Affiliates shall mean and include any person / entity at any time who is controlling, controlled by, or is under the common Control.
Billing Cycle shall mean the period of Subscription, that will start right after successful charge and end on the next billing date available under subscription section in Account Info page in both 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 Hoichoi, 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 or equivalent governing body of Hoichoi, whether by operation of law, or by contract or otherwise.
Device shall mean a hardware interface that facilitates use of Service(s) and access to and/ or streaming of Content(s) via internet and includes a personal computer (desktop/ laptop), mobile device, portable media player, TV, chrome-cast, Blu-ray disk player, set top boxes (any smart device connected to television or any other audio-visual device including internet supported set-top boxes), gaming systems/ consoles, pre-embed/ pre-load platform/ OTA push on 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 Hoichoi Platform(s) and meets the compatibility and minimum system requirements that Hoichoi requires from time to time.
Hoichoi Platform(s) means the domain name www.hoichoi.tv (“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, Apple TV, Amazon Fire TV, Roku TV (“App”) and other platforms as may be launched by Hoichoi from time to time.
Hoichoi shall mean Hoichoi Technologies Private Limited, a company incorporated under the provisions of Companies Act, 2013 having its registered office at 18th Floor Acropolis, 1858/1 Rajdanga Main Road, Kolkata- 700 107, and shall be deemed to include its directors, officers, employees, affiliates, agents, contractors, principals, assignors or licensors, as the case may be.
Service shall mean video on demand service and other ancillary services provided by Hoichoi through Hoichoi 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 Hoichoi Platform(s).
Subscription shall mean the package of Service provided to a Subscriber which can be availed either directly from Hoichoi or its Authorised 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 Hoichoi 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 Hoichoi or its authorised partners from time to time.
Users means a natural or legal person who accesses Hoichoi Platform(s) whether or not availing Service(s).
Hoichoi, through the Hoichoi 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, medium and format, at the discretion of Hoichoi, 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 Hoichoi’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, 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 Hoichoi and under parental consent and guidance. Further, You agree and acknowledge that Your use of the Hoichoi Platform(s) and the Service(s) complies with all applicable laws including the local laws in Your jurisdiction. Hoichoi reserves the right to reclassify ratings and/or include a warning card / disclaimer, and/or edit synopsis of Content at any point of time.
Hoichoi has adopted an age-appropriate Content classification and description mechanism that facilitates maximum choice and control for Users. Some Content offered on the Hoichoi Platform may not be suitable for some Users falling within specific age groups and therefore viewer discretion/ parental supervision and guidance is advised.
Participation in any contest and or game on any of the Hoichoi Platform(s) conducted by Hoichoi or viewing of certain Content may be subject to further terms and conditions as may be notified by Hoichoi from time to time. Hoichoi reserves the right to add such further terms and conditions without giving You any notice or prior information.
All Content(s) produced by Hoichoi or by its Affiliates (hereinafter, “Hoichoi Originals”) are works of fiction. Any resemblance or similarity to actual events, places, or persons (dead or alive) is purely coincidental. Hoichoi respects all gender, sexual orientation, faiths, caste, religions, communities, and races and does not intend to disrespect, insult, impair, or disparage the beliefs, feelings, sentiments of any person, community, religion, society and its culture, custom, practice and tradition in any way. While Hoichoi exercises reasonable diligence before making any third-party produced content (“Third Party Content”) available on the Hoichoi Platform, any liability in relation to the same is expressly disclaimed.
It is clarified that the Direct Subscription offered to You is by Hoichoi 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 Hoichoi through any of Payment Gateway(s), Hoichoi shall make the Services available to You through any of the approved modes of delivery that Hoichoi adopts.
Hoichoi 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.
You also represent and warrant that the posting of Your User Material(s) does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
You acknowledge that the User Material is not confidential and that You have no expectation of privacy in it.
By posting the User Material, You hereby grant Hoichoi a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license You grant to Hoichoi is non-exclusive, royalty-free, irrevocable, and sub licensable. Additionally, Hoichoi is free to use any ideas, concepts, know-how, or techniques contained within such User Material(s) for any purpose, including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including the Services. Hoichoi’s use of such User Material shall not require any further notice of attribution to You and such use shall be without requirement of any permission from or any payment to You or any other person or entity. You hereby agree and confirm that the provisions of section 19(4) of the Indian Copyright Act, 1957, shall not apply to this license.
In no event does Hoichoi assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against Hoichoi with respect to such User Material.
Every complaint should bear Your signature, either digital or written.
Hoichoi may further request You further information as may be reasonably required to resolve Your complaint.
Hoichoi shall generate and issue an acknowledgement of receipt of complaint within twenty-four (24) hours of receipt of the complaint and shall appropriately reply to You a decision/ action (“Decision”) within fifteen (15) working days from the date of registration of the complaint.
In the unlikely event, Your complaint is not resolved within fifteen (15) working days from the date of registration of complaint (save for circumstances where additional time may be required by Hoichoi); or You are not satisfied with the decision of the Grievance Officer, You may prefer to appeal the Decision before the Digital Publisher Content Grievances Council (“DPCGC”) to which Hoichoi is a signatory. An appeal before the DPCGC can be filed by following the on-screen instructions available at https://www.dpcgc.org/.
Additional time may be required by Hoichoi in case You fail to provide relevant and complete or any additional information requested by Hoichoi.
Complaints may be withdrawn by You at any point of time. Upon withdrawal or in case a complaint is abandoned, such complaint shall deemed to be disposed of.
Hoichoi shall, upon receipt and examination of the complaint, undertake any one or multiple of the following or any other measures, as applicable,:
Reclassify age rating of relevant content, and/or
Include a warning card or disclaimer in content descriptors, and/or
Edit synopsis of relevant content.
Other than the recourses provided, Hoichoi shall not be liable for any damages or losses incurred by You on account of such grievance and viewer discretion is advised.
The Service is provided “as is” and, to the fullest extent permitted by law it is provided without warranties of any kind or condition. In particular, Hoichoi does not make any warranties regarding fitness of Service(s) for a particular purpose, title, completeness, merchantability, availability, compatibility, uninterrupted, error-free, or reliable.
IN NO CASE SHALL HOICHOI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, ASSIGNORS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SERVICE OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICE OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS.
WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, HOICHOI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PROVIDED UNDER LAW.
You agree to defend, indemnify and hold harmless Hoichoi, its affiliates, officers, directors, employees and agents, from and against any and/or all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Service(s); (ii) Your violation of any term of these terms and conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Subscription by any person, including a third party, whether or not authorized or permitted by You. The Service(s), Software, and the Content(s) embody intellectual property that is protected by law. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
Where permitted under applicable law, You and Hoichoi agree that each other may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under applicable laws, unless both You and Hoichoi agree otherwise, the court may not consolidate more than one person’s claims with Your claims, and may not provide over any form of a representative or class proceeding.
Hoichoi offers a referral program (https://www.hoichoi.tv/referral) for android and Website Users who have a Direct Subscription that enables Users to bring their friends and family to the Service(s) in return for a reward. The terms and conditions of the referral program will be governed by the Hoichoi Referral Code.
Last Updated: 21st May 2021 Hoichoi Technologies Pvt. Ltd.