Introduction
Welcome to What’s on India, India's largest interactive online and mobile TV Guide. The online and mobile TV Guide services are operated by What’s on India Media Pvt. Ltd. (‘What’s on India’), and consists of the What’s on India Web sites and other features and services offered by What’s on India and its corporate affiliates in connection with the sites, including but not limited to, e-mail, instant messaging, messenger, chat, search, contests, games and any other similar services (collectively the ‘Services’). The Services may be accessed through the Internet and through WAP services provided by certain mobile network providers. By accessing the What’s on India site located at http://www.whatsonindia.com (‘Site’), and all linked pages owned and operated by What’s on India or by using the Services, you signify that you have read the following terms and conditions (the ’Terms of Use’) and electronically accept and agree to be bound by them, whether or not you register with What’s on India. Thereby a binding agreement is made electronically between you and What’s on India. Where applicable under law, these Terms constitute a ’writing signed by you’. If you do not agree to these Terms of Use, do not use the Service.
Changes to What’s on India and the Terms of Use
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use or any other content, information, schedules, the enriched and aggregated meta data and the linkages including but not limited to, the synopsis, tagging and the translation (‘Material’) displayed on the Site at any time without any prior notice. If we do this, we will post the changes to these Terms of Use on this page and we may at our sole discretion send registered users an email notifying them of the change. You hereby agree to review from time to time these Terms of Use so that you are aware of any modifications that are made hereunder. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE SERVICE. CONTINUED USE OF THE SERVICE BY YOU FOLLOWING OUR POSTING OF A CHANGE NOTICE OR OF A NEW AGREEMENT ON OUR SITE OR ON RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Eligibility and Registration
You must have completed 18 years of age to use the Service provided under this Agreement. By registering for the Service, you represent and warrant that you have completed 18 years of age and that you have the capacity to understand, agree to and comply with these Terms of Use. You should provide true, accurate and complete registration information to be a What’s on India member (’Member’), and also maintain the accuracy of this information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. Each registration is for that particular individual user only. We may refuse to grant you a username that attempts to impersonate someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Use or membership of the Service is void where prohibited.
Member Conduct and Appropriate Content
The Service is made available for your personal, non-commercial use only. You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from India or your country of residence.
You may use the Site and the Services provided there under to solicit and/ or share reviews with other users. What’s on India has no obligation to observe or monitor the Material being posted on the Site. However, it may at its sole discretion, remove or limit access to Materials originating from any third party user that it may determine unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Use. Further, under no circumstances does What’s on India have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Member’s use of the Service. You hereby fully acknowledge and agree that What’s on India shall not be held liable in any way for any content/ information/ schedule/ link provided on the Site including but not limited to any errors or omissions in any such content/ information/ schedule/ link, or for any loss or damage of any kind incurred as a result of your use of any content/ information/ schedule/ link. You agree that you shall be solely responsible for any use or reliability on any such content/ information/ schedule/ link posted on the Site.
You acknowledge that the Site may contain links to other web sites operated by third parties (‘linked sites’). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains the http://www.whatsonindia.com logo, advertisements and/or other content selected by What’s on India. You acknowledge that What’s on India and its affiliates neither endorse nor are affiliated with the linked site and are not responsible for any content of any linked site or any link contained in a link site, or any changes or updates to such sites. You also acknowledge that What’s on India is providing you with these links only as a convenience.
Conditions for Use
You hereby agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable Material or information.
- Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by What’s on India.
- Create a false or misleading identity of, including, but not limited to, a What’s on India employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any Material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Service, except as expressly authorized by What’s on India.
- Reformat or frame any portion of the web pages that are part of the Service.
- Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Service.
- Disseminate any unsolicited or unauthorized advertising, promotional Materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another Member's use and enjoyment of the Service.
- Harvest or collect email addresses or other contact information of Members, including usernames, from the Service by electronic or other means.
Proprietary Rights
What’s on India is the exclusive distributor and aggregator of the channels’ schedules in any Set-Top-Box, Website, Device, mobile service or any other similar application. You agree and undertake that all and any intellectual property belonging to What's on India made available to you is for the purpose of the Services only and any other use/ presentation/ modification of the data/information/schedules on any other application/ platform/ device is not permitted. To obtain more details please write to us at support@whatsonindia.com.
You agree that provision of the said intellectual property by What's on India is not in any manner deemed to be granting (expressly or by implication) any license or other right under or with respect to any patent, trade secret, copyright, trademark or other proprietary and/or intellectual property right on you.
You specifically agree without prejudice that the Intellectual Property contained in Material which are represented within What's on India's EPG Production Platform belongs to and are proprietary to What's on India, including the recommendation engine based on site usage and user behavior.
You expressly agree that you shall not (a) modify any Material on the Site or use it for any commercial purpose including but not limited to any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble any Material; (c) remove any copyright or other proprietary notices from the Material; (d) transfer the Material to another person;(e) use any such Material on any other web site or networked computer environment. You further agree to prevent any unauthorized copying of the Material. Further, you shall not post, modify, distribute, or reproduce in any way any copyright Material, trademarks, or other proprietary information without obtaining the prior written consent of What’s on Media or others, as the case maybe. What’s on India respects the intellectual property rights of others and reserves the right to terminate any user's access to the Service according to these terms of use if What’s on India is notified that such user's activities infringe the rights of third parties on more than one occasion.
What's on India and its affiliates and licensors own and retain all rights in the What’s on India Web site and the Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) images, (4) graphics, (5) page layout, and (6) design presented through and as part of the Service by What's on India. Except as expressly authorized by What's on India, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of What's on India’s proprietary information. What's on India is the owner of 'whatsonindia.com' marks.
Privacy & Personal Information
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the What’s on India Privacy Policy.
Information, except personal identification details, collected in connection with your use of the Service, may be processed, shared, used, relayed, publicised, advertised, and stored in India or other countries where What’s on India or its parent, affiliates, subsidiaries or service providers maintain facilities. If you live outside India and use the Services, you expressly consent to the transfer to India of the personal information you provide What’s on India, or such other countries as we may disclose from time to time. Additionally, you agree that we may use your user name to authenticate you on any service provided by What’s on India or its affiliates.
Internet/WAP Access
What’s on India shall not be responsible for any connection or access to the Service by you or the quality of the transmission of any information passing between you and the website or any unauthorized access to or alteration of your transmissions of any Material sent or received or not sent or received through the Site. You will be responsible for providing your own communications equipment to access the Service via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that What’s on India shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Service via WAP.
Termination of the Service
These Terms of Use will apply to your use of the Service. At any time, you can terminate your account which will remove your profile and other personal information from our database. We may terminate your membership immediately at any time, for any reason without any prior notice. Once your membership terminates, you shall have no right to use the Service and any data you have stored on such a Service may be unavailable later. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
What’s on India may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that What’s on India may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Where possible, What’s on India will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Service. Further you agree that What’s on India shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.
Third Party Sites
The Service may include links to third party websites, including links provided as automated search results; links to certain related products or services; and sites operated by professional content creators and media companies in connection with What’s on India’s Online Media Platform. Some of these sites may contain Materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services, and What’s on India may, in its sole discretion, remove such links. We are not responsible or liable for any content, products or services, or other Materials on these third party sites.
Disclaimer of Warranties
What’s on India and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents (collectively, ‘What’s on India and its Affiliates') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, content or Materials displayed on the Service.
What’s on India and its Affiliates further expressly disclaim (1) that the Service will meet your requirements and will be uninterrupted, error-free, timely, and secure, (2) that defects or errors will be corrected, (3) that the Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
Any Material, contents or information downloaded or otherwise obtained from the Service is subject to these Terms of Service and done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Material.
What’s on India and its Affiliates expressly disclaim any and all responsibility and liability for the conduct of any other Member, and expressly disclaim that the content and Materials of the Service input by other Members is correct or accurate.
WHAT’S ON INDIA, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, SCHEDULES, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. WHAT’S ON INDIA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
No oral or written information or advice given by a What’s on India representative shall create a warranty. We make no representation that any Material on the Service is appropriate or available for use in any particular location and it is likely that it may be illegal to access such Material from some jurisdictions. Those who choose to access the Service do so entirely on their own initiative and at their own risk and are responsible for their own compliance with local laws, if and to the extent such local laws are applicable.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at What’s on India’s request defend, What’s on India, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Service, or your Materials, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, What’s on India will provide you with written notice of such claim, suit or action. You recognise that in many jurisdictions, publishing of certain type of Material invites criminal sanctions. You acknowledge that you alone shall personally be responsible for such criminal sanctions, should they be imposed. What’s on India reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will co operate with What’s on India in asserting any available defenses.
Limitation of Liability
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL WHAT’S ON MEDIA, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT WHAT’S ON INDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHAT’S ON INDIA AND ITS AFFILIATES’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Notices
What’s on India may provide you with notices regarding the Service or these Terms of Use by regular mail, email, or postings to this Web site.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Service.
What’s on India reserves the right to take any legal or technical remedies to prevent the violation of these Terms of Use and to protect the Service, What’s on India users, and the rights and property of What’s on India and its Affiliates.
Miscellaneous
These Terms of Use will be governed by and construed in accordance with the laws of the India, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the territory of the State of Maharashtra in India. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
You agree that the following procedures will apply for any claim or dispute that you may have against us relating in any way to these Terms of Use, your membership or your use of the Service (“the Dispute”):
A Dispute will be deemed to arise when one party serves on the other party a notice stating the nature of the Dispute (“Notice of Dispute”)
Both parties will use reasonable efforts to resolve any Dispute through negotiations.
If a Dispute cannot be resolved through negotiations within thirty (30) business days from service of the Notice of the Dispute, the Parties agree that before mutually submitting to a court of competent jurisdiction in the State of Maharashtra. Such Dispute shall be submitted to and finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) under the following conditions:
All arbitration proceedings shall be conducted in English and a daily transcript in English shall be prepared;
There shall be one arbitrator, to be mutually selected and appointed by both the parties. The decision of the arbitrator shall be final and binding on all parties to the arbitration proceeding;
The venue of arbitration shall be in Mumbai, India; and
The arbitration for the Dispute shall be deemed to be an “International Commercial Arbitration” for the purposes of the Arbitration Act.
You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of What’s on India’s affiliates are express and intended third party beneficiaries of these Terms of Service and may enforce any of its terms and exercise any of the rights to the same extent as What’s on India.
Without limiting the foregoing, under no circumstances shall What’s on India be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control such as third party failures, including without limitation to Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or Materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning or any other force majeure event.
These Terms of Use constitute the entire agreement between you and What’s on India with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party. If What’s on India fails to exercise any right or remedy under this Terms of Use that failure will not operate as a waiver of that right or remedy or prevent it from being exercised simultaneously.
Relationship
These Terms of Use or your use of the Service does not create any joint venture, partnership, employment or agency relationship between you and What’s on India. You agree that these Terms of Use are not intended to confer and does not confer any rights or remedies from What’s on India upon any person other than you.
How to Stop SMS Reminders
You can delete SMS reminders for shows by going into the My Profile Section and clicking on the tab “Reminders”. Remember to use the same login that you had used earlier to set the reminders. If that does not work please write to us at Response@WhatsOnIndia.com giving the following details – Mobile number, Reminders that you are getting and instructions on what you would like us to do.