DEFINITIONS
Affiliates shall mean and include any person/entity at any time who is controlling, controlled by, or is under common Control.
Billing Cycle shall mean the period of Subscription that will start right after a successful charge and end on the next billing date available under the subscription section in the Account Info page in both the App and Website unless terminated earlier. The Billing Cycle will vary based on your chosen Membership Plan.
Control shall mean the power to direct or cause the direction of management and policies of AaniTV, either directly or indirectly, whether through ownership, or through voting securities, or the power to appoint or remove a majority of the members of, or the power over a majority of the voting rights cast in meetings of, the board of directors of AaniTV, whether by operation of law or by contract or otherwise.
Device shall mean a hardware interface that facilitates the use of Service(s) and access to and/ or streaming of Content(s) via the internet and includes a personal computer (desktop/ laptop), mobile device, portable media player, TV (any smart device connected to a television or any other audio-visual device including internet supported devices), gaming systems/ consoles, pre-embed/ pre-load platform/ OTA push on the third party manufactured device (mobile phones, smart devices) or any other hardware devices in commercial use presently or developed in future that are capable of offering access to AaniTV Platform(s) and meets the compatibility and minimum system requirements that AaniTV requires from time to time.
AaniTV Platform(s) means the domain name www.aanitv.com (“Website”) as an interactive platform for viewers and any associated mobile sites and applications available on an operating system and/or Device including Android, iOS, Android TV, and other platforms as may be launched by AaniTV from time to time.
Service shall mean video-on-demand service and other ancillary services provided by AaniTV through AaniTV Platform(s) to Users and Subscribers for accessing and watching/ streaming Content(s), features and functionalities for Subscribers to post User Materials among others.
Subscriber means a natural or legal person who has purchased a Subscription to AaniTV Platform(s).
Subscription shall mean the package of Services provided to a Subscriber which can be availed either directly from AaniTV or its Authorized Partners against payment of a fee, more particularly detailed under Subscription and Payments.
SVOD means Subscription Video on Demand format of making Content available on AaniTV Platform(s) where a Subscriber has access to specific Content(s) for a fixed term against payment of a Subscription Fee on such terms as may be prescribed by AaniTV or its authorized partners from time to time.
Terms of Use shall mean this agreement to be read in conjunction and together with the Privacy Policy as may be updated from time to time (Refer Changes) in relation to a User’s and/or a Subscriber’s access to and use of Service(s).
Users mean a natural or legal person who accesses AaniTV Platform(s) whether or not availing of Service(s).
INTRODUCTION
This “Terms of Use” is an electronic record under the Information Technology Act, 2000 and any amendments made thereto along with the rules framed thereunder, as applicable, and pertaining to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures.
AaniTV owns and controls the domain name www.aanitv.com (“Website”). The AaniTV Platform(s) allows users to access and view a variety of audio and audio-visual content including, inter alia, movies, web series, web films, news and videos, trailers of upcoming series and movies (collectively, “Content(s)”) that is streamed over the internet to the Devices with minimum system requirements more particularly stated under Description of Service below.
For the purpose of these Terms of Use, wherever the context so requires “Company”, “Our” or “Us” means AaniTV and “You”, “Your”, “Yourself” or “User/ Subscriber” shall mean any natural or legal person who uses, accesses or avails the AaniTV Platform(s).
Your use of the AaniTV Platform(s), access to Content(s) and/ or Service(s) is governed by the “Terms of Use” and the “Privacy Policy”. Your mere use or access of AaniTV Platform(s) constitutes Your acceptance of this Terms of Use and the Privacy Policy accessible at www.aanitv.com/privacy-policy AND www.aanitv.com/user-agreement respectively; and any other terms which govern the AaniTV Platform(s), and if You do not agree to these Terms of Use and the Privacy Policy, You must not avail of/use the Service(s) and any use thereafter shall be deemed unauthorized.
Description of Service
AaniTV, through the AaniTV Platform(s), allows, Users / Subscribers, to access and view, inter alia Content(s), and any other content including but not limited to advertisements, promotions, etc.
Content(s) may be made available to You through different modes, mediums and formats, at the discretion of AaniTV, including via SVOD basis for viewing at the Subscriber’s discretion at a time chosen by the Subscriber. For the Content(s) that will be made available to You, You will be granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license for your personal, non-commercial viewing, and no right, title, or interest in any Content will be deemed transferred to You. Download for offline viewing is available for select Content(s) for a fixed duration and exclusively available for the Android and iOS App.
Please note that both the availability and Your ability to access the Content(s) or Service or part thereof: (a) is subject to AaniTV's sole discretion; (b) may be dependent upon Your geographical location, and (c) is on the condition that not all Content or Service(s) will be available to all Users.
You hereby agree and acknowledge that you are above 18 years of age (or above 21 years of age, where a guardian is appointed under the Majority Act, of 1875). In case, You are under the age of majority in your country, territory, or province as per applicable law, You agree that Your access and use of the Services shall be deemed to be subject to age classifications by AaniTV and under parental consent and guidance. Further, You agree and acknowledge that Your use of the AaniTV Platform(s) and the Service(s) complies with all applicable laws including the local laws in Your jurisdiction. AaniTV reserves the right to reclassify ratings and/or include a warning card/disclaimer, and/or edit the synopsis of Content at any point in time.
AaniTV has adopted an age-appropriate Content classification and description mechanism that facilitates maximum choice and control for Users. Some Content offered on the AaniTV Platform may not be suitable for some Users falling within specific age groups and therefore viewer discretion/ parental supervision and guidance is advised.
The following standard for age classification in relation to Content(s) has been adopted:
1. Content which is suitable for children, as well as people of all ages, are classified as ―U rating;
2. Content which is suitable for persons aged 7 years and above, and can be viewed by a person under the age of 7 years with parental guidance, are classified as ―U/A 7+ rating;
3. Content which is suitable for persons aged 13 years and above, and can be viewed by a person under the age of 13 years with parental guidance, are classified as ―U/A 13+ rating;
4. Content which is suitable for persons aged 16 years and above, and can be viewed by a person under the age of 16 years with parental guidance, are classified as ―U/A 16+ rating; and
5. Content which is restricted to adults is classified as ―A 18+ rating.
6. Content(s) are classified on the basis of.—(i) Themes and messages; (ii) Violence; (iii) Nudity; (iv) Sex; (v) Language; (vi) Drug and substance abuse; and (vii) Horror.
SUBSCRIPTION & PAYMENTS
DIRECT SUBSCRIPTION
To facilitate Your viewership of Content(s) and access the Service(s), AaniTV may adopt different models such as (a) free trials with or without advertisements or commercials; or (b) subscription through payment of a “Subscription Fee” with or without advertisements or commercials; (c) a pay-per-view model with or without advertisements or commercials; or (d) with a combination of the foregoing.
Some of the Content(s) will be exclusively available for streaming to Subscribers. To become a Subscriber, You need to register Yourself through/ on any of the AaniTV Platform(s) by providing certain information(s) and payment of the Subscription Fee as per Your chosen “Membership Plan”, through any of the available Payment Gateway(s).
AaniTV may, at its sole discretion, offer different Membership Plan(s) corresponding to different subscription periods, content resolution limitation, offline accessibility, Device limitation, subtitle availability, territory, number of screens, streaming limits and other variants, subject to modifications from time to time.
The Subscription Fee is inclusive of all applicable taxes. To the extent permitted by applicable law(s) any Subscription Fee paid is non-refundable, irrespective of whether the Service(s) is/are availed by You or not.
To access the status of Your Subscription, You can check the subscription section on the Account Info page in both App and Website.
CANCELLATION
You can cancel the renewal of Your Subscription if Your chosen Payment Gateway offers recurring payment options. You will, however, have access to Services till the end of the billing period and Your Subscription will automatically close at the end of Your current Billing Period. You will, however, not be entitled to any compensation- monetary or otherwise, from AaniTV for the unutilized period.
To check when Your Billing Cycle will end, see the subscription section on the Account Info page in both App and Website or write to Us by sending an e-mail to support@aanitv.com
To cancel the renewal of Your Subscription, write to Us by sending an e-mail to support@aanitv.com Upon cancellation, You will be notified via e-mail.
Post cancellation of Your Subscription, if You wish to re-subscribe, you may do so from any of AaniTV Platform(s) (Refer Direct Subscription section of this Terms of Use).
CHANGE OF MEMBERSHIP PLAN
Any changes in the Membership Plan opted by You will be effective upon the expiry of the current Membership Plan. To the extent permitted by applicable law(s) Subscription Fee paid is non-refundable. In certain instances, as may be specified to You, the Subscription Fee paid may be adjustable against the purchase of an upgraded Membership Plan by You prior to the expiry of your current Membership Plan.
AaniTV reserves the right to change the Membership Plan(s) and Subscription Fee for Services from time to time. Any such change(s) will be effective after the completion of Your current Billing Cycle.
It is clarified that the Direct Subscription offered to You is by AaniTV and not by any third party including any payment gateway service providers.
Upon successful payment through any of the Payment Gateway(s), a confirmation of successful Subscription shall be e-mailed and/or SMS’ed to you.
Upon payment being received by AaniTV through any of the Payment Gateway(s), AaniTV shall make the Services available to You through any of the approved modes of delivery that AaniTV adopts.
AaniTV does not guarantee the availability of specific Content(s) and/ or Service(s) or minimum Content(s) and/or Service(s) against any Subscription Fee.
ELECTRONIC COMMUNICATIONS
When You use the Service(s) or send any data, information or communication to AaniTV, You agree and understand that You are communicating with AaniTV through electronic media/ records and You consent to receive communications from AaniTV periodically. AaniTV will communicate with You by e-mail or any push or other messages and/ or send messages to the mobile number provided by You while sign-up or via Authorised Partner. Such communication will be considered an adequate service of notice/ electronic record.
You give consent to AaniTV or its Affiliates and Authorized Partners contacting You during Your Subscription for any purpose including but not limited to: (i) obtaining feedback on Service;(ii) offering new products or services, whether offered by Us or Our respective Affiliates and/ or Authorized Partners.
In the event You have indicated any “do not disturb” preferences to Your telecom service provider, and registered Yourself on the national customer preference register / “do not disturb”; or similar list, You are requested to ensure that Your registered preferences allow for communications to be sent to You in accordance with the above provision.
USER COMMITMENTS/ OBLIGATIONS:
By agreeing to use/avail of the Services:
You confirm that all data/ information submitted by You during sign-up to AaniTV and/or Service(s) are complete and accurate in all respects. Further, You undertake to timely update such data/ information to keep the same complete and accurate at all times. All data/ information collected is subject to the Privacy Policy available at: https://www.aanitv.com/privacy-policy
You acknowledge, consent and agree that AaniTV may access, preserve, transfer and disclose Your account information and/or User Material subject to the Privacy Policy if required to do so by law to cooperate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process and/or any applicable law in the territory; (b) enforce this Terms of Use; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of AaniTV, affiliates, its users and the public.
8.3. You agree and acknowledge that AaniTV shall have the right to temporarily suspend access for technical/operational reasons, without giving prior notice. AaniTV will restore access to the Services as soon as reasonably practicable after temporary suspension.
8.4. You agree and acknowledge that AaniTV shall be under no liability in case of non-availability of access to AaniTV Platform(s) and/or Service(s) and/or Content(s) due to an Act of God, war, disease, lockout, strike, riot, satellite or internet failure, or any other cause whatsoever beyond the control of AaniTV (“Force Majeure Event”).
8.5. You will be solely responsible for maintaining and updating your device as per the requirements of a Device. In the event the App is updated, You will be responsible to update Your device to make it compatible with such updates. Further, You will need an active internet connection to use Service(s) and stream Content(s). You are, therefore, required to pay internet charges as per the plan from Your internet service provider. You acknowledge that AaniTV will not be responsible or liable to You in case of Your failure to use the Service(s) or stream Content(s) due to Your failure to upgrade Your device to a compatible version or the non-availability of an active internet connection.
8.6. You agree that AaniTV and/or its affiliates own and/or retain all rights to the Services and the Content throughout the territory of the world in perpetuity. You further agree that the Content You access and view as part of the Services is owned or controlled by AaniTV, its affiliates, and its licensors. The Services and the Content are protected by copyright, trademark, trade secret, and other intellectual property laws. The Service(s), Software, and Content(s) embody intellectual property that is protected by law.
8.7. The Service and any Content(s) streamed through the Service are for Your personal and non-commercial use only. You will be granted a non-exclusive, non-transferable, non-sublicensable, revocable limited license to watch the Content(s) and no right, title or interest in any Content will be deemed transferred to You.
8.8. You agree to use the Service(s), including all features and functionalities in accordance with applicable laws, rules and regulations. You agree to not archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in this Terms of Use) Content(s). You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any content protection scheme, use geo-filtering mechanisms to conceal and/ or provide Your incorrect geo-location (for e.g. use of a virtual private network (VPN); or use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the Content(s) or Service in any way; or use any data mining, data gathering or extraction method.
8.9. You agree that different jurisdictions may offer different types of Membership Plans to Service. Accordingly, the scope and extent of access to Service and/or Content, among other things, may vary within jurisdictions. You may only use the Service(s) or access the Content(s) primarily within the jurisdiction where You Subscribed to the Membership Plan. Your access to Service and/or Content may be limited or blocked when accessed from a jurisdiction different than the jurisdiction of Subscription.
8.10. You agree to refrain from making available Your subscription credentials to any other persons(s), or in any manner communicate Content(s) to another person (s).
8.11. You will not interfere with, damage, disable, disrupt, impair, or gain undue access to AaniTV Services, including company servers, networks, and/or accounts. Further, You will not, directly or indirectly, solicit, collect or request any personal information for commercial or unlawful purposes or send or cause to send unsolicited bulk messages or other unsolicited bulk communications of any kind through AaniTV including Company Servers, the Website, and/or the App. If You do so, You acknowledge You will have caused substantial harm to AaniTV, which is extremely difficult to measure. AaniTV reserves the right to grant or block your access to Service(s) and institute relevant proceedings against You in law or equity.
8.12. You will further not engage in any commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without AaniTV’s prior written consent; or use technology or other means to access, index, frame, or link to the Website (including the Content) that is not authorized by AaniTV.
8.13. You may encounter third-party applications while using the Website or Apps including, without limitation, websites, widgets, software, and services that interact with the Website. Your use of these third-party applications shall be subject to such third-party terms of use or license terms and AaniTV shall not be liable for any representations or warranties or obligations made by such third-party applications to You under contract or law.
8.14. You authorize and give consent to AaniTV to send either through itself or through any third-party service provider(s), from time to time, information alerts via push notifications, SMS, WhatsApp or other services Service on the Your provided telephone numbers, e-mail IDs, etc. You agree and confirm that any such message(s) or call(s), does not make AaniTV liable under the Telecom Commercials Communications Customer Preference (TRAI) regulations, 2010 or such other applicable regulations including local laws of Your jurisdiction that are applicable on You including any amendment thereof, as may be applicable from time to time.
