hoichoi Terms of Service

hoichoi Terms of Service

Terms of Service
DEFINITIONS

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.

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 means a natural or legal person who accesses Hoichoi Platform(s) whether or not availing 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, pertaining to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Hoichoi owns and controls the domain name www.hoichoi.tv (“Website”) . The Hoichoi Platform(s) allows users to access and view a variety of audio and audio-visual content including, inter alia, movies, web series, web films, music and videos, trailers of upcoming series and movies, music videos (collectively, “Content(s)”) that is streamed over the internet to the Devices with minimum system requirements more particularly illustrated under Clauses 3.5 and 3.6 of this Terms of Use.

For the purpose of these Terms of Use, wherever the context so requires “Company”, “Our” or “Us” means Hoichoi and “You”, “Your”, “Yourself” or “User/ Subscriber” shall mean any natural or legal person who uses, accesses or avails the Hoichoi Platform(s).

Your use of the Hoichoi Platform(s), access to Content(s) and/ or Service(s) are governed by the “Terms of Use” and the “Privacy Policy”. Your mere use or access of Hoichoi Platform(s) constitute Your acceptance of this Terms of Use and the Privacy Policy accessible at www.hoichoi.tv/terms-of-use AND www.hoichoi.tv/privacy-policy respectively; and any other terms which govern the Hoichoi 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 unauthorised.

DESCRIPTION OF SERVICES

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.

The following standard for age classification in relation to Content(s) has been adopted

Content which is suitable for children as well as people of all ages are classified as ―U rating;


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;


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;


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


Content which is restricted to adults are classified as ―A 18+ rating.


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.

The Website works best with

Latest version of Google Chrome;


Latest version of Firefox;


Latest version of Safari;


Latest version of Microsoft Edge;


Microsoft Windows 10 or above;


JavaScript and cookies enabled.

The App work best with a minimum system requirement of

Android v.5.0 or above;


iOS 9 or above;


Android TV 2.0.21 or above;


Apple TV- OS 10.0 and above;


Samsung TV- 2017 and above models;


LG TV- 3.0 and above;


Fire TV- 2.0.21 and above;


Chromecast- SDK Version 21 and above.


Jio - 2.0.21 or above;


MI TV - 2.0.21 or above;

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.


Hoichoi reserves the right, at its sole discretion, to modify streaming limits from time to time without any obligation to give prior notice to You, or updating, revising, and/or supplementing this Terms of Use.

SUBSCRIPTION & PAYMENTS
DIRECT SUBSCRIPTION

To facilitate Your viewership of Content(s) and access the Service(s), Hoichoi 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 Hoichoi Platform(s) by providing certain information(s) and payment of Subscription Fee as per Your chosen “Membership Plan”, through any of available Payment Gateway(s) (Refer Payment Gateway(s) section of this Terms of Use), or through subscription via partners (Refer Subscription via Partners section of this Terms of Use).


Hoichoi may, at its sole discretion, offer different Membership Plan(s) corresponding to different subscription period, 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 subscription section in Account Info page in both App and Website.


SUBSCRIPTION VIA PARTNERS

Subscription via Partners includes authorised third parties (“Authorised Partner”) including without limitation telecom operators, e-commerce platforms, streaming services, broadcast channels, internet service providers, retail point of sale among others offering access to Hoichoi Platform(s), whether or not in conjunction with their own products and services. It being clarified that we take no liability for the products and services provided/offered by the Authorised Partner.


Subscription through Authorised Partner will be additionally governed by such terms, conditions and limitations as may be provided by the Authorised Partner. Any Subscription related issue including but not limited to payment related concerns or cancellation of Subscription will be required to be settled between You and the Authorised Partner, without recourse to Hoichoi.


Hoichoi reserves the right to manage, prioritise, or decline multiple subscriptions if availed through multiple Authorised Partner(s) and/ or through Direct Subscription to prevent fraud and abuse.


Notwithstanding the above, the use of Service(s) and streaming of Content(s) will be governed by this Terms of Use and accompanying Privacy Policy.

GIFT A SUBSCRIPTION

Hoichoi may at its sole discretion facilitate the option to gift a subscription. “Gift a Subscription” can be purchased from https://gifthoichoi.com/ by providing certain personal information(s) of the intended donee (receiver of the gift), and payment of Subscription Fee as per available Membership Plan(s) by the donor (buyer of the gift). After successful charge, the donee shall be deemed to be a Subscriber for the purposes of availing the Service(s) and this Terms of Use and corresponding Privacy Policy shall apply.


The donee can avail the Services by entering the phone number registered while purchasing the “Gift a Subscription” as log-in credential followed by an OTP verification.


All “Gift a Subscription” are non-refundable. Neither the donor or the donee will be entitled to any compensation- monetary or otherwise, from Hoichoi for non-use of Subscription.

PAYMENT METHODS

You understand and acknowledge that to facilitate the payment of Subscription Fee Hoichoi accepts payment via following means: (i) top-up cards, coupons, vouchers etc as available at select offline stores at select locations; and (ii) third-party payment gateways, viz. debit card, credit card, internet banking, e-prepaid wallet, etc. (“Payment Gateway(s)”)


You are, therefore, required to follow all the terms and conditions mentioned on the top-up card or prescribed by such Payment Gateway(s).


You are responsible for the accuracy and authenticity of the information provided by You while availing the services of Payment Gateway(s), including the bank account number/ card details and the likes. You agree and acknowledge that Hoichoi shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without
limitation any losses due to delay in processing of payment instruction or any credit card fraud including but not limited to hacking, phishing, breach of security/ encryption of the Your debit / credit card number or PIN


While availing Subscription from a country other than India and transaction is in a currency other than Indian Rupees, the exchange rates for the purposes of calculating the Subscription Fee will be based upon the exchange rates published by the Payment Gateway(s) on such date and Hoichoi disclaims any and all liabilities in relation to the exchange rate and payment processing through such Payment Gateway.


You cannot change your Payment Gateway during a running Billing Cycle. If Your selected Payment Gateway is no longer accessible to you or has expired or not available or fails for whatsoever reason, You will be responsible and liable for any uncollected amounts and Hoichoi reserves the right to terminate the Subscription offered to You.


You may write to us by sending an e-mail to support@hoichoi.tv for a complaint related to payment processing with respect to Direct Subscription, and the same will be forwarded to the concerned Payment Gateway provider for redressal.

BILLING CYCLE

Your Subscription may start with a free trial (Refer Free Trial section of this Terms of Use). Hoichoi will automatically charge You against Your chosen Membership Plan via Your selected Payment Gateway, upon completion of free trial period, unless You cancel Your Subscription before the end of Trial Period.


For Users not eligible for free trial (Refer Free Trial section of this Terms of Use), the Subscription Fee and any other charges that may be incurred in connection with Your use of the Service will be charged immediately against Your chosen Membership Plan. If permitted by Your chosen Payment Gateway(s)), you will be charged automatically on the next billing date and on each subsequent renewal, unless and until You cancel Your Subscription or Your Subscription is otherwise suspended or discontinued pursuant to this Terms of Use. If a recurring charge is not permitted by Your chosen Payment Gateway(s), you can choose to either extend or upgrade or re-subscribe your chosen Membership Plan. The next billing date is indicated under subscription section in Account Info page in both App and Website.


The length of your Billing Cycle will depend upon the Membership Plan chosen by You. However, any change in Membership Plan by You shall result in changing the (next) billing date and the Membership Fee. To check Your current Membership Plan, next billing date, or Membership Fee see subscription section in Account Info page in both App and Website or write to Us by sending an e-mail at support@hoichoi.tv.

CANCELLATION

You can cancel 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 Hoichoi for the unutilised period.


To check when Your Billing Cycle will end, see subscription section in Account Info page in both App and Website or write to Us by sending an e-mail at support@hoichoi.tv


To cancel renewal of Your Subscription, write to Us by sending an e-mail at support@hoichoi.tv 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 Hoichoi 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 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, Subscription Fee paid may be adjustable against purchase of an upgraded Membership Plan by You prior to the expiry of your current Membership Plan.


Hoichoi reserves the right to change Membership Plan(s) and Subscription Fee for Services from time to time. Any such change(s) will be effective after completion of Your current Billing Cycle.

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.

FREE TRIALS

Hoichoi may choose to offer You, at its sole discretion, a free trial with Your Subscription.


Your eligibility for the free trial and the term of such free trial shall be determined by Hoichoi at its sole discretion, and the terms and conditions governing such free trial may be modified, suspended or terminated by Hoichoi at any time without any obligation to give prior notice. Further, Hoichoi reserves the right to revoke and put Your free trial/ Subscription, as the case may be, on hold to prevent free trial abuse.


Free trial is intended for new-users to try the Service(s). Free Trial is not available through Payment Gateway(s) available on Hoichoi Platform(s). Free trial can only be availed if Subscription is through iTunes, Google Pay Services, or Amazon Pay Services, or such other associations that Hoichoi may add from time to time.


Your selected Payment Gateway will be automatically charged the Subscription Fee after the end of free trial period, unless You cancel Your free trial subscription prior to the end of free trial period. Upon expiry of the trial period, Hoichoi shall automatically start billing You as per Your chosen Membership Plan without any further reminder/notification. Your Subscription Fee will be charged to Your Payment Method on the (next) billing date which can be accessed from subscription section in Account Info page in both App and Website.

DISCOUNTS

Hoichoi may choose to offer You, at its sole discretion, discounts on the Subscription Fee against available Membership Plans.


Your eligibility for the discounts and the term of such discounts shall be determined by Hoichoi at its sole discretion, and the terms and conditions governing such discounts may be modified, suspended or terminated by Hoichoi at any time without any obligation to give prior notice. Further, Hoichoi reserves the right to revoke and put Your Subscription on hold in the event of any suspicious activity and/or to prevent abuse of discounts and offers.

ELECTRONIC COMMUNICATIONS

When You use the Service(s) or send any data, information or communication to Hoichoi, You agree and understand that You are communicating with Hoichoi through electronic media/ records and You consent to receive communications from Hoichoi periodically. Hoichoi 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 as adequate service of notice/ electronic record.


You give consent to Hoichoi or its Affiliates and Authorised Partners contacting You during Your Subscription for any purpose including but not limited to: (i) obtain feedback on Service;(ii) for offering new products or services, whether offered by Us or Our respective Affiliates and/ or Authorised 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 the Services

You conform thak all data/ information submitted by You during sign-up to Hoichoi 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 Privacy Policy available at: https://www.hoichoi.tv/privacy-policy


You acknowledge, consent and agree that Hoichoi 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 co-operate 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 Hoichoi, affiliates, its users and the public.


You agree and acknowledge that Hoichoi shall have the right to temporarily suspend access for technical/operational reasons, without giving prior notice. Hoichoi will restore access to the Services as soon as reasonably practicable after temporary suspension.

You agree and acknowledge that Hoichoi shall be under no liability in case of non-availability of access to Hoichoi 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 Hoichoi (“Force Majeure Event”).


You will be solely responsible for maintaining and updating your device as per 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 plan from Your internet service provider. You acknowledge that Hoichoi 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 non-availability of an active internet connection.


You agree that Hoichoi and/or its affiliates own and/or retains 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 hoichoi, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, trade secret, and other intellectual property laws. The Service(s), Software, and the Content(s) embody intellectual property that is protected by law.


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 that no right, title or interest in any Content will be deemed transferred to You.


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.


You agree that different jurisdictions may offer different type of Membership Plans to Service. Accordingly, 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.


You agree to refrain from making available Your subscription credentials to any other persons(s), or in any manner communicate Content(s) to other person(s).


You will not interfere with, damage, disable, disrupt, impair, gain undue access to Hoichoi 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 Hoichoi including Company Servers, the Website, and/or the App. If You do so, You acknowledge You will have caused substantial harm to Hoichoi, which is extremely difficult to measure. Hoichoi reserves the right to grant or block your access to Service(s) and institute relevant proceedings against You in law or equity;.


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 Hoichoi’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 Hoichoi.


You may encounter third party applications while using the Website or Apps including, without limitation, websites, widgets, software, 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 Hoichoi shall not be liable for any representations or warranties or obligations made by such third party applications to You under contract or law.


You authorize and give consent to Hoichoi 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 id’s, etc. You agree and confirm that any such message(s) or call(s), does not make Hoichoi 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.

TERMINATION OF SERVICE

Your Subscription will be terminated at the end of the Billing Cycle or upon cancellation in case of a recurring Subscription. For Subscriptions availed through Authorised Partner, the Subscription will continue till the continuance of Your association with the Authorised Partner or continuance of Our association with the Authorised Partner or end of Billing Cycle, whichever is earlier.


Hoichoi reserves the right to immediately terminate, suspend, limit, or restrict Your Subscription or Your use of the Service or access to Content at any time, without notice or liability, if Hoichoi so determines in its sole discretion, for any reason whatsoever, including but not limited to that You have breached these Terms of Use, the Privacy Policy, provide fake or inaccurate information, any violation of applicable laws, or engaged in illegal or fraudulent use of Service.


Hoichoi also reserves the right to terminate, suspend, limit, or restrict Your Subscription or Your use of the Services or stream Content if subscription credentials are compromised in any way(s) whatsoever. You agree and acknowledge that You are responsible for the safe-keeping of Your subscription credentials and will not reveal the subscription credentials to anyone.

USER MATERIALS
Subscribers may have the option to publish, submit, or otherwise post reviews and comments or publicly communicate with other Users of the Service(s) (collectively, “User Material”). With respect to such User Materials, You agree to comply with this Terms of Use and all applicable laws of Your jurisdiction. In addition, You acknowledge to adhere to the following terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that

belongs to another person and to which You do not have any right to;


is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;


harms minors in any way;


infringes any patent, trademark, design, copyright or other proprietary rights;


violates any law for the time being in force;


deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;


impersonates another person;


contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;


threatens the unity, integrity, defense, 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.

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.


You agree that Hoichoi shall have the right but no obligation to monitor User Material and to restrict or remove User Material(s) that Hoichoi may determine, in its sole discretion, is inappropriate, or violates any of this Terms of Use.

LINKED DESTINATIONS AND ADVERTISING

Hoichoi Platform(s) may contain advertisements and other materials submitted to Hoichoi by third parties and/or links to third party sites and third party content. Hoichoi expressly disclaims any liability arising out of the usage, streaming or access to content, products or services advertised on Hoichoi Platform(s) or the (third party) content made available / hosted on the third party sites. You acknowledge that Hoichoi does not endorse or sponsor such third party sites, content, advertising or such other materials and Hoichoi takes no responsibility for any loss, or harm caused due to usage, access, or streaming of the products and/ or services provided by advertisers. Any dealings that You may have with an advertiser while using the Services are between You and the advertiser and You agree that Hoichoi is not liable for any loss or claim that You may have against an advertiser.


Any and all links to third party website, destinations, or services are subject to and governed by such party’s terms and conditions, and/or privacy policy(s). Hoichoi in any way is not connected with, operates, controls, such websites or destinations. Hoichoi is not responsible for the content or practices of any website or destination other than the Services on Hoichoi Platform(s), even if it links to the Website and/ or App and even if the Website/ App or destination is operated by a company affiliated or otherwise connected with Hoichoi.

GRIEVANCE REDRESSAL SUPPORT
Technical

Any and all links to third party website, destinations, or services are subject to and governed by such party’s terms and conditions, and/or privacy policy(s). Hoichoi in any way is not connected with, operates, controls, such websites or destinations. Hoichoi is not responsible for the content or practices of any website or destination other than the Services on Hoichoi Platform(s), even if it links to the Website and/ or App and even if the Website/ App or destination is operated by a company affiliated or otherwise connected with Hoichoi.

Content Grievance
If You have any complaints with respect to any Content currently available in India and/or accessed from India, or its age ratings, content descriptors, synopsis, and/or parental control features or User Material(s) then such correspondence should be posted to the attention of Grievance Officer, Mrs. Rohini Ghosh by sending electronic mail to content-grievances@hoichoi.tv, in the following format:

Name of the complainant:


E-mail address of the complainant:


User log-in ID of the complainant: (Please do not share any password/ OTP)


Title of the Content: (With URL’s)


Nature of complaint:


If applicable, please specify the timestamps for the Content in respect of which this complaint is being filed in the following format: [xx minute] – [xx minute]


Details of the basis of complaint:


What relief is being requested;


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.


With respect to User Materials, Hoichoi shall, on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law. You agree and acknowledge that Hoichoi’s responsibility in relation to objectionable User Material is limited to removing them post receipt of Your complaints in accordance with this Terms of Use.


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.

WARRANTIES AND LIMITATIONS ON LIABILITY

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.

INDEMNITY

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.


This indemnification obligation will survive the expiry of termination of this Terms of Use, the Privacy Policy, Your use of Service(s), reservation of rights, and/ or waiver.

GOVERNING LAW AND JURISDICTION

The relationship between You and Hoichoi and this Terms of Use shall be governed and construed in accordance with the laws of India. Any proceeding shall be exclusively before the courts at Kolkata, India.


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.

SEVERABILITY

If any provision of this Terms of Use is held invalid, void, or unenforceable, then that particular provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.

CHANGES

Hoichoi reserves the right, at any time and from time to time, without notice to You, to update, revise, supplement, and otherwise modify this Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Hoichoi Platform(s), and will be effective immediately after such posting and thereafter incorporated into this Terms of Use. Your continued use of the Service will be deemed to constitute Your acceptance of any and all such additional terms.

SURVIVAL

You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of this Terms of Use, the Privacy Policy, Your use of Service(s), reservation of rights, and/ or waiver.

ENTIRE AGREEMENT

This Terms of Use and Privacy Policy constitute the entire Agreement governing Your use of Service(s), suspending any prior agreements between You and Hoichoi regarding such use.

REFERRAL PROGRAM

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.