INTRODUCTION

Being allowed access to www.nxtdigital.in ("hereinafter referred to as "the Website") for IndusInd Media & Communications (hereinafter referred to as "NXTDIGITAL"), you enter into the www.nxtdigital.in user agreement (“Agreement”) on the terms and conditions set out below. Please read this Agreement carefully before accessing or using the web site. By accessing or using the web site, you (“User”) agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, please do not access the website.

Please take a note that W.E.F 21st August, 2020 “IndusInd Media & Communications Limited (Limited (“IMCL”) is now NXTDigital Limited (NXTDIGITAL).

Registration and Acceptance of Terms

In consideration of your use of service of the Website, you agree to (i) comply with the rules (ii) provide accurate, complete and true information about yourself as may be required on any registration form for the service. In order to create your User Account, and (iii) maintain and update, as applicable, your registration information with current and complete information. Users who violate these rules, or provide inaccurate, false or non-current registration information may, at NXTDIGITAL’s sole discretion, have their user account suspended or terminated and may be permanently banned from having any current or future service from the Website.

As part of your user account, you will be responsible for creating and maintaining confidentiality of your username and password. You agree that you will (i) immediately notify the NXTDIGITAL of any unauthorized use of your account, and (ii) ensure that you properly exit all services at the completion of your use session. NXTDIGITAL will have no liability for any loss or damage arising from your use of a user account, the Website or any service or your failure to comply with these requirements.

Non-Commercial Use

This Website and its content are for your own personal non-commercial use only.

Change and amendment in the Website

NXTDIGITAL may change, amend or discontinue any aspect of its Website at any time, including, its content or features, without any notice.

NXTDIGITAL reserve the right to add or change/modify the Website, Website content terms of this Agreement at any point of time. Changes could be made by us after the first posting to the Website at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Website shall be deemed your conclusive acceptance of the modified Agreement.

Intellectual Property

All the contents present on this Website are the exclusive property of NXTDIGITAL and its affiliates, including but not limited to the text, audio, video, graphical images, trademarks and logos (including trade mark "NXT DIGITAL” and/or “INDIGITAL"), All rights not expressly granted herein are reserved. Information displayed on the Website or carried by the Website are protected by copyright, trademark and intellectual property laws.

The User agrees not to either directly or through the use of any device, software, internet Website, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Information or create any derivative work and/or material based on the Information. Unauthorized use of the materials may violate copyright, trademark and other applicable laws, and could result in criminal or civil judicial proceedings.

Disclaimer of Warranties and Liabilities

This Website, site content, services and the product, if applicable, are provided "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" and without warranties of any kind either express or implied.

NXTDIGITAL does not warrant that the availability of products, services or functions contained in the Website, will be uninterrupted or error free or that defect will be corrected or this Website, Website content, or the server that makes them available. You, and not NXTDIGITAL, assume the entire risk as to the quality and performance of the Website, Website content, Website code, service and software.

(repeated below)NXTDIGITAL and its affiliates and associates shall not be liable, at any time for any loss and/or damage arising directly or indirectly (including, without limitation, special, incidental and/or consequential loss and/or damage) arising in contract, tort or otherwise from the use of or inability to use the Website, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Website, its contents or associated services or due to any unavailability of the Website or any part thereof or any contents or associated services or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.

NXTDIGITAL's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

Third Party Links and Content

NXTDIGITAL may occasionally post links to third party Website or other services. You agree that NXTDIGITAL is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from our Website.

Refund / Cancellation Policy

NXTDIGITAL generally discourages refund of amounts credited to user’s wallet account. Under exceptional circumstances and purely based on NXTDIGITAL management’s discretion, a refund may be approved subject to verification of the financial transaction. Under such extreme situations, the user who had conducted a successful transaction should inform NXTDIGITAL office within 24 hours of transaction by giving reasons for seeking refund NXTDIGITAL office shall validate the transaction and upon securing internal clearances, may process for refund, provided the full amount remains unutilized in the wallet.

Indemnification

User agrees to indemnify, its affiliates, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website harmless from and against all losses, expenses, damages and costs including but not limited to attorneys' fees, other expenses that arise directly or indirectly resulting out of or from your breach of this agreement, your violation of the undertaking, representation and covenants as mentioned above and/or your activities in connection with this website.

Termination

You understand and agree that NXTDIGITAL may, at its sole discretion and at any time, suspend or terminate the Users Access, password, user account or use of any service for any reason. as the case may be, at any time, without assigning any reason whatsoever, in addition to the reasons stated in these Terms. The provisions regarding to disclaimer of warranty, accuracy of information and indemnification shall survive such termination. NXTDIGITAL may monitor access to the Website.

You understand and agree that NXTDIGITAL shall not have any liability to you or any other person for any termination of your access to any service and / or the removal of information concerning your account.

Limitation of Liability

NXTDIGITAL reserves the right to use the Information provided by You accordance with the Privacy Policy as set out on the Website. You are hereby requested to read, completely understand and agree to the Privacy Policy before sharing any information with Us.

Severability

If any provision of the terms and condition shall be held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of the remaining provisions.

Force majeure

You agree that that NXTDIGITAL shall be under no liability on-availability of the Website or any portion thereof carry out by Act of God or a force majeure event such as war, disease, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure, epidemic or any other cause whatsoever beyond the control of NXTDIGITAL.

Jurisdiction

The Terms and Conditions set out herein above and the Agreement shall be governed by the Laws of India. The Courts of Law at Mumbai only shall have exclusive Jurisdiction over any disputes arising under this Agreement.

INTRODUCTION

This privacy policy sets out how NXTDIGITAL Limited uses and protects any information that you give, when you use this website. NXTDIGITAL Limited is committed to ensure that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Our Privacy Policy helps explain our information and practices. We also explain the steps we take to protect Your privacy. This Privacy Policy applies to current and former visitors to our website and to our online customers. By visiting and/or using our website, you agree to this Privacy Policy.

NXTDIGITAL Limited may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

NXTDIGITAL Limited provides digital cable and its allied services via satellite, headend-in-the-sky cable distribution etc. the details of which are available on its Website called “Nxtdigital.in” (“Website”) to users within India.

When we say “our”, “we”, or “us”, we’re talking about NXTDIGITAL Limited (“NXTDIGITAL”) (which expression shall include its successors and assigns). This Privacy Policy (“Privacy Policy”) applies to our Website, services, features and software (together, “Services”) unless specified otherwise.

By accessing either directly or through a hyperlink, the Website, and/or purchasing something from us, you engage in our Service and agree to be bound by the terms of service including additional terms and conditions and policies referenced herein and/ or available by hyperlink. These terms of service apply to all users of the Website, including but not limitation vendors, buyers, customers, browser and/ or contributors of content.

This Policy is part of our Terms of Service and applies to the Personally Identifiable Information that is collected in connection with the use of the Website and related services. We have created this Privacy Policy to demonstrate our commitment to the protection of Your privacy and Your personal information. Your use of and access to the Services is subject to this Privacy Policy and Terms. By using the Services or by otherwise giving us Your information, You will be deemed to have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the Privacy Policy. You hereby consent to our collection, use and sharing, disclosure of Your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time. If You use the services on behalf of someone else, You represent that You are authorised by such individual to accept this Privacy Policy on such individual’s behalf, and consent on behalf of such individual or entity to our collection, use and disclosure of such individual’s information as described in this Privacy Policy.

If You do not agree with this Privacy Policy, You must not use our Website and Services.

Age Restriction

The Services are intended for people who are competent to contract under applicable laws. Individuals who are aged more than 13 years but less than 18 years are not permitted to use the Website unless the complete Agreement is seen and agreed by parents or their legal guardians under applicable law. You confirm that You are at least 18 year old or otherwise competent to contract including with consent of Your parent/legal guardian as may be required under applicable law. We wish to strictly clarify that any individual who is below 13 years of age is not permitted to use our Services. NXTDIGITAL assumes no responsibility or liability for any misrepresentation of Your age.

Information Collected

• The Website receives or collects information in the following manner:
  • Information You choose to provide us voluntarily.
  • Information we get when You access or use our Website and Services.
  • Information we get from third parties.
  • We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.

User Obligations:

As a user of the Website or service, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including with not limitation, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and services. You must not share such identifying information with any third party and if You discover that your identifying information has been compromised, you agree to immediately notify Us in writing. You are responsible for safety and security of your identifying information as well as keep Us apprised of any change in identifying information.

Information You Choose To Provide:

• Your Account Information: You provide Your mobile phone number, name and IP Address. You may also add other information to Your account, such as a Name, User name, email id, Set Top Box number, Aadhar Card, Passport details, PAN Card or Driving License, mobile phone number.
• Customer Support: You may provide us with information related to Your use of our Services, including copies of Your messages, and how to contact You so we can provide You customer support. For example, You may send us an email with information relating to our Website performance or other issues at care@nxtdigital.in.

AUTOMATICALLY COLLECTED INFORMATION

• Usage and Log Information: We collect service-related, diagnostic, and performance information. This includes information about Your activity (such as how You use our App and Services, log files, and diagnostic, crash, App, and performance logs and reports.
• Transactional Information: If You use our App and Services for purchase or financial transactions, we may receive payment information such as Your credit or debit card number and other card information, and other account and authentication information, as well as billing, payment receipts, shipping and contact details.
• Device and Connection Information: We collect device-specific hardware and software information when You install, access, or use our App and Services. This includes information such as hardware model, operating system information, browser information, device memory, IP address, mobile network information including phone number, advertising identifiers, unique application identifiers, language, battery level applications installed and device identifiers and time zone.
• Location Information: With Your consent we collect Your device’s precise location information using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses, if You use our location features, such as when You choose to share Your location with Your contacts, view locations nearby or those others have shared with You, and the like, and for diagnostics and troubleshooting purposes such as if You are having trouble with our Service’s location features.
• Information from websites and apps that use our Services: We collect information when You visit or use third-party websites and apps that use our Services. This includes information about the websites and apps that You visit, Your use of our Services on those websites and apps, as well as information the developer or publisher of the app or website provides to You or us.
• Information from third-party partners: We receive information about You and Your activities on and off our Services from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about Your experiences or interactions with them.
• Information collected by Cookies and other Technologies: We use cookies and other technologies, such as pixels, web beacons, web storage and unique advertising identifiers, to collect information about Your activity, language preferences, browser, and device as well as to operate and provide our Services, including to provide our Services that are web-based, improve Your experiences, understand how our Services are being used, and customize our Services as well as measure traffics and usage trends for the Services.

INFORMATION RECEIVED FROM THIRD-PARTY

• Your Information provided by Others: We may receive information other people provide us, which may include information about You.
• 1. Third-Party Providers: We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our App and Services. These providers may provide us information about You in certain circumstances; for example, third party application stores may provide us reports to help us diagnose and fix service issues.

HOW WE USE INFORMATION

• The information collected directly from You or received due to Your use of third party services is used in the following ways:
  • We neither share nor sell without Your consent Your information, including personal information, such as Your mobile phone number and address book and any other information we may collect with any third parties for use for commercial, advertising and or similar marketing purposes without Your consent.
  • Providing our Services: We develop, operate, improve, deliver, maintain and provide our App and Services, including verifying Your account, providing customer support, security, fraud-detection, archival, back-up and improving, fixing, and customizing our Services. We understand how people use our Services, and analyze and use the information we have to evaluate and improve our Services, research, develop, test and monitor new services and features, and conduct troubleshooting activities. We also use Your information to respond to You when You contact us
  • Safety and Security: We care about the security of Your information provided to us. We verify accounts and activity, and promote safety and security on and off our Services, for loss prevention, anti-fraud purposes, investigating suspicious activity and/ or violations of our Terms, and to ensure our Services are being used legally. We maintain technical, physical, and administrative security measures to protect the security of Your personal information against loss, misuse, unauthorized access, disclosure, or alteration. Some of the safeguards we use include firewalls, data encryption and information access authorization controls. We also store, use, and maintain Your personal information using procedures designed to limit its loss, theft, or unauthorized access, use, modification, copying or disclosure. When You enter Your login information and password, we encrypt the transmission of that information between the App and the server. Despite these efforts, You should know that we cannot fully eliminate security risks associated with information. You are also responsible for helping to protect the security of Your information and having a strong password that You’ve not used in other places is important. You hereby consent to provide accurate personal information and undertake not to share/provide/divulge information relating to Your password(s) and account registration to any third-party at any point of time. You hereby consent that all Your data shall be stored on a third party server and archived for a period not exceeding thirty (30) days from the date of deletion of the App from Your device. You shall not hold us responsible or make us liable at any point of time for any third party server issues or problems arising therefrom.
  • No Third-Party Banner Ads: We presently do not allow third-party banner ads on our Services. We have no intention to introduce them, but if we ever do, we will update this policy.
  • Direct Marketing: We will allow You and third parties, like businesses, to communicate with each other using our Services, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing.
  • We may also run contests, special offers or other events or activities ("Events") on the Service. If You do not want to participate in an Event, do not use the particular Metadata (i.e. hashtag or geotag) associated with that Event.

STORAGE OF INFORMATION

• Your information collected through the App, including Your personal information, may be transferred and stored and processed in India and/or other countries outside of Your jurisdiction. Your information, including personal information, may be transferred to jurisdictions that do not have data protection laws which are substantially similar to or serve the same purpose as the laws of Your jurisdiction.
• By registering for and using the Service You consent to the use and disclosure of information about You as described in this Privacy Policy as well as transfer of information to India or to any other country as explained in the preceding clause.
• We use a variety of generally accepted security technologies and procedures for the purpose of preventing loss, misuse, unauthorised access or disclosure of Information – for example, we use encryption technology (such as SSL) to protect certain sensitive Information provided by You to us. Please be aware that despite our efforts, no data security measures can guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. We do not warrant or guarantee the security of our Services or any information You provide to us through our Services.
• We wish to clarify that our Services are not intended for —and we don’t direct them to—anyone who is below the age of 13 years. Therefore, we do not knowingly collect personal information from anyone who is below 13 years of age. However, if You believe that we have any personal information from any children under the age of 13 years, please contact us at care@nxtdigital.in. We will promptly investigate(and remove) such information.

Acceptable Use:

You agree not to use the Website or services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website or Servicces or general business of the Owner.

• You further agree not to use the Website or Services:
  • To harass, abuse, or threaten other or otherwise violate any person’s legal rights;
  • To violate any intellectual property rights of NXTDIGITAL or third party;
  • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  • To perpetrate any fraud;
  • To engage in or create any unlawful gambling Sweepstakes or pyramid scheme;
  • To publish or distribute any absence or defamatory material;
  • To unlawfully gather information about others.

You agree to comply with all applicable laws, statutes, and regulation concerning your use of the Website, and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that is abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or otherwise objectionable, including not limitation material of any kind or nature that encourages conduct that constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, provisional, national or international law or regulations or encourage the use of controllable substance.

Affiliates

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

RETENTION AND SHARING OF YOUR INFORMATION

• We may need to retain, disclose and use Your Information for the following Purposes:
  • To comply with applicable laws and regulations;
  • To comply with a court order, subpoena or other legal process, whether binding on us or any of our affiliates in any jurisdiction;
  • Where we believe it is reasonably necessary to comply with applicable laws or regulations;
  • When we have a good faith belief it is necessary to: detect, investigate, prevent and address fraud and other illegal activity, security or technical issues to protect ourselves, You and others, including as part of investigations
  • Protect the rights, property, and safety of our users and to prevent death or imminent bodily harm.
  • When we have a good faith belief it is necessary to: detect, investigate, prevent and address fraud and other illegal activity, security or technical issues to protect ourselves, You and others, including as part of investigations
  • Information we receive about You may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

Managing Your Information

• If You would like to manage, change, limit, or delete Your information, we allow You to do that through the following tools:
  • Access and Updates: We strive to let You access a/nd update most of the personal information directly through our Website. You can access and update most of Your basic account information right in our Website by visiting the My Profile page. However, we may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful. If You need to access, update, or delete other personal information that we may have, You can put in a request at care@nxtdigital.in. Since Your privacy is important to us, we may ask You to verify Your identity or provide additional information before we let You access or update Your personal information. We will try to update and access Your information for free, but if it would require a disproportionate effort on our part, we may charge a fee. We will of course disclose the fee before we comply with Your request.

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

Intellectual Property Policy: Your Copyrights And Trademarks

NXTDIGITAL Limited is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Service ("Terms") by accessing, or using our Website, services, features and software. Our Terms do not allow our users to violate someone else's intellectual property rights when using our Website, including their copyrights and trademarks.

You agree that the Website and all services provided by NXTDIGITAL are the property of NXTDIGITAL, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“NXTDIGITAL’s IP”). You agree that NXTDIGITAL owns all rights, title interest in and to NXTDIGITAL’s IP and that You will not use NXTDIGITAL’s IP for any unlawful purpose.

Copyright Or Trademark Infringement Claim

You may report copyright and/or trademark infringement under Copyright Act, 1957 and Trademark Act, 1999; and request us to remove any infringing content we may be hosting, by addressing an e-mail to care@nxtdigital.in. with details as set forth below:

Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide Your contact information, including Your name and email address (if provided), the name of Your organization or client who owns the rights in question, and the content of Your report to the person whose content You are reporting. You may wish to provide a professional or business email address where You can be reached.

• A description of the copyrighted work or trademark that You claim has been infringed.
• A description of the content hosted on our Services that You claim infringes Your copyright or trademark.
• Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services.
• iv. A declaration that:
  • You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner You have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;
  • The information in Your claim is accurate; and
  • You declare, under penalty of perjury, that You are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
  • Your electronic signature or physical signature.

Data Loss

NXTDIGITAL does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or services is at your own risk.

Indemnification:

You agree to defend and indemnify NXTDIGITAL and any if its affiliates(If applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website Services, Your breach of terms of services, or Your conduct or actions. You agree that NXTDIGITAL shall be able to select its own legal counsel and may participate in its own defence, if NXTDIGITAL wishes.

Updates To Our Policy

We reserve the right to amend this Privacy Policy at any time and for any reason. We will provide You notice of amendments to this Privacy Policy, as appropriate, and update the “Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms Your acceptance of our Privacy Policy, as amended. If You do not agree to our Privacy Policy, as amended, You must stop using our Services and deactivate Your account with us immediately. Please review our Privacy Policy from time to time.

Jurisdiction:

Any dispute arising out of the terms and conditions of this Privacy Policy, shall be subject to the laws of India and jurisdiction of the Courts at Mumbai (India).

Contact Us:

If You have questions about our Privacy Policy, please contact us at care@nxtdigital.in

Please read this acceptable use policy ("policy", “AUP”) carefully before using www.nxtdigital.in website (“website”, "service") operated by NXTDIGITAL limited (“NXTDIGITAL”).

If not defined here, capitalized terms have the meaning stated in the applicable contract ("Agreement") between customer, reseller or other authorized user ("You") and NXTDIGITAL Limited (“NXTDIGITAL”)

If not defined here, capitalized terms have the meaning stated and defined in the applicable Website Terms & Conditions of NXTDIGITAL and the agreements required to be executed You with any third party, while accessing or using the Website.

The servies offerred by NXTDIGITAL, can be accessed through this Website. These services include the features to view the online EPG, Make Payments, Make channel selection etc. (“Services”).

Services provided by us may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the services. Any material or conduct that in our judgment violates this policy in any manner may result in suspension or termination of the services or removal of user’s account or access with or without notice. Services provided by us may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the services. Any material or conduct that in our judgment violates this policy in any manner may result in suspension or termination of the services or removal of user’s account or access with or without notice.

Enforcement:

Your access to this Website may be suspended or terminated with or without notice upon any violation of this policy. Any violations may result in the immediate suspension or termination of your account.

• You undertake not to, and not to allow third parties to use the Website in any of the following circumstances:
  • to generate or facilitate unsolicited bulk commercial email.
  • to violate, or encourage the violation of, the legal rights of others
  • for any unlawful, invasive, infringing, defamatory, or fraudulent purpose.
  • to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.
  • to interfere with the use of the Website, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users.
  • to alter, disable, interfere with or circumvent any aspect of the Website.
  • to test or reverse-engineer the Website in order to copy its contents or services, find limitations, vulnerabilities or evade filtering capabilities.
  • to record audio or video communications without consent if such consent is required by applicable laws and regulations (You are solely responsible for ensuring compliance with all applicable laws and regulations in the relevant jurisdiction(s)).
  • to commit any act of fraud, wilful error, wilful omission or willful negligence;
  • to commit any act of fraud, wilful error, wilful omission or wilful negligence.
  • to commit any act which may lead to piracy of any of the content in the Website.
  • to infringe upon the Intellectual Property Rights of NXTDIGITAL including copying content, images, videos etc.
  • to Promote or facilitate violence or terrorist activities.
  • to infringe the intellectual property or other proprietary rights of NXTDIGITAL and others.
  • NXTDIGITAL does not grant any express or implied right to you with regard toNXTDIGITAL’s trademarks, logos, audio-visual content of any nature, patents, copyrights, trademarks or trade secret information, or any other form or manner of intellectual property rights (IPRs).
  • Unauthorized copying of copyrighted material including, but not limited to, digitization and copyrighted music or videos, and the installation of any copyrighted software for which or the end user does not have an active license is strictly prohibited.

Modifications & amendments:

NXTDIGITAL may, at any time, at its sole discretion, modify or update these Policies(Again, here we are referring to this as Policies and not an agreement.) with or without notifying you. The modifications shall be effective immediately upon their being published. Your continued usage of the Website will be a deemed acceptance of such modified or updated Policies.

*Kindly note the Privacy Policy of NXTDIGITAL is given elsewhere at the Website.

*You hereby consent that you have read and understood the policy and affirm to abide by the same. (Declaration and Acknowledgment from the User).

INTRODUCTION

NXTDIGITAL Limited provides digital cable, satellite, headend-in-the-sky video/audio distribution and other services to users within India. These terms of use outline the terms and conditions between you ("you","your or "yours") and NXTDIGITAL Limited (hereinafter referred to "we"/"our"/"us") (which expression shall include its successors and assigns) govern your access to “In Digital” (the "App") and use of services provided by or on behalf of us or our affiliate companies including the services related to receiving pay and free-to-air television/radio content and channels collectively, "Services") and constitutes a binding legal agreement ("Terms") .

Please take a note that W.E.F 21st August, 2020 “IndusInd Media & Communications Limited (Limited (“IMCL”) is now NXTDigital Limited (NXTDIGITAL).

By downloading, installing, accessing or using App and/or Services, you are not only accepting this Agreement unconditionally but are also confirming that you have the right and capacity to enter into this Agreement. Your continued use of App and/or Services offered through the App will imply your acceptance of the conditions contained under these Terms and the amendments thereto as may be done from time to time.

Please read these Terms carefully before you use the App and/ or Service offered by us through App. These terms control the relationship between us and you. However, please note that they do not create any third-party beneficiary rights.

If you do not accept the Terms stated herein, we request you to kindly stop using App and/or Services thereto immediately.

Upon reviewing the Terms if you have any query or need any clarification or if you wish to send us any notice/s in relation to, these Terms, please contact us at care@nxtdigital.in

CONTRACTING ENTITY

• App and/or the Services should only be used or accessed by you if you are legally considered to be an adult where you reside (as per the age of majority under the laws applicable in the concerned jurisdiction), and are competent to enter into a legally binding contract (as per the provisions of the laws applicable in the concerned jurisdiction).
• If you are a minor between ages of 13 and 18 years (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use App and/or Services thereto. Also you must use App and/or Services only with the involvement of your parent or guardian.
• It must be noted that if you are under the age of 13 years, you are not allowed to create an account and you must not use App and/or Services.
• If you are using App and/or Services on behalf of a company, partnership, association, government or other organisation ("Organisation"), you warrant that you are unconditionally authorised to do so and that you are authorised to bind your Organisation unconditionally to these Terms. In such circumstances, “you", "your" or "yours will include your Organisation.

COMPLIANCE WITH THESE TERMS

These Terms apply to you if you are a user of App and/or Services anywhere in the world. Please review these Terms and our policies and instructions to understand how you can and cannot use App. You must comply with these Terms in your use of App and only use App as permitted by applicable laws and regulations, wherever you may be when you use them. If you do not agree to these Terms, you must not use App.

APPLICATION

• The App is an online platform which enables you to avail Services made available to you by us through App. We may at our discretion allow you to use some of the Services free of charge. Our Services are very diverse and additional terms or product requirements (as may be available) may apply to certain Services. These additional terms shall be made a part of these Terms by their reference. If there is a conflict between these terms and the additional terms, the additional terms will supersede these terms.
• We may from time to time provide updates to the App. Such updates may occur automatically or manually as per the Settings set forth by you in your device. Please note that the App may not operate properly or at all if upgrades or new versions are not installed by your system
• You can download App from third party application stores such as Google Play, subject to the terms and conditions and the privacy policy of such third party application stores.

GRANT OF LICENSE

• Your License to App :
  • In order to operate and provide our Services, you grant us a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable, and transferable license to host, store, use, copy, reformat, modify, translate, reproduce, distribute, create derivative works from, display, and publicly perform, broadcast, distribute, syndicate, promote, exhibit, and publicly display that content in any form and in any and all media or distribution methods (now known or later developed) the information (including the content) that you upload, submit, store, send, or receive on or through our Services. This licence is for the sole and limited purpose of letting you use and enjoy the App and/or Services in a way that our Terms allow.
  • You must not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse compile, reverse engineer or extract source codes of that software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from App, you will first contact us to request the information you need.
  • In addition to granting us the aforementioned rights, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display content posted by you in any form and in any and all media or distribution methods (now known or later developed).
• App’s License to You:
  • We grant you a limited, personal, royalty-free, revocable, non-exclusive, non-sub-licensable, and non-transferable license to use App and/or Services, subject to and in accordance with our Terms(including any specific technical requirements that relate to the App Apps or its use on your particular device). This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
  • We reserve the right to delete any content (i) which we think violates these Terms, or (ii) if necessary to comply with our legal obligations. However, you alone, remain responsible for the content you create, upload, post, send, or store through App and/or Services.

INTRODUCTION

NXTDIGITAL Limited. provides digital cable, satellite, headend-in-the-sky video/audio distribution and other services vide its Application called “In Digital” (“App”) to users within India. Our Privacy Policy helps explain our information and practices. We also explain the steps we take to protect Your privacy.

When we say “our”, “we”, or “us”, we’re talking about NXTDIGITAL Limited (which expression shall include its successors and assigns). This Privacy Policy (“Privacy Policy”) applies to our App, services, features and software (together, “Services”) unless specified otherwise.

The Services are intended for people who are competent to contract under applicable laws. Individuals who are aged more than 13 years but less than 18 years are not permitted to use the App unless the complete Agreement is seen and agreed by parents or their legal guardians under applicable law. You confirm that You are at least 18 year old or otherwise competent to contract including with consent of Your parent/legal guardian as may be required under applicable law. We wish to strictly clarify that any individual who is below 13 years of age is not permitted to use our Services

This Policy is part of our Terms of Service and applies to the Personally Identifiable Information that is collected in connection with the download, installation and use of the App and related services. We have created this Privacy Policy to demonstrate our commitment to the protection of Your privacy and Your personal information. Your use of and access to the Services is subject to this Privacy Policy and Terms. By using the Services or by otherwise giving us Your information, You will be deemed to have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the Privacy Policy. You hereby consent to our collection, use and sharing, disclosure of Your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time. If You use the services on behalf of someone else, You represent that You are authorised by such individual to accept this Privacy Policy on such individual’s behalf, and consent on behalf of such individual or entity to our collection, use and disclosure of such individual’s information as described in this Privacy Policy.

If You do not agree with this Privacy Policy, You must not use our App and Services.

INFORMATION COLLECTED

• The App receives or collects information in the following manner:
  • Information You choose to provide us voluntarily.
  • Information we get when You install, access, or use our App and Services.
  • Information we get from third parties.

INFORMATION YOU CHOOSE TO PROVIDE

Your Account Information: You provide Your mobile phone number, name and mobile device information to create an account on our App. You may also add other information to Your account, such as a Name, User name, email id, Set Top Box number, Aadhar Card, Passport details, PAN Card or Driving License.

Customer Support: You may provide us with information related to Your use of our Services, including copies of Your messages, and how to contact You so we can provide You customer support. For example, You may send us an email with information relating to our app performance or other issues at care@nxtdigital.in

AUTOMATICALLY COLLECTED INFORMATION

• Usage and Log Information: We collect service-related, diagnostic, and performance information. This includes information about Your activity (such as how You use our App and Services, log files, and diagnostic, crash, App, and performance logs and reports.
• Transactional Information: If You use our App and Services for purchase or financial transactions, we may receive payment information such as Your credit or debit card number and other card information, and other account and authentication information, as well as billing, payment receipts, shipping and contact details.
• Device and Connection Information: We collect device-specific hardware and software information when You install, access, or use our App and Services. This includes information such as hardware model, operating system information, browser information, device memory, IP address, mobile network information including phone number, advertising identifiers, unique application identifiers, language, battery level applications installed and device identifiers and time zone.
• Phonebook / Contact Information: In order to provide Services, the App may with Your consent, collect information from Your contacts and periodically access Your phonebook or contact list on Your mobile phone to locate the mobile phone numbers of other Service users
• Location Information: With Your consent we collect Your device’s precise location information using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses, if You use our location features, such as when You choose to share Your location with Your contacts, view locations nearby or those others have shared with You, and the like, and for diagnostics and troubleshooting purposes such as if You are having trouble with our Service’s location features.
• Information from websites and apps that use our Services: We collect information when You visit or use third-party websites and apps that use our Services. This includes information about the websites and apps that You visit, Your use of our Services on those websites and apps, as well as information the developer or publisher of the app or website provides to You or us.
• Information from third-party partners: We receive information about You and Your activities on and off our Services from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about Your experiences or interactions with them.
• Information collected by Cookies and other Technologies: We use cookies and other technologies, such as pixels, web beacons, web storage and unique advertising identifiers, to collect information about Your activity, language preferences, browser, and device as well as to operate and provide our Services, including to provide our Services that are web-based, improve Your experiences, understand how our Services are being used, and customize our Services as well as measure traffics and usage trends for the Services.

INFORMATION RECEIVED FROM THIRD-PARTY

• Your Information provided by Others: We may receive information other people provide us, which may include information about You.
• 1. Third-Party Providers: We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our App and Services. These providers may provide us information about You in certain circumstances; for example, third party application stores may provide us reports to help us diagnose and fix service issues.

HOW WE USE INFORMATION

• The information collected directly from You or received due to Your use of third party services is used in the following ways:
  • We neither share nor sell without Your consent Your information, including personal information, such as Your mobile phone number and address book and any other information we may collect with any third parties for use for commercial, advertising and or similar marketing purposes without Your consent.
  • Providing our Services: We develop, operate, improve, deliver, maintain and provide our App and Services, including verifying Your account, providing customer support, security, fraud-detection, archival, back-up and improving, fixing, and customizing our Services. We understand how people use our Services, and analyze and use the information we have to evaluate and improve our Services, research, develop, test and monitor new services and features, and conduct troubleshooting activities. We also use Your information to respond to You when You contact us
  • Safety and Security: We care about the security of Your information provided to us. We verify accounts and activity, and promote safety and security on and off our Services, for loss prevention, anti-fraud purposes, investigating suspicious activity and/ or violations of our Terms, and to ensure our Services are being used legally. We maintain technical, physical, and administrative security measures to protect the security of Your personal information against loss, misuse, unauthorized access, disclosure, or alteration. Some of the safeguards we use include firewalls, data encryption and information access authorization controls. We also store, use, and maintain Your personal information using procedures designed to limit its loss, theft, or unauthorized access, use, modification, copying or disclosure. When You enter Your login information and password, we encrypt the transmission of that information between the App and the server. Despite these efforts, You should know that we cannot fully eliminate security risks associated with information. You are also responsible for helping to protect the security of Your information and having a strong password that You’ve not used in other places is important. You hereby consent to provide accurate personal information and undertake not to share/provide/divulge information relating to Your password(s) and account registration to any third-party at any point of time. You hereby consent that all Your data shall be stored on a third party server and archived for a period not exceeding thirty (30) days from the date of deletion of the App from Your device. You shall not hold us responsible or make us liable at any point of time for any third party server issues or problems arising therefrom.
  • No Third-Party Banner Ads: We presently do not allow third-party banner ads on our Services. We have no intention to introduce them, but if we ever do, we will update this policy.
  • Direct Marketing: We will allow You and third parties, like businesses, to communicate with each other using our Services, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing.
  • We may also run contests, special offers or other events or activities ("Events") on the Service. If You do not want to participate in an Event, do not use the particular Metadata (i.e. hashtag or geotag) associated with that Event.

INFORMATION RECEIVED FROM THIRD-PARTY

• Your Information provided by Others: We may receive information other people provide us, which may include information about You.
• 1. Third-Party Providers: We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our App and Services. These providers may provide us information about You in certain circumstances; for example, third party application stores may provide us reports to help us diagnose and fix service issues.

STORAGE OF INFORMATION

• Your information collected through the App, including Your personal information, may be transferred and stored and processed in India and/or other countries outside of Your jurisdiction. Your information, including personal information, may be transferred to jurisdictions that do not have data protection laws which are substantially similar to or serve the same purpose as the laws of Your jurisdiction.
• By registering for and using the Service You consent to the use and disclosure of information about You as described in this Privacy Policy as well as transfer of information to India or to any other country as explained in the preceding clause.
• We use a variety of generally accepted security technologies and procedures for the purpose of preventing loss, misuse, unauthorised access or disclosure of Information – for example, we use encryption technology (such as SSL) to protect certain sensitive Information provided by You to us. Please be aware that despite our efforts, no data security measures can guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. We do not warrant or guarantee the security of our Services or any information You provide to us through our Services.
• We wish to clarify that our Services are not intended for —and we don’t direct them to—anyone who is below the age of 13 years. Therefore, we do not knowingly collect personal information from anyone who is below 13 years of age. However, if You believe that we have any personal information from any children under the age of 13 years, please contact us at care@nxtdigital.in. We will promptly investigate(and remove) such information.

RETENTION AND SHARING OF YOUR INFORMATION

• We may need to retain, disclose and use Your Information for the following Purposes:
  • To comply with applicable laws and regulations;
  • To comply with a court order, subpoena or other legal process, whether binding on us or any of our affiliates in any jurisdiction;
  • Where we believe it is reasonably necessary to comply with applicable laws or regulations;
  • When we have a good faith belief it is necessary to: detect, investigate, prevent and address fraud and other illegal activity, security or technical issues to protect ourselves, You and others, including as part of investigations
  • Protect the rights, property, and safety of our users and to prevent death or imminent bodily harm.
  • When we have a good faith belief it is necessary to: detect, investigate, prevent and address fraud and other illegal activity, security or technical issues to protect ourselves, You and others, including as part of investigations
  • Information we receive about You may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

STORAGE OF INFORMATION

• Your information collected through the App, including Your personal information, may be transferred and stored and processed in India and/or other countries outside of Your jurisdiction. Your information, including personal information, may be transferred to jurisdictions that do not have data protection laws which are substantially similar to or serve the same purpose as the laws of Your jurisdiction.
• By registering for and using the Service You consent to the use and disclosure of information about You as described in this Privacy Policy as well as transfer of information to India or to any other country as explained in the preceding clause.
• We use a variety of generally accepted security technologies and procedures for the purpose of preventing loss, misuse, unauthorised access or disclosure of Information – for example, we use encryption technology (such as SSL) to protect certain sensitive Information provided by You to us. Please be aware that despite our efforts, no data security measures can guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. We do not warrant or guarantee the security of our Services or any information You provide to us through our Services.
• We wish to clarify that our Services are not intended for —and we don’t direct them to—anyone who is below the age of 13 years. Therefore, we do not knowingly collect personal information from anyone who is below 13 years of age. However, if You believe that we have any personal information from any children under the age of 13 years, please contact us at care@nxtdigital.in. We will promptly investigate(and remove) such information.

MANAGING YOUR INFORMATION

• If You would like to manage, change, limit, or delete Your information, we allow You to do that through the following tools:
  • Access and Updates: We strive to let You access and update most of the personal information directly through our App. You can access and update most of Your basic account information right in our App by visiting the My Profile page. However, we may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful. If You need to access, update, or delete other personal information that we may have, You can put in a request at care@nxtdigital.in. Since Your privacy is important to us, we may ask You to verify Your identity or provide additional information before we let You access or update Your personal information. We will try to update and access Your information for free, but if it would require a disproportionate effort on our part, we may charge a fee. We will of course disclose the fee before we comply with Your request.
  • Revoking Permissions: If You change Your mind about our ongoing ability to collect information from certain sources that You have already consented to, such as Your phonebook or location services, You can simply revoke Your consent by changing the settings on Your device if Your device offers those options. Of course, if You do that, certain services may lose full functionality either partially or completely.

INTELLECTUAL PROPERTY POLICY: YOUR COPYRIGHTS AND TRADEMARKS

NXTDIGITAL Limited. is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Service ("Terms") by installing, accessing, or using our App, services, features and software. Our Terms do not allow our users to violate someone else's intellectual property rights when using our App, including their copyrights and trademarks.

COPYRIGHT OR TRADEMARK INFRINGEMENT CLAIM

You may report copyright and/or trademark infringement and request us to remove any infringing content we may be hosting, by addressing an e-mail to care@nxtdigital.in. with details as set forth below:

• Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide Your contact information, including Your name and email address (if provided), the name of Your organization or client who owns the rights in question, and the content of Your report to the person whose content You are reporting. You may wish to provide a professional or business email address where You can be reached.
• A description of the copyrighted work or trademark that You claim has been infringed.
• A description of the content hosted on our Services that You claim infringes Your copyright or trademark.
• Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services.
• A declaration that:
  • You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner You have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;
  • The information in Your claim is accurate; and
  • You declare, under penalty of perjury, that You are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
• Your electronic signature or physical signature.

UPDATES TO OUR POLICY

We may amend or update our Privacy Policy. We will provide You notice of amendments to this Privacy Policy, as appropriate, and update the “Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms Your acceptance of our Privacy Policy, as amended. If You do not agree to our Privacy Policy, as amended, You must stop using our Services and deactivate Your account with us immediately. Please review our Privacy Policy from time to time.

CONTACT US

If You have questions about our Privacy Policy, please contact us at care@nxtdigital.in.

Use of the App is subject to this acceptable use policy ("AUP").

If not defined here, capitalized terms have the meaning stated in the applicable contract ("Agreement") between customer, reseller or other authorized user ("You") and NXTDIGITAL Limited. (“NXTDIGITAL”)

• You undertake not to, and not to allow third parties to use the App in any of the following circumstances:
  • to generate or facilitate unsolicited bulk commercial email.
  • to violate, or encourage the violation of, the legal rights of others.
  • for any unlawful, invasive, infringing, defamatory, or fraudulent purpose.
  • to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.
  • to interfere with the use of the App, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users.
  • to alter, disable, interfere with or circumvent any aspect of the App.
  • to test or reverse-engineer the App in order to find limitations, vulnerabilities or evade filtering capabilities;
  • to record audio or video communications without consent if such consent is required by applicable laws and regulations (You are solely responsible for ensuring compliance with all applicable laws and regulations in the relevant jurisdiction(s);
  • to commit any act of fraud, wilful error, wilful omission or wilful negligence;
  • to commit any act which may lead to piracy of any of the content in the App;
  • to infringe upon the Intellectual Property Rights of NXTDIGITAL

NXTDIGITAL may, at any time, at its sole discretion, modify or update these Policies with or without notifying you. The modifications shall be effective immediately upon their being published. Your continued usage of the app will be assumed as constituting your consent to these changed policies. Your failure to comply with the AUP may result in suspension or termination, or both, of your account on the App pursuant to the Agreement.