions or advertising. Violations of system or network security of Company or any of the Users by you may result in civil or criminal liability. Company will have the right to investigate such occurrences, which may include investigating your usage on the Application / Service. Company may involve, provide Information to and seek assistance from law enforcement authorities in seeking remedies against such violations.
- Suspension; Discontinuation. You acknowledge that Company derives its rights to provide access to the Channels through the Application from third parties. Such rights may be available to Company for a fixed time, for limited methods of distribution or for limited territories. You further acknowledge that due to the foregoing and technical difficulties, scheduled or unscheduled maintenance and upgrades, causes or events outside Company's control, or for any or no reason whatsoever, Company at any time may suspend or interrupt the Service and the Application, in whole or in part, temporarily or permanently. In addition, Company reserves the right to modify or discontinue, temporarily or permanently, any feature or functionality of the Application and Service with or without notice. You agree that Company will not be liable to you or any third party for any direct or indirect consequences of any modification, suspension, discontinuation or interruption of the Service and Application.
- Take Down. Company may be required to take down certain media, Content or other materials off the Service (or otherwise restrict access to them) for compliance with applicable laws, regulations, guidelines, and rules, and for commercial reasons. Accordingly, Company reserves the right to remove any such Content / Channel from the Service or put in place any number and manner of restrictions on the access or use of such Channel. You will have no claims whatsoever against Company for placing such restrictions with or without notice. If you have any grievance or compliant regarding any Content / Channel, you may notify or may make a compliant in this regard to Company, by emailing at email@example.com
The Proprietary Materials, including the Service and Application may contain advertising content from Company or any other third party. Company does not take any responsibility of any such third party advertising materials, and will not be liable for any of your actions or purchases or losses that you may suffer in relation to or as a result of any such advertising.
4. Purchased Content; Per-Download Service
Depending on the availability of rights from the relevant third parties, you may be allowed to purchase and download certain Content through the Service. Upon Company's successful receipt of the payments related to such purchase, you will have the right to retain a copy of such Content for your use as the owner of that copy of the Content, subject to the underlying rights (including copyrights and other intellectual property rights of the authors, composers, performers, artists, publishers and record labels). Your use of such downloaded / purchased Content may be restricted as per applicable laws and rights of such third parties. You will be entirely responsible for your use in any manner of any purchased Content.
You may access the downloaded or purchased Content only on your Device and will not transfer the same to another device. You acknowledge that Company may place any access, read/write and other technical restrictions on the purchased or downloaded Content. Such restrictions may include disabling the copying or transfer of the Content to another device.
5. Streaming & Subscription
You understand and agree that any Content made available to you for streaming only is solely intended for real time viewing and listening and, except as may be technically required for the purposes of real-time streaming, no Content must not be copied, stored or downloaded even for your personal use, except for any Company Authorised modes. You may not use any unauthorised method or technology to record, capture, or otherwise copy or reproduce any Content which is provided for streaming only.
Any Channel that you access on a subscription basis will be available to you only for the duration of the subscription for which you have paid. Your rights to use and access the subscribed Channel will end automatically upon expiry of the subscription period.
6. Payment & Financial Information
You agree to pay requisite charges for the use of the Services (if any) in accordance with the rates published by Company, which may be modified from time to time.
You understand that all payments you make in relation to the use of the Service, including any subscription fees or one-time payments, will be final and non-refundable, except if Company cancels your subscription to a Channel for convenience (in which case Company will refund you the subscription fee on a pro-rata basis). No refunds will be made if your access to the Service is terminated for your breach of this Agreement.
7. Intellectual Property Rights
You must comply with all applicable laws, rules, regulation and guidelines in connection with your access to and use of the Proprietary Materials. You may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense or otherwise transfer or use the Proprietary Materials unless Airtel or the relevant third party consents in writing in each instance. Nothing in this Agreement grants you any synchronization, public performance, promotional use, commercial sale, resale, reproduction, rental or distribution rights in the Proprietary Materials.
You will not violate the copyright and any other intellectual property rights in the Proprietary Materials by any means for any purpose. The Proprietary Materials may contain third party materials, software, code, script or other materials licensed by Company from third parties. You acknowledge that such third parties retain ownership and all rights in such materials and you will not infringe the rights of such third parties in any manner, including by reverse engineering, decompiling, disassembling or otherwise tampering with such materials. Proprietary Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to them remain with (as the case may be) the relevant third parties or Airtel, or their licensors or suppliers.
You acknowledge that Company retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Proprietary Materials, and Company, its licensors and the relevant third party owners reserves all rights not expressly granted hereunder.
This Agreement shall be effective until terminated by Company or you. This Agreement will terminate automatically if you breach or fail to comply with any terms and conditions of this Agreement. Further, Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights grants to you by giving you a notice. The foregoing will not limit any other rights or remedies under contract, law or equity available to Company and Company may take such measures available in contract, law and equity that it may deem appropriate.
Upon the termination of this Agreement, you must cease all use of the Proprietary Materials and uninstall the Application.
Termination of this Agreement by Company will not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated, or any other outstanding amounts for your use of the Service.
You may elect to discontinue the Services at any time and uninstall the Application from their Mobile Tablet and/or any other Handheld devices, on which they have installed the Application.
9. Application & Service
You expressly agree that the application and service are provided on an "as-is" basis and the download, installation and use of the application, service, channels and content is at your sole risk. Company does not make, and disclaims, any representations or warranties, express, implied or statutory, regarding the service and the application, or its merchantability, fitness for a particular purpose, title, non-infringement of third party rights, or any warranties arising by course of dealing or custom of trade. Company makes no representation or warranty that the material displayed on or offered through the service are accurate, complete, appropriate, reliable, or timely. Company also makes no representation or warranty that the application or the service will meet your requirements or that your access to and use thereof will be uninterrupted or error-free, or that the application will be compatible or interoperable with any user's device.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Company, its licensors, suppliers, partners, affiliates or third-party service providers will not be liable to you or any third party, whether under law, contract (including fundamental breach) or tort (including negligence), for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or for any loss of profits, revenues, data, business, production or goodwill, or for any other form of damages in any manner arising out of or in connection with the services, application, channel, content or this agreement, regardless of the form of action or the basis of the claim or whether or not Company has been advised of the possibility of such damages. All other disclaimers available at www.airtel.in , or any of the associated pages or links therein, are deemed to be incorporated herein by reference.
11. Indemnity & Release
You agree to indemnify and hold harmless Company, its licensors, service providers, their Affiliates, and each of their employees, officers, directors and agents (together, "Indemnified Parties") against any losses, expenses, costs or damages (including reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, and including infringement of the copyright or any intellectual property right in the Content, Application or Services, (b) your access and use of the Proprietary Materials, (c) your breach of applicable laws, rules, regulations and guidelines, (d) your negligence and misconduct, (e) your infringement or misappropriation of intellectual property rights of any party, (f) Company's execution of any of your instructions or customisations, or (g) the use of the Service by any other person using your Device.
To the fullest extent permissible under applicable law, you release and discharge the Indemnified Parties from any liability resulting from your use or possession of the Application, including in relation to the following: (a) any product liability claims, (b) any claim that the Proprietary Materials fail to conform to any applicable legal or regulatory requirement, (c) any claim arising under any consumer protection or similar legislation.
- Governing Law: Any dispute or claim (contractual or non-contractual) arising out of or in relation to this Agreement, including disputes as to its formation, will be governed by and construed in accordance with Indian laws, without regard to its conflict of laws rules. Company and you submit to the exclusive jurisdiction of New Delhi courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the Agreement.
- Severability: The invalidity or unenforceability of any provisions of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, which will remain in full force and effect.
- Survival. The provisions of this Article, and any provisions relating to licenses, indemnity, governing law, jurisdiction, arbitration, confidentiality, intellectual property rights and other provisions that by their nature survive expiry or termination, and those representations and warranties that are required to supplement the above Articles for making them effective, will survive the expiry or termination of the Agreement.
- No Waiver. No failure to exercise or any delay in exercising any right, power or remedy by a party under the Agreement will operate as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made expressly in writing.
- Amendments. Company may modify or amend the terms of this Agreement by posting a copy of the modified or amended Agreement on the Application or at www.airtel.in. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Service / Application following the date on which the modified or amended Agreement is posted.
- Interpretation. In this Agreement, unless specified otherwise: (a) "include" means "including without limitation", (b) singular includes plural, and vice versa, (c) reference to one gender includes the other, (d) references to any time of day are to Indian Standard Time, (e) reference to a statute or a statutory provision include its amendments, modifications, re-enactments and consolidations, and (f) the rule of construction that an agreement should be interpreted against the party responsible for drafting it will not apply to this Agreement.
- Assignment. You may not assign your rights under this Agreement without Company's prior written permission and any attempt by you to do so will be void from inception. Company may assign or transfer this Agreement in its entirety at any time without notice and without your consent.
Company's performance of this Agreement is subject to existing laws and legal process and the policies and business decisions of the Company, and nothing contained in this Agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Proprietary Materials or information provided to or gathered by us with respect to such use.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Grievance Officer: You can reach our grievance officer at firstname.lastname@example.org