Unless otherwise specified, MBC Play is available for individuals who have attained the age of majority in their jurisdiction. In the case of Indian jurisdiction, this service is restricted to Users below the age of 12 also referred to as minors. If You are under the relevant age of majority in Your jurisdiction, you may only access the Website/ Application and avail of the Services only in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In India, by browsing or downloading and/or installing and/or using MBC Play application , You represent and warrant that YOU are 18 years of age or older and in case YOU are less than 18 years of age, You have taken consent of Your parent or guardian. SOME CONTENTS OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER'S DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY MINORS. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE.
2. PERSONAL USE:
The MBC Play service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your MBC Play membership, we grant you a limited, non-exclusive, non-transferable right to access the MBC Play service and view MBC Play content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. You further agree not to use our packages for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to copyright laws. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services and further actions and remedies will be taken, as provided in law. MBC Play shall have the discretion to make certain or all Content that is a part of the Subscription available to You on either one or limited number of end user device concurrently.
3. GEOGRAPHICAL CONDITION:
MBC Play is available in select countries only. MBC Play would not be held responsible for hindrances in the access and use of MBC Play due to geographical change in Your location. Further, YOU will be solely liable for accessing and using MBC Play in the countries of Your use. Your subscription to MBC Play in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by MBC Play. You will be required to re-subscribe to MBC Play in the event that you wish to use the services from a different territory other than the one from where you originally subscribed to MBC Play.
You will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use MBC Play and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider. MBC Play is compatible on selected operating systems and specific versions and devices. The download procedure of the Application shall be subject to the process specified by the operating system of Your device(s). You need to have a device connected with Internet for download of MBC Play Application to begin and complete. MBC Play shall not be responsible in case of any fluctuation in the Internet connection speed leading to corruption of Application file download or any delayed or defective download of the Application on Your Device(s). MBC Play may, at its sole discretion, make bug fixes and updates for the installed Application. In the event MBC Play has upgraded the Application or any features thereof, You will be required to update Your Device in order to make the Device compatible with such upgrades. MBC Play shall not be responsible or liable to You in the event You are unable to access MBC Play or view the Content on MBC Play due to Your failure to upgrade Your Device.
To register for the MBC Play payment services, You shall be required to open an account by completing the registration process by providing us with your current, complete and accurate information as prompted by the applicable registration form; You shall also choose a password and a user name. MBC Play reserves the right to suspend or terminate Your registration as a Registered User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As a Registered User, You shall be responsible for safeguarding Your password and for all transactions undertaken using Your username and password. You agree not to disclose Your password to any third party and to take sole responsibility for any activities or actions under Your account, whether or not You have authorized such activities or actions. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences, i.e., above the age of majority, is not accessed by children. Hence, you may not share your log in credentials with your children. It is Your sole responsibility to change Your password immediately if You believe that Your password has been compromised. MBC Play will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your Username and password in any circumstances. You expressly agree to absolve MBC Play and/or the MBC Play Website/ Application of any responsibility/ liability in this regard. We reserve the right to refuse service to anyone for any reason at any time.
6. BILLING AND ACCOUNT INFORMATION:
By subscribing to MBC Play, you are expressly agreeing that MBC Play is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of MBC Play’s Service through any such payment method/ instrument including but not limited to credit/debit card, net banking or other payment method/ instrument accepted by MBC Play ("Payment Method") that you have provided. The Payment Methods will differ from platform to platform (operating systems). The length of the billing cycle will depend on the type of Subscription that you choose when you sign up for services. The Subscription Fee will be billed at the beginning of Your Subscription membership and on each subsequent renewal (as per the Subscription plan chosen by You) unless and until You cancel Your Subscription or the Subscription is otherwise suspended or discontinued pursuant to these Terms. In the event you desire to discontinue your subscription, you may contact us at info@MBC Play online in order to obtain assistance in this regard. Depending on packages and/or value added services and the term of the proposed subscription, You will be required to make payment via a Payment Method provided by MBC Play for accessing and browsing MBC Play. If You wish to avail of MBC Play after the expiry of the initial term of Subscribed Packages, You shall, prior to the expiry of such term, recharge Your account with the then prevailing subscription charges. The Subscription or any information with respect to same is not transferable to any new or existing account under any circumstances. However, any changes in the Subscription Plan opted by You is effective only after the expiry of the current Subscription period for which You have already been billed. Accordingly, the Subscription as per revised plan opted by You, shall be effective only after the expiry of the then current Subscription period. You agree to provide current, complete and accurate account information for all subscriptions. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.
To be able to view certain premium content ("Premium Content"), you will be required to subscribe to any one subscription plan ("Plan") on MBC Play Website/ Application. Any Registered User can avail the Subscription Package ("Subscription User"). As Subscription User, you will be required to subscribe to Subscription Packages made available by MBC Play from time to time. The subscription to Subscription Packages may be subject to additional terms specified by MBC Play. MBC Play reserves the right to modify or discontinue Website/ Application at its sole discretion with or without notice to You. MBC Play shall not be liable to You or any third party in any manner, should MBC Play exercise its right to modify or discontinue Website/ Application. Further, MBC Play reserves the right, at any time, with or without notice and without any liability, to change, terminate or otherwise amend the Subscription Plans, Subscription Fees for the Subscription, billing Cycle and any part of MBC Play Services at its sole discretion and at any time. Such amendments shall be effective upon posting on the site/app and your continued use of the services shall be deemed to be your acceptance of such amendments. Further, MBC Play reserves the right to change, supplement, alter or remove packaging and introduce base and add on packages and/or offer content on individual basis that is subject to subscription as it deems fit. MBC Play does not guarantee the availability of a specific content or minimum amount of content that is subject to subscription fees. Additionally, MBC Play shall have the right, but not the obligation, to refrain from providing to You any Content in the interest of national security or in the event of emergency/ war or similar situation or if the Content is anti-national, promotes political/ religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or MBC Play otherwise determines that it is objectionable or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of MBC Play subscribers or the general public.
8. PAYMENT GATEWAY:
To use the MBC Play service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, You must use Your own credit card and/or debit card and/or net banking account and/or cash card. You confirm and acknowledge that You are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, You may be directed to an external payment gateway page. The payment gateway may redirect You to other website(s) maintained or controlled by third parties, and MBC Play does not control such third party website(s) and hence is not responsible for any transactions on such website(s). MBC Play will not be liable for any credit card or debit card or net banking or cash card fraud, and MBC Play will not entertain or address any such grievances or issues. You are requested to communicate all grievances related to such issues to Your bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. MBC Play shall not be responsible for all or any dispute or difference relating to online payment made by You through credit card or debit card or net banking account or cash card or via any other mode available. Further, MBC Play will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of your credit/debit card and net banking confidential and do not share any such details with any other third party.
9. NO REFUNDS:
The Subscription Fees once billed are non-refundable irrespective of whether the Subscription has been used by You or not and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of current billing period.
10. ACCOUNT ACCESS:
The member who created the MBC Play account and whose Payment Method is charged (the "Account Owner") has access and control over the MBC Play account and the MBC Play ready devices that are used to access our service and is responsible for any activity that occurs through the MBC Play account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the MBC Play ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. If MBC Play reasonably believes that an account and password is being misused in any manner, MBC Play reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. You agree to notify MBC Play immediately of any unauthorized use of your account or any other breach of security. MBC Play will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by MBC Play or another party due to someone else using your account or password.
11. AVAILABILITY & QUALITY:
The availability of content(s) to view through Website/ Application will change from time to time at the sole discretion of MBC Play. The quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/ or speed of your internet connection, and/ or quality of user’s hardware. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. The time it takes to begin watching MBC Play content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your MBC Play ready device. Subscriber must have a good internet connectivity able to play video at a minimum speed of 500 kbps. Moreover, subscriber must have a mobile android phone or tablet of version 7.0 or higher of IOS, ipad of version 11 or higher.
12. RESTRICTIONS & PROHIBITED USES:
You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sub-license, assign, pledge, loan, or resell the Content of MBC Play. You shall only use MBC Play on Device(s) that is / are under Your exclusive control and ownership. You shall not permit any third party to benefit from the use or functionality of MBC Play, either directly or via any facility management, time-sharing, service bureau or any other arrangement. If You transfer possession of any copy of MBC Play to another party, Your subscription of MBC Play shall automatically get terminated and further actions shall be taken against you as per law and legal remedies available. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device(s), program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of MBC Play or any Content, or in any way reproduce or circumvent the navigational structure or presentation of MBC Play or any Content, to obtain or attempt to obtain any material, document or information through any means not purposely made available through MBC Play . We reserve the right to bar any such activity. You shall not probe, scan or test the vulnerability of MBC Play website or any network connected to MBC Play nor breach the security or authentication measures on MBC Play or any network connected to MBC Play. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to MBC Play to its source. You also agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of MBC Play or any systems or networks connected to MBC Play. You may not pretend that You are, or that You represent someone else or impersonate any other individual or entity. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through MBC Play, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party advertiser. We shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such dealings or as the result of the presence of such third party advertisers . You acknowledge and agree that MBC Play is not responsible or liable for: 1. the availability or accuracy of such websites or resources; or 2. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MBC Play of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from Your use of any such websites or resources. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on MBC Play and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of MBC Play, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using MBC Play, You acknowledge and agree that We shall not be responsible for the use of any personal information that You publicly disclose or share with others on MBC Play . In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, harm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website/ Application for violating any of the prohibited uses.
13. WARRANTIES AND LIMITATIONS ON LIABILITY:
You expressly agree that your use of the website/ application is at your sole risk. The MBC Play service, website, application and access to optional tools is provided "as is" and " as available" without warranty, representations or condition of any kind and without any endorsement. Its affiliates expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non- infringement). Neither MBC Play nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Website/ Application or the content of any web sites, personal social media or other internet or mobile resources linked to the Website/ Application and assume no liability or responsibility for any errors, mistakes, or inaccuracies of content. In no case shall MBC Play , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any packages procured using the service, or for any other claim related in any way to your use of the service or any package, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages; in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. In particular, we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third- party provider(s)
14. THIRD-PARTY LINKS:
You acknowledge and agree that certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the subscriptions or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third- party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
15. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Website/ Application or any parts thereof. You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure including, without limitation Geo-filtering and/or encryption, etc., associated with Website/ Application content. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
16. CHANGES TO TERMS OF SERVICE:
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
The relationship between MBC Play and You is on a principal-to-principal basis. You are in no way MBC Play ’s legal representative, partner or agent for any reason whatsoever.
21. COPYRIGHT INFRINGEMENT NOTIFICATION:
MBC Play respects the intellectual property rights of others. Upon proper notice, MBC Play will remove User Submissions (and any other Website/ Application content) that violates copyright law. As per the provisions of Information Technology Act, 2001 and any amendments made thereto along with the rules framed thereunder and the provisions of the Copyright Act, 1957 along with all the amendments made thereto and rules framed there under, MBC Play shall remove upon receiving written notification of claimed copyright infringement on the Website/ Application and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send a notification of claimed infringement (an "Infringement Notification") that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit MBC Play to locate the material on Website/ Application; (iii) information reasonably sufficient to permit MBC Play to contact You, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by You that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by You, made under penalty of perjury, that the above information in your notification is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) Your physical signature. By submitting an Infringement Notification, You acknowledge and agree that MBC Play may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice. INFRINGEMENT NOTIFICATION IS TO BE SENT TO: Mauritius Broadcasting Corporation, Moka, Mauritius.
22. ERRORS, INACCURACIES AND OMISSIONS:
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, availability etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel subscription(s) if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have subscribed to the packages. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
You agree to indemnify, defend, and hold harmless, MBC Play , its parent, subsidiaries, affiliates, partners, officers, directors, consultants, agents, licensors, contractors, sub-contractors, service providers, suppliers, interns and employees ("indemnified parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such indemnified parties may incur as a result of or arising from (i) any information (including, without limitation, your user generated content, feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through MBC Play ; (ii) your (or anyone using your account's) use of MBC Play ; (iii) your (or anyone using your account's) violation of these terms; or (iv) your (or Anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. MBC Play reserves 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 cooperate with MBC Play in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the site.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect validity and enforceability of any other remaining provisions.
25. GOVERNING LAW:
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Mauritius.
26. ENTIRE AGREEMENT:
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between You and MBC Play and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and MBC Play (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
27. CUSTOMER SUPPORT:
To find more information about our service and its features or if you need assistance with your account, write it to us on firstname.lastname@example.org.