These terms and conditions (“Terms & Conditions”) govern the conduct of “Xiaomi Offer” (“Offer”) offered by XIAOMI TECHNOLOGY INDIA PRIVATE LIMITED (“MiTV”) in relation to the subscription to the OTT service, namely, Eros Now which is an OTT platform for providing of audio-visual content to subscribers.
This Offer will be open for participation for a period of 7 days starting from 12:00:01 A.M. on May 24, 2019 and ending at 23:59 PM on May 30, 2019 (‘Term’) in India only (‘Territory’).
Eligibility: This Offer is open only to individuals of 18 years and above, being citizens of India and residing in India, during the Term who are existing users of any products of MiTV or who purchase any MiTV products during the Term (“Subscriber”). The employees (and their families) of MiTV and its associate/group companies, its advertising and promotional agencies, its auditors, executing agencies, business partners and their associate companies are ineligible and shall not be allowed to participate in the Offer.
The Subscribers subscribing to the monthly pack of Rs. 99/- (Rupees Ninety-Nine only) of the Eros Now service during the Term, shall be entitled to a 2 (Two) month subscription to the Eros Now service for Rs. 99/- (Rupees Ninety-Nine only), i.e. the Subscribers availing the Offer by subscribing to the monthly pack of the Eros Now service of Rs. 99/- per month shall be entitled to avail a free subscription to the Eros Now service in the immediately succeeding month. (“Offer”).
All Subscribers who receive the promo codes during the Term shall avail the Offer by subscribing to the Eros Now service on or before May 30, 2019 only. Subscribers shall not be entitled to the Offer to the Eros Now service by using the promo codes after May 30, 2019 and MiTV and/or Eros Now shall not be held liable for the same.
Each Subscriber may register only through one unique email or phone number mapped to their registration and in case it is found that any Subscriber has more than one registration from different emails or phone numbers then all such entries shall be rejected, and such Subscriber shall be disqualified from the Offer.
Each Subscriber shall have in his/her possession and agrees to promptly submit all valid and subsisting legal documents such as Name / address /age/ nationality /citizenship proof, if required, by MiTV from time to time.
Availing the Offer is voluntary, and Subscribers need to accept and agree to be bound by these Terms & Conditions, including any amendments and modifications hereto, which shall be deemed to be binding on them and Subscribers are required to periodically check for any updates to these Terms & Conditions during the Term.
The Subscriber hereby represents and warrants that:
(i) He/ she is competent to contract and does not suffer from any disqualification or such other infirmity which may cause the contract to be void or voidable at the option of the Subscriber.
(ii) he/she is an adult citizen of India, residing in India and entitled to enter into a valid agreement. The Subscriber acknowledges that he/she has voluntarily chosen at his/her free-will and own wish to submit the entry.
This Offer cannot be availed together with any other Offer offered by MiTV or any third party. This Offer shall not be exchanged or encashed and shall have no residual or monetary value. In no event shall this Offer be transferred to any third party by the Subscriber.
By availing the Offer, each Subscriber agrees that Subscriber’s name, address, telephone numbers, e-mail identities or any other information that is provided by the Subscriber (“Personal Information”) may be shared by MiTV with others associated with and/or assisting in organizing and administering the Offer, and to send to the Subscribers promotional information pertaining to MiTV or other third parties, in the future.
MiTV reserves the right to modify, amend or alter the rules governing the Offer in its sole discretion without giving any prior notice. MiTV also reserves the right to modify, cancel, extend and/or discontinue the Offer or any part thereof at any stage without assigning any reason and without giving any prior notice and without any liability. The updated Terms & Conditions governing the Offer will be published by MiTV at the same web link where these Terms & Conditions are published.
Subscribers shall be solely responsible for any costs and expenses incurred towards internet connection charges, e-mail transmission charges, data transfer (send/receive) charges, mobile connection charges or other incidental costs or expenses as may be applicable, inclusive or exclusive of any other service charges, applicable taxes, levies, duties, etc.
The Subscriber agrees to indemnify and hold harmless MiTV and each of its respective affiliated companies, parents, sponsors, subsidiaries, officers, directors, employees, agents, members (collectively, the “Indemnified Parties”) from and against any and all liabilities, claims, suits, losses, damages, expenses and costs (including, but not limited to reasonable attorneys’ fees) resulting or arising from: (a) the Offer, and/or (b) any breach or violation of any representation, warranty, obligation or covenant made by the Subscriber herein.
MiTV does not make any commitment, express or implied, to respond to any feedback, suggestion and/or, queries of the Subscribers.
The Subscribers shall at all times comply with the applicable laws and these Terms & Conditions on which this Offer is hosted.
This Offer is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God or any circumstance beyond the reasonable control of MiTV ("Force Majeure Event"). MiTV shall be not liable for any delay or adverse effect caused to the Subscribers as a result of a Force Majeure Event.
Regardless of location of Subscriber, all activities in relation to the Offer, these Terms & Conditions and any disputes arising from or in relation to Offer or interpretation of these Terms & Conditions shall be governed exclusively by the laws of India. Each Subscriber agrees to submit to the exclusive jurisdiction of the Courts of law at Mumbai.
All interpretations of the Terms & Conditions by MiTV, and the decisions of MiTV in relation thereto, shall be final and binding upon the Subscriber and the Subscriber hereby waives his/her right to initiate any legal proceedings within India.