TERMS AND CONDITIONS – DISNEY+ HOTSTAR REFERRAL PROGRAM
These Terms and Conditions apply to Disney+ Hotstar Referral Program (“Referral Program”). By participating in this Referral Program, it is construed that you have read and understood the Terms and Conditions set forth below and agreed to abide by the same.
1. ELIGIBILITY
1.1. Android and Web users with existing Disney+ Hotstar Premium or Disney+ Hotstar VIP subscription purchased directly through the platform (“Referrer(s)”) are eligible to participate and avail the benefit of this program. Users with subscriptions purchased from third parties through iOS, BSNL, Jio STB, Tata Sky Binge or as part of a bundle pack are not eligible to participate or avail the benefit of this program.
2. HOW THE PROGRAM WORKS
2.1. This referral program enables Referrers to share a unique referral link (“Referral Link(s)”) to friends, family or any other personal connections through various means of communication, including Email, Text messages, WhatsApp and other Social media platforms. Any person who purchases an annual Disney+ Hotstar Premium or Disney+ Hotstar VIP subscription through this referral link is termed as “Referee(s)”, and upon successful purchase of the subscription, both Referrer and Referee receive a 1 month (30 days) complimentary extension to their subscription (“Benefit”). To clarify, Disney+ Hotstar Premium users will receive the Benefit on their Premium subscription, and Disney+ Hotstar VIP users will receive the Benefit on their VIP subscription upon a Valid Referral.
3. VALID REFERRAL
3.1. In order to qualify as a Valid Referral and avail Benefit, the Referee must not be an existing or subscriber of Disney+ Hotstar (“Platform”) and must purchase a fresh subscription through the Referral Link. The Referral Link can only be applied to purchase an annual subscription of Disney+ Hotstar Premium or Disney+ Hotstar VIP subscription and cannot be utilized to purchase monthly subscriptions.
3.2. For the purposes of these Terms and Conditions, a Subscription will only be deemed to have been effectuated by when the Referral Link shared by the Referrer is utilized by the Referee to purchase a Disney+ Hotstar annual subscription . The Referral Link will only be considered to have been utilized if Disney+ Hotstar's internal system log recognizes the Referral Link and the consequent purchase arising therefrom as valid. Any decision with regards to whether a Referral Link has been utilized or not shall be made solely at Novi Digital Entertainment Pvt. Ltd. (“Novi” – the entity owning and operating Disney+ Hotstar) discretion and shall be final and binding. 4. SHARING REFERRAL LINKS
4.1. Referral Links can only be shared for personal and non-commercial purposes to personal connections such as friends, family, colleagues under these Terms and Conditions. Referral Links cannot be advertised, marketed, or shared in any manner for commercial purposes (such as on voucher websites, reddit, wikipedia, blogs, mass emailing etc.) The Referral Links are to be shared in a way in which there is reasonable basis for believing that all the recipients are personal connections.
5. MULTIPLE REFERRALS
5.1. There is no maximum limit on the number of times the Referrer may share a
Referral Link . In case multiple Referral Links sent by the same Referrer are redeemed, the Referrer can avail repeated 1 month extensions to his existing subscription upto a maximum of 6 months. To clarify, even if more than 6 Referral Links sent by a single Referrer are successfully redeemed by various Referees, the Referrer’s complimentary extensions will not extend beyond 6 months.
5.2. The Referee can use only one (1) referral link to purchase his subscription and avail the Benefits of the Referral Program. If a Referee receives Referral Links from multiple Referrers, only the Referrer whose Referral Link is used by the Referee will receive the Benefit of 1 month complimentary membership extension along with the Referee.
6. RESTRICTIONS
6.1. The Benefits under this Referral Program is applicable only on purchase of a fresh subscriptions through the Referral Link and cannot be utilized to upgrade a pre-existing subscription.
6.2. Referees cannot use both Referral Link or Discount Code to purchase their subscription. In case a Referee attempts to purchase a subscription using the referral code and applies a discount coupon, the Referee will only get the benefit of the discount coupon and not this Referral Program.
6.3. In case a Referral Link shared by a Referrer is redeemed after expiration of the Referrer’s own subscription, the benefits under this Referral Program cannot be availed by the Referrer. This will have no impact, however, on the Benefits applicable to the Referee under this Referral Program and the Referee will be eligible for the complimentary 1 month extension on their newly purchased subscription.
6.4. In case a Referrer upgrades his subscription from Disney+ Hotstar VIP to Disney+ Hotstar Premium, the benefits in the form of 1 month complimentary extension to subscription will not be carried forward to the upgraded subscription offering. To clarify, in case a Referrer has availed 1 month complimentary extension to his VIP subscription as a result of sharing Referral Links, this extension will be cancelled if the Referrer upgrades to a Premium subscription before the expiry of his VIP subscription.
6.5. Referrers cannot use their own Referral Link to purchase a subscription. Referrers can only avail the benefit of the Referral Program upon a valid referral under these terms to another Referee.
6.6. The Referral Program is valid for user in India and for purchase of subscription on the Disney+ Hotstar platform in India.
7. RELATIONSHIP
7.1. Neither these Terms and Conditions, the relationship created pursuant to these Terms and Conditions, nor any course of dealing between you and Novi is intended to create, or shall create, an employment relationship, a joint venture, partnership or any similar relationship. You agrees that you are not entitled to any of the rights or benefits afforded to Novi employees.
7.2. You are not bound in any way to participate in this Referral Program. Any participation is voluntary.
8. INDEMNITY
8.1. You shall indemnify, defend and hold harmless Novi and its employees, directors, officers, and agents from and against any claim, loss, actions, damages, penalties, liability, expenses, cost (including reasonable attorneys' fees and court fees) arising out of (i) any breach of warranty, representation, obligation, or undertaking made by the you under these Terms and Conditions; (ii) the misconduct or negligent acts or omissions by you; or (iii) any breach of applicable law by you.
9. LIMITATION OF LIABILITY
9.1. Novi shall not be liable to for any indirect, punitive, special, incidental or consequential damages arising out of or in connection with the Referral Program.
10. GOVERNING LAW AND JURISDICTION
10.1. These Terms and Conditions shall be governed by the laws of India, without giving effect to any choice of law or conflict of law rules. These Terms and Conditions would be modified / discontinued based on the prevailing law /regulation at any point of time and Novi shall be under no liability or obligation or continue implementation of the Referral Program till such time the terms are modified as per the prevailing/ amended law at that point of time. In the event, that the Referral Program cannot be continued without total compliance of the prevailing law at any point of time, this Referral Program shall be deemed to be terminated forthwith from the date when the amended law restricting / prohibiting the Referral Program comes into force.
10.2. To the extent permitted by applicable law, the Referrer agrees that any and all disputes, claims, and causes of action arising out of or relating to these Terms and Conditions shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of New Delhi.
11. SEVERABILITY
11.1. If any provision of these Terms and Conditions is held to be unenforceable or invalid, the said provision shall be modified to the extent necessary or struck, and, in any event, the remaining provisions will continue to be valid and enforceable.
12. NO WAIVER
12.1. Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision
13. RIGHT TO DISQUALIFY
13.1. Novi reserves the right to disqualify You from the benefits of the Referral Program, if any fraudulent activity is identified as being carried out by You for the purpose of availing the benefits under the Referral Program or otherwise by use of the service.
14. TAXATION
14.1. Any taxes, duties, levies or liabilities or charges payable to the Government or any other authority or body, if any, shall be borne directly by You and Novi will not be liable in any manner whatsoever for any such taxes, duties, levies or other statutory dues.
15. MODIFICATION OF THESE TERMS AND CONDITIONS
15.1. Novi reserves the right at any time to add, alter, withdraw, modify or change or vary any or all the terms and conditions of the Referral Program at its discretion and the same shall be binding on the you at all times. Novi also reserves the right to discontinue the Referral Program without assigning any reasons or without any prior intimation whatsoever to you.