INTRODUCTION

This is to inform that the Hon’ble National Company Law Tribunal, Mumbai (“NCLT”), vide its Order dated 11th November 2022 (“Order”), has approved the Scheme of Arrangement between NXTDIGITAL Limited (“NDL”) and Hinduja Global Solutions Limited (“HGS”).

Consequent to the said Order, the Digital, Media and Communications business undertaking of NDL as detailed in the Order, alongwith all their concomitant rights, obligations, and liabilities, shall from 12th November 2022 (“Effective Date”), vest with HGS.

By accessing www.indigital.co.in ("the Website") of NXTDIGITAL, a division of Hinduja Global Solutions Ltd. ("NXTDIGITAL"), you (“User”) enter into a Website User Agreement ("Agreement") with NXTDIGITAL, on the terms and conditions (“T&Cs”) set out below. Please read these T&Cs carefully before accessing and using this Website. By accessing and using the Website it is deemed that you have accepted the T&Cs. Please do not access the Website in case you do not agree and accept the said T&Cs.

NXTDIGITAL and User/You may also hereinafter be individually referred to as a “Party” and collectively as the “Parties”.

NXTDIGITAL provides digital cable, satellite, headend- in-the-sky video/audio distribution, OTT and other services (“Services”) to users within India.

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. To create your User Account (“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 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 Website 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/HGS and its affiliates, including but not limited to the text, audio, video, graphical images, trademarks and logos (including trade mark "NXTDIGITAL/ NXTDIGITAL " 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.

You agree 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.

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/User Account. Under exceptional circumstances and purely based on NXTDIGITAL’s 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 (twenty four) hours of transaction by giving reasons for seeking refund. NXTDIGITAL’s office shall validate the transaction and upon securing internal clearances, may process for refund, provided the full amount remains unutilized in the User’s wallet.

Indemnification

User agrees to indemnify, NXTDIGITAL/HGS and 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 is to inform that the Hon’ble National Company Law Tribunal, Mumbai (“NCLT”), vide its Order dated 11th November 2022 (“Order”), has approved the Scheme of Arrangement between NXTDIGITAL Limited (“NDL”) and Hinduja Global Solutions Limited (“HGS”).

Consequent to the said Order, the Digital, Media and Communications business undertaking of NDL as detailed in the Order, along with all their concomitant rights, obligations, and liabilities, shall from 12th November 2022 (“Effective Date”), vest with HGS.

This Privacy Policy (“Privacy Policy”) sets out how NXTDIGITAL, a division of Hinduja Global Solutions Ltd. uses and protects any information that You (“User”/”You”) give, when You use this Website www.indigital.co.in (“Website”). NXTDIGITAL 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 Policy.

NXTDIGITAL 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 to users within India.

When we say "Our", "We", or "Us", we're talking about NXTDIGITAL. This Privacy Policy ("Privacy Policy") applies to our Website, Services (as defined in the Website Agreement), features and software (together, "Services") unless specified otherwise.

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 may change this Privacy Policy from time to time by updating this page. You should check this page regularly to ensure that You are updated with any changes.

This Privacy Policy is part of our Terms of Service and Agreement 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 (thirteen) years but less than 18 (eighteen) 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 but not limited to, Your name, address etc. 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 User Account Information: You provide Your mobile phone number, name 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 Application 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 Application 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 (mobile/cellular phone/laptop etc.) 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 applications that use our Services: We collect information when You visit or use third-party websites and applications that use our Services. This includes information about the websites and applications that You visit, Your use of our Services on those websites and applications, 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

• 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 Applications 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 Advertisements: We presently do not allow third-party banner advertisements on our Services. We have no intention to introduce them, but if we ever do, we will update this Privacy 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 Website or applications, 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 (thirteen) years. Therefore, we do not knowingly collect personal information from anyone who is below 13 (thirteen) 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.

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 onus 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.
  • 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 and 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.

Data Loss

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

Indemnification:

You agree to defend and indemnify NXTDIGITAL/HGS and 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

This is to inform that the Hon’ble National Company Law Tribunal, Mumbai (“NCLT”), vide its Order dated 11th November 2022 (“Order”), has approved the Scheme of Arrangement between NXTDIGITAL Limited (“NDL”) and Hinduja Global Solutions Limited (“HGS”).

Consequent to the said Order, the Digital, Media and Communications business undertaking of NDL as detailed in the Order, alongwith all their concomitant rights, obligations, and liabilities, shall from 12th November 2022 (“Effective Date”), vest with HGS.

Please read this acceptable use policy ("policy", "AUP") carefully before using www.indigital.co.in website ("website", "service") operated by NXTDIGITAL, a division of Hinduja Global Solutions Ltd ("NXTDIGITAL").

The capitalized terms mentioned herein, have the same meaning as defined in the applicable Website terms & Conditions ("Agreement").

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. 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 AU Policy in any manner, may result in suspension or termination of the Services or removal of Your User Account or its 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 AU Policy. Any violations may result in the immediate suspension or termination of your User Account.

• You undertake not to, and not to allow third parties from your User Account 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 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 facilitateviolence or terrorist activities.
  • to infringe the intellectual property or other proprietary rights of NXTDIGITAL and others.
  • NXTDIGITAL and HGS does not grant any express or implied right to you with regard to NXTDIGITAL '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.
  • 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.

DISPUTES & JURISDICTION:

The Terms and Conditions set out herein above 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.

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.

This is to inform that the Hon’ble National Company Law Tribunal, Mumbai (“NCLT”), vide its Order dated 11th November 2022 (“Order”), has approved the Scheme of Arrangement between NXTDIGITAL Limited (“NDL”) and Hinduja Global Solutions Limited (“HGS”).

Consequent to the said Order, the Digital, Media and Communications business undertaking of NDL as detailed in the Order, along with all their concomitant rights, obligations, and liabilities, shall from 12th November 2022 (“Effective Date”), vest with HGS.

Please read this Intellectual Property Policy ("Policy") carefully before using www.indigital.co.in website ("Website"/"Services") operated by NXTDIGITAL, a division of Hinduja Global Solutions Ltd ("NXTDIGITAL").

The capitalized terms mentioned herein, have the same meaning as defined in the applicable Website terms & Conditions ("Agreement").

INTELLECTUAL PROPERTY POLICY: YOUR COPYRIGHTS AND TRADEMARKS

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

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.

MODIFICATIONS & AMENDMENTS:

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 Website will be a deemed acceptance of such modified or updated Policies.

CONTACT US

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

• What does 1M or 12M denote? ‘M’ stands for month(s) which indicates the subscription period of the package chosen.
• The subscription charges and offer conditions are subject to change by NXTDIGITAL at any time. Prices mentioned are inclusive of all applicable taxes which may change if there are any changes in applicable taxes.
• NXTDIGITAL does not make any representation or warranties with respect to the availability, accuracy, authenticity, quality etc. of Third Party’s OTT Content Service provided through the Linked Application(s) and NXTDIGITAL shall not be liable for any deficiency in service, with respect to the same.
• NXTDIGITAL shall not be responsible for any OTT Content being or not being shown or for availability/unavailability of the same on any OTT Content Service platform. This remains the sole responsibility of the Third-Party OTT Content Service Providers/owners/rights owners. For any queries and complaints related to the OTT Content Service, Authorised Subscriber should call or write to the customer care services of the respective OTT platform owners.
• NXTPLAY App is available only on Android Mobile & TV.

Introduction

This is to inform that the Hon’ble National Company Law Tribunal, Mumbai (“NCLT”), vide its Order dated 11th November 2022 (“Order”), has approved the Scheme of Arrangement between NXTDIGITAL Limited (“NDL”) and Hinduja Global Solutions Limited (“HGS”).

Consequent to the said Order, the Digital, Media and Communications business undertaking of NDL as detailed in the Order, along with all their concomitant rights, obligations, and liabilities, shall from 12th November 2022 (“Effective Date”), vest with HGS.

This privacy policy (“Privacy Policy”) is created by NXTDIGITAL, a division of Hinduja Global Solutions Ltd. (NXTDIGITAL) for the users and visitors(“User/You/Your/Visitor”) of the Online platform (Platform) named NXTPlay. When we say “Our”, “We”, or “Us”, we are referring to NXTDIGITAL.

NXTDIGITAL, is committed to ensure that your privacy is protected, pursuant to which this Privacy Policy has been created to set out the manner in which NXTDIGITAL procures, uses and protects any information given by its Users. Should NXTDIGITAL ask You to provide certain information by which You can be identified when using this Platform, then you can be assured that it will only be used in accordance with this Privacy Policy.

This Privacy Policy applies to all visitors/users of the Platform. By visiting and/or using our Platform, You agree to this Privacy Policy. NXTDIGITAL may amend this Privacy Policy from time to time by updating this page. You should check this page regularly to ensure that You are aware of any changes.

This Privacy Policy (“Privacy Policy”) applies to our Platform and Services, features and software of Platform (hereinafter collectively referred to as “Platform”) which may form part of the Platform unless specified otherwise.

This Privacy 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 Platform. 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 Platform is subject to this Privacy Policy and Terms.

By using the Platform or by otherwise giving us Your information, You shall 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 and further utilization of it by NXTDIGITAL as per its business requirement. 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 Platform on behalf of someone else, You represent that You are authorized 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 Platform.

INFORMATION COLLECTED

The Platform receives or collects information in the following manner:

• Information You choose to provide us voluntarily.
• Information we collect when You install, access, or use our Platform.
• Information we obtain from third parties.
• Information we request from You in order for You to access to our Platform
• Information that is collected about how you utilize the Platform

The information collected from you by NXTDIGITAL may constitute ‘Personal Information’ or ‘Sensitive Personal Data or Information’ under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, as amended.

INFORMATION YOU CHOOSE TO PROVIDE

• Your Account Information: You shall be required to provide Your mobile phone number, name and mobile device along with other relevant information to create an account on our Platform. You may also add other information to Your account, such as a Name, User name, email id, Aadhar Card, Passport details, PAN Card or Driving License number etc.
• Customer Support: You may further provide us with information related to ofand issues that you may face or encounter when using our Platform. This may include, but is not limited to messages (emails, mobile messages, electronic messages, voice calls/chat messaging with our customer service centre etc.). All such information, will further be collected and stored about You.

AUTOMATICALLY COLLECTED INFORMATION

• Usage and Log Information: We collect service-related, diagnostic, and performance information when You use our Platform. This includes information about Your activity including, but not limited to how You use our Platform, log files, and diagnostic, crash, performance logs and reports.
• Transactional Information: If You use our Platform for purchase or other 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 may collect device-specific hardware and software information when You install, access, or use our Platform. 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, Platform may, with Your consent, collect information from Your device(s)’s contacts list 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 location service features on your device(s), 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 Platform’s location features.
• Information from websites and applications that use our Platform: We collect information when You visit or use third-party websites and applications that use Our Platform. This includes information about the websites and applications that You visit, Your use of our Platform on those websites and applications, as well as information the developer or publisher of the app or website provides to You or Us.
• Information from third-party partners: We may receive information about You and Your activities on and off our Platform 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 including third party 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 Platform, including to provide Our Platform that are web-based, improve Your experiences, understand how Our Platform are being used, and customize Our Platform as well as measure traffics and usage trends for the Platform.
• Information collected from tracking Platform usage: We may track certain information about the content viewed and your visit to our Platform. This information may include the Platform that you just visited, which platform/website or other application you next visit, your computer browser information, your mobile phone operating system version.

The aforesaid data will not be provided to a third party entity excluding entities that are subsidiary or affiliates of NXTDIGITAL, and in the event it is provided, the data will be limited for the purposes of collecting data analytics and curating content as per Your previous inputs and logs.

INFORMATION RECEIVED FROM THIRD-PARTY

• Your Information provided by Others: We may receive information other entities provide Us, which may include information about You.
• Third-Party Providers: work with third-party providers to help Us operate, provide, improve, understand, customize, support, and market Our Platform. 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 Platform issues.

HOW INFORMATION IS COLLECTED

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfilment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We use data collection devices such as "Cookies" on certain pages of our Platform. "Cookies" are small files sited on Your hard drive that assist us in providing customized Services. We also offer certain features that are only available through the use of a "Cookie". Cookies can also help Us provide information, which is targeted to Your interests. Cookies may be used to identify logged in or registered Users.
• Third party vendors including google.com (“Google”) may use cookies to serve ads based on Your visits to this Platform. You may visit the Platform of the third party and choose to opt out of the use of cookies for interest-based advertising, if the third party offers such an option. You may choose to opt-out of the DoubleClick cookie that Google and its partners use for interest-based advertising by visiting Ads Settings. (Alternatively, you can direct users to opt out of a third-party vendor's use of cookies for interest based advertising by visiting aboutads.info.)

EXTERNAL LINKS ON WEBSITE

• The Platform may include hyperlinks to other web sites or content or resources. We have no control over any websites or resources, which are provided by companies or persons other than Us.
• You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
• You acknowledge and agree that We are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. We recommend that when you enter a Third-Party Site, you review the Third Party Site’s privacy policy as it relates to safeguarding your personal information. We use third-party advertising companies to serve ads when you visit the Platform.

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 Platform: We develop, operate, improve, deliver, maintain and provide our Platform, 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 Platform, and analyze and use the information we have to evaluate and improve our Platform, 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 Platform, for loss prevention, anti-fraud purposes, investigating suspicious activity and/ or violations of our Terms, and to ensure our Platform 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 may 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.
• Direct Marketing: We will allow You and third parties, like businesses, to communicate with each other using our Platform, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing.
• We may also run special offers or other events or activities ("Events") on the Platform. 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 Application or Platform Services, including Your personal information, may be transferred and stored and processed in India. 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 Platform 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 commercially reasonable safeguards to help keep the information collected through the Platform secure and take reasonable steps (such as requesting a unique password) to verify Your identity before granting You access to Your account. However, we cannot ensure the security of any information You transmit to us or guarantee that information on the Platform may not be accessed, disclosed, altered, or destroyed.
• 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 Platform may not be accessed, disclosed, altered, or destroyed. We do not warrant or guarantee the security of our Platform or any information You provide to us through our Platform.
• We wish to clarify that our Platform 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.

OUR DISCLOSURE OF YOUR INFORMATION

• Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties.
• Under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse your information that they collect from our Platform. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private.
• As a matter of policy, we do not sell, share or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed:
  • External Service Providers: There may be a number of services offered by external service providers that help You use our Platform. If You choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about You, then their use of your information is governed by their private policy.
  • Other Corporate Entities: We share much of our data, including personally identifiable information about you, with our parent, their subsidiaries/affiliates, and/or our subsidiaries/affiliates, as applicable, that are committed to serving Your online needs and related services, throughout the world. Such data will be shared for the sole purpose of enhancing Your browsing experience and providing our services to You. To the extent that these entities have access to Your information, they will treat it at least as protectively as they treat information they obtain from their other members. It is possible that NXTDIGITAL and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, You should expect that we would share some or all of your information with our acquirer company and/or its subsidiaries/affiliates in order to continue to provide the Service.
  • Law and Order:We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and You authorize us to) disclose any information about You to law enforcement and other government officials as we, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us or You to legal liability. We shall share Your information with law enforcement authorities in the following cases:
    • to comply with applicable laws and regulations, including the Information Technology Act, 2000;
    • to comply with a court order, subpoena or other legal process, whether binding on us or any of our affiliates in any jurisdiction;
    • in response to a request by a government authority, law enforcement agency or similar body made to us or any of our affiliate companies (whether situated in Your jurisdiction or elsewhere);
    • 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.
    • 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 and update most of the personal information directly through our Application or Platform Services. You can access and update most of Your basic User 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.

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 Platform confirms Your acceptance of our Privacy Policy, as amended. If You do not agree to this Privacy Policy, as amended, You must stop using our Platform and deactivate Your account with us immediately. Please review our Privacy Policy from time to time.

DISPUTES AND JURISDICTION

The Terms and Conditions set out herein above 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.

CONTACT US

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

These terms and conditions are to be read together with the Customer Application Form (CAF) and the Package Application Form (PAF). The terms defined below have the meanings ascribed to them wherever they appear in this Terms and Conditions and where appropriate, references to the singular include references to the plural; references to the male include the female and references to any statutory enactment include subsequent changes to the same and vice versa.

Definitions

• Addressable System means an electronic device or more than one electronic devices put in an integrated system through which signals of television channels can be sent in encrypted from, which can be decoded by the device or devices at the premises of the subscriber within limits of the authorization made, through the Conditional Access System and Subscriber Management System on the explicit choice and request of such subscriber, by the cable operator to the subscriber.
• Alternative Tariff Package (ATP) means a tariff package which a service provider may offer, in addition to the standard tariff package, for supply of a set box to the subscriber for receiving programmes.
• "Governmental Authority" means any statutory authority, ministries or department of the Government of the India or States or Union Territories, agency, commission, board, tribunal or court including without limitation MIB, TRAI, TDSAT or any other body or authority regulating the broadcasting and distribution of channels in India.
• "Broadcaster" means a person or a group of persons, or body corporate, or any organization or body who, after having obtained, in its name, downlinking permission for its channels, from the MIB, is providing programming services;
• "Basic Service Tier" (BST) means a package of free-to-air channels offered by the cable operator to a subscriber with an option to subscriber, for a single price to the subscribers of the area in which his cable television networks is providing services.
• "CAS" means the conditional access system maintained by the Customer in accordance with the Interconnection Regulations, Subscription Agreement and the terms of this Agreement, which shall have the ability to authorize, provide and deny specific Channels, data, or information to the Subscriber.
• "Channels" means the Linear Transmission of the Broadcaster's television channels, and accordingly each channel may be referred to as a "Channel" or collectively as "Channels".
• "Local Cable Operator" (LCO) is a Local Cable operator, who has been granted registration under the Cable Television Networks Rules, 1994, in the head post office of the Territory for providing cable television services in the Territory.
• "Company" means NXTDIGITAL, a division of Hinduja Global Solutions Ltd (NXTDIGITAL)
• "FTA" means free to air Channels of the Broadcasters.
• "Multi System Operator" (MSO) is a multi-service operator, who has been granted registration under the Cable Television Networks Rules, 1994, by the Ministry of Information and Broadcasting, for providing cable television services through digital addressable systems in the areas notified by the Central Government under Section 4A of the Cable Television Networks (Regulation) Act, 1995.
• "Pay Channel" means a channel for which fees is to be paid to the broadcaster for its retransmission through electromagnetic waves through cable or through space intended to be received by the general public either directly or in directly and which would require the use of an addressable system attached with the receiver set of a subscriber.
• "Scheme" means systematic plans and packages offered to the Subscribers, which is described in detailed, in these T & Cs.
• "Set top box" means a device, which is connected to or is part of a television receiver and which enables a subscriber to view subscribed channels.
• "Standard Tariff Package" (STP) means a package of tariff as may be determined by the Authority for supply of a STB to the Subscriber by a Service Provider for receiving Programme.
• "Subscriber" shall mean each active STB availing the Subscribed Channels from the Customer by means of Linear Transmission, through the CATV system and infrastructure services by NXTDIGITAL
• "You" means the Subscriber.
• "Right to Use Basis" STB is transferred to the Subscriber / LCO under the Scheme, however the title of the STB shall remain with the Company, at all times.

Provision of Service & Scheme:

The Company’s Cable Service & Scheme shall be made available to the Subscriber with effect from the date of activation of the STB and on Terms and Conditions contained herein and also contained in the consumer charter which the Subscriber hereby unconditionally accepts and undertakes to abide.

The Subscriber shall fill in the CAF and shall submit to LCO. LCO shall ensure the details of the subscriber in CAF is complete and accurate. Subscriber shall also submit know your customer (KYC) documents along with CAF.

The Subscriber shall subscribe the selective HD or SD package for 12 (twelve) months with monthly subscription charges starting from Rs 575/-* for HD Scheme or Rs 400/-* for SD Scheme. The Subscriber shall be provided with STB for subscribing Family Entertainment Package HD for HD STB and SD for SD STB. Upon subscription of the selective pack the Subscriber shall be provided with a HD (High Definition) or SD (Standard Definition) Set Top Box (STB) under the Terms of “right of use only And the ownership of such STB will always remain with NXTDIGITAL Ltd. This Scheme is applicable for Subscribers of Thane, Mumbai, Navi Mumbai and Delhi. Offer is valid till stocks last.

Payment Obligations under the Scheme:

Cable Service & Scheme shall be made available to the Subscriber with effect from the date of activation of the STB. Subscriber shall renew their package on monthly/qtly/half yearly /Yearly basis for a period of 12 months. In case of non-renewal for more than 30 days, LCO shall discontinue the package. And Subscriber shall return STB to LCO/ NXTDIGITAL Ltd. with all accessories in satisfactory working conditions.

In case if Subscriber or LCO fails to return STB and its accessories to NXTDIGITAL or STB and its accessories are damaged then Subscriber or LCO shall be liable to compensate the loss and the Company reserves the right to initiate appropriate legal proceedings to recover its property.

If the Subscriber chooses to relocate, the Subscriber shall submit its application in advance either to the Company or its LCO. After verification of the outstanding dues, the Company shall provide the service at the new location, provided it is technically and operationally feasible. If not, the Company or the LCO will inform the Subscriber likewise and the Subscriber can opt to surrender the STB.

In case of STB malfunction, the LCO will replace or repair the STB and the Subscriber will be liable to pay repair charges if the STB is out of warranty period.

STB’s provided to the Subscribers and LCO’s shall at all times be and remain, the sole and exclusive property of NXTDIGITAL Ltd.; and the LCO shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement.

Neither the Company nor its LCO shall disconnect a Subscriber without giving 15 days written notice. However, this will not apply if the Subscriber is found to be the cause of privacy.

The Subscriber hereby agrees to allow the authorized representatives of the LCO/the Company to enter upon the Installation Address for inspection, installation, removal, repair and maintenance, replacement and repossession of the Hardware under the Terms hereof. This clause survives the termination until the dues are paid. along with the STB owned by the Company is returned to the Company in satisfactory working condition.

The Subscriber undertakes that he shall neither by himself nor allow any other person to modify, misuse or tamper with the Hardware or to add or remove any seal, brand, logo, information, etc. which affects or may affect the integrity/functionality/identity of the Hardware or otherwise remove or replace any part thereof.

Unauthorized Use of STB:

Subscriber/LCO undertakes to use the STB and its accessories as per the terms of this Agreement and in consonance with all the applicable legislation and guidelines. In the event of any breach or violation, Subscriber/ LCO shall only be liable for such breach or violation and for any executive or judicial action initiated by the relevant authorities.

Force Majeure

If at any time, during the continuance of Service, the Service is interrupted, discontinued either whole or in part, by reason of war, war like situation, civil commotion, theft, wilful destruction, terrorist attack, sabotage, fire, flood, earthquake, riots, explosion, epidemic, quarantine, strikes, lock out, compliance with any acts or directions of any judicial, statutory or regulatory authority or any others Acts of God, or if any or more Channels are discontinued due to any technical or system failure at any stage or for any other reasons beyond the reasonable control of the LCO or the Company, the Subscriber will not have any claim for any loss or damages against the LCO or the Company.

Indemnity

The Subscriber hereby indemnifies and holds harmless the LCO, MSO and the Company from all the loss, claim, demand, suits, proceedings, damages, costs, expenses, liabilities (including, without limitation, reasonable legal fees) or cause of for use and misuse of the Cable Service, STB or for non-observance of the Terms by the Subscriber.

Jurisdiction

All disputes and differences with respect to these Terms between the Subscriber and the Company or the LCO shall be subject only to the jurisdiction of the courts at. Mumbai

INTRODUCTION

This is to inform that the Hon’ble National Company Law Tribunal, Mumbai (“NCLT”), vide its Order dated 11th November 2022 (“Order”), has approved the Scheme of Arrangement between NXTDIGITAL Limited (“NDL”) and Hinduja Global Solutions Limited (“HGS”).

Consequent to the said Order, the Digital, Media and Communications business undertaking of NDL as detailed in the Order, alongwith all their concomitant rights, obligations, and liabilities, shall from 12th November 2022 (“Effective Date”), vest with HGS.

NXTDIGITAL, a division of Hinduja Global Solutions Ltd. (HGS) provides digital cable, satellite, headend-in-the-sky video/audio distribution and other services (“Services”) to users within India.

By downloading “MY INDigital” ("Application"/”App”) of NXTDIGITAL, you (“User”/”You”/ "Your or "Yours") enter into an Agreement ("Agreement") with NXTDIGITAL, (“NXTDIGITAL”/"We"/"Our"/"Us") on the terms and conditions (“T&Cs”) set out below, which governs your access to App, and use of Services provided by NXTDIGITAL or by Our Affiliates and constitutes a binding legal Agreement ("Terms").

Please read these T&Cs carefully use the App and/ or Service offered by us through App. By accessing, downloading and using the App it is deemed that you have accepted the T&Cs. Please do not use the App in case you do not agree and accept the said T&Cs.

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

The Terms setout herein are the part of the NXTDIGITAL Website Policy and Agreement. You are requested to visit www.indigital.co.in to read and said Policy and Agreement.

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 www.indigital.co.in

APPLICATION

• The App is an online platform which enables You to avail Our Services. 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 update this 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.
• By downloading the App and accepting the Terms, 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 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 other licenses or rights are granted to You by implication or otherwise, except for the licenses and rights expressly granted to you.

REGISTRATION AND ACCEPTANCE OF TERMS

In consideration of Your use of Application, 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. To create your User Account (“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 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 User Account, and (ii) ensure that you properly exit all Services at the completion of Your user 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.

INTELLECTUAL PROPERTY

All the graphical contents depicted on this Application are the exclusive property of NXTDIGITAL/HGS and its affiliates, including but not limited to the text, audio, video, graphical images, trademarks and logos (including trademark(s) "NXTDIGITAL and/or "INDigital"), All rights not expressly granted herein are reserved by NXTDIGITAL. Information displayed on the Website or carried by the Website are protected by copyright, trademark and intellectual property laws.

You agree 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

The content, services and the products available through the Application, if applicable, are provided "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" and without warranties of any kind either express or implied.

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 App, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the App, its contents or associated services or due to any unavailability of the App 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 Application.

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 Application or Website.

INDEMNIFICATION

You agree to indemnify, NXTDIGITAL/HGS and its affiliates, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the App and 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 Application.

TERMINATION

You understand and agree that NXTDIGITAL may, at its sole discretion and at any time, suspend or terminate Your access to the App, suspend Your account or use of any Service for any reason. as the case may be, 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.

You understand and agree that NXTDIGITAL shall not have any liability to You or any other person for 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, in accordance with the various policies including Privacy Policy, as set out on this Agreement and on Website. You are hereby requested to read, completely understand and agree to such policies including 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 for non-availability of the App or any Services thereof carry out by Act of God or a force majeure event such as war, disease, pandemic, endemic, 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 is to inform that the Hon’ble National Company Law Tribunal, Mumbai (“NCLT”), vide its Order dated 11th November 2022 (“Order”), has approved the Scheme of Arrangement between NXTDIGITAL Limited (“NDL”) and Hinduja Global Solutions Limited (““HGS””).

Consequent to the said Order, the Digital, Media and Communications business undertaking of NDL as detailed in the Order, alongwith all their concomitant rights, obligations, and liabilities, shall from 12th November 2022 (“Effective Date”), vest with “HGS”.

This Privacy Policy (“Privacy Policy”) sets out how NXTDIGITAL, a division of Hinduja Global Solutions Ltd. uses and protects any information that You (“User”/”You”) give, when You use this Application “MY INDigital” (“Application”). NXTDIGITAL 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 Application, then you can be assured that it will only be used in accordance with this Privacy Policy.

NXTDIGITAL provides digital cable TV and its allied services via satellite, headend-in-the-sky platform, cable distribution etc. the details of which are available on its Application to users within India.

When we say "Our", "We", or "Us", we're talking about NXTDIGITAL. This Privacy Policy ("Privacy Policy") applies to our Application, Services (as defined in the Application Agreement), features and software (together, "Services") unless specified otherwise.

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 Application and to Our online customers. By visiting and/or using Our Application, You agree to this Privacy Policy.

NXTDIGITAL may change this Privacy Policy from time to time by updating this page. You should check this page regularly to ensure that You are updated with any changes.

This Privacy Policy is part of our Terms of Service and Agreement and applies to the Personally Identifiable Information that is collected in connection with the use of the Application 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.

AGE RESTRICTION

This Application is allowed to use by users who are competent to contract under applicable laws. Individuals who are aged more than 13 (thirteen) years but less than 18 (eighteen) years are not permitted to use the Application 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 (eighteen) 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 (thirteen) 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 App receives or collects information in the following manner:
  • Information You choose to provide us voluntarily.
  • Information We get when You access or use our Application 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 Application.

USER OBLIGATIONS:

As a user of the Application 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 but not limited to, Your name, address etc. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Application 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 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 Application 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 Application 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 Application 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 (mobile/cellular phone/laptop etc.) 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 applications that use our Services: We collect information when You visit or use third-party Applications and applications that use our Services. This includes information about the Applications and applications that You visit, Your use of our Services on those Applications and applications, as well as information the developer or publisher of the app or Application 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

• 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 Applications 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 Application or applications, 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 (thirteen) years. Therefore, we do not knowingly collect personal information from anyone who is below 13 (thirteen) 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.

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 onus or any of Our affiliates in any jurisdiction;
  • Where we believe it is reasonably necessary to comply with applicable laws or regulations;
  • When We, in good faith, believe that 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.
  • 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 and update most of the personal information directly through our Application. You can access and update most of Your basic User Account information right in Our Application 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.

LOSS OF DATA

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

INDEMNIFICATION:

You agree to defend and indemnify NXTDIGITAL/HGS and 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 Application and 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.

This is to inform that the Hon’ble National Company Law Tribunal, Mumbai (“NCLT”), vide its Order dated 11th November 2022 (“Order”), has approved the Scheme of Arrangement between NXTDIGITAL Limited (“NDL”) and Hinduja Global Solutions Limited (“HGS”).

Consequent to the said Order, the Digital, Media and Communications business undertaking of NDL as detailed in the Order, along with all their concomitant rights, obligations, and liabilities, shall from 12th November 2022 (“Effective Date”), vest with HGS.

Please read this acceptable usage policy ("Policy"/"AUP") carefully before using “MY INDigital” Application("Application") operated by NXTDIGITAL, a division of Hinduja Global Solutions Ltd ("NXTDIGITAL ").

The capitalized terms mentioned herein, have the same meaning as defined in the applicable Application terms & Conditions ("Agreement").

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. 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 AU Policy in any manner, may result in suspension or termination of the Services or removal of Your User Account or its access with or without notice.

ENFORCEMENT:

Your access to this Application may be suspended or terminated with or without notice upon any violation of this AU Policy. Any violations may result in the immediate suspension or termination of your User Account.

You undertake not to, and not to allow third parties from your User Account to use the Application 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 Application, 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 Application.
• to test or reverse-engineer the Application 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, willful error, omission or negligence.
• to commit any act which may lead to piracy of any of the content in the Application.
• 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 and HGS does not grant any express or implied right to you with regard to NXTDIGITAL'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.
• 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.

DISPUTES AND JURISDICTION

The Terms and Conditions set out herein above 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.

MODIFICATIONS & AMENDMENTS:

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 Application will be a deemed acceptance of such modified or updated Policies.

• What does 1M or 12M denote? ‘M’ stands for month(s) which indicates the subscription period of the package chosen.
• The subscription charges and offer conditions are subject to change by NXTDIGITAL at any time. Prices mentioned are inclusive of all applicable taxes which may change if there are any changes in applicable taxes.
• NXTDIGITAL does not make any representation or warranties with respect to the availability, accuracy, authenticity, quality etc. of Third Party’s OTT Content Service provided through the Linked Application(s) and NXTDIGITAL shall not be liable for any deficiency in service, with respect to the same.
• NXTDIGITAL shall not be responsible for any OTT Content being or not being shown or for availability/unavailability of the same on any OTT Content Service platform. This remains the sole responsibility of the Third-Party OTT Content Service Providers/owners/rights owners. For any queries and complaints related to the OTT Content Service, Authorised Subscriber should call or write to the customer care services of the respective OTT platform owners.
• NXTPLAY App is available only on Android Mobile & TV.

These terms and conditions are to be read together with the Customer Application Form (CAF) and the Package Application Form (PAF). The terms defined below have the meanings ascribed to them wherever they appear in this Terms and Conditions and where appropriate, references to the singular include references to the plural; references to the male include the female and references to any statutory enactment include subsequent changes to the same and vice versa.

Definitions

• Addressable System means an electronic device or more than one electronic devices put in an integrated system through which signals of television channels can be sent in encrypted from, which can be decoded by the device or devices at the premises of the subscriber within limits of the authorization made, through the Conditional Access System and Subscriber Management System on the explicit choice and request of such subscriber, by the cable operator to the subscriber.
• Alternative Tariff Package (ATP) means a tariff package which a service provider may offer, in addition to the standard tariff package, for supply of a set box to the subscriber for receiving programmes.
• "Governmental Authority" means any statutory authority, ministries or department of the Government of the India or States or Union Territories, agency, commission, board, tribunal or court including without limitation MIB, TRAI, TDSAT or any other body or authority regulating the broadcasting and distribution of channels in India.
• "Broadcaster" means a person or a group of persons, or body corporate, or any organization or body who, after having obtained, in its name, downlinking permission for its channels, from the MIB, is providing programming services;
• "Basic Service Tier" (BST) means a package of free-to-air channels offered by the cable operator to a subscriber with an option to subscriber, for a single price to the subscribers of the area in which his cable television networks is providing services.
• "CAS" means the conditional access system maintained by the Customer in accordance with the Interconnection Regulations, Subscription Agreement and the terms of this Agreement, which shall have the ability to authorize, provide and deny specific Channels, data, or information to the Subscriber.
• "Channels" means the Linear Transmission of the Broadcaster's television channels, and accordingly each channel may be referred to as a "Channel" or collectively as "Channels".
• "Local Cable Operator" (LCO) is a Local Cable operator, who has been granted registration under the Cable Television Networks Rules, 1994, in the head post office of the Territory for providing cable television services in the Territory.
• "Company" means NXTDIGITAL, a division of Hinduja Global Solutions Ltd. (NXTDIGITAL)
• "FTA" means free to air Channels of the Broadcasters.
• "Multi System Operator" (MSO) is a multi-service operator, who has been granted registration under the Cable Television Networks Rules, 1994, by the Ministry of Information and Broadcasting, for providing cable television services through digital addressable systems in the areas notified by the Central Government under Section 4A of the Cable Television Networks (Regulation) Act, 1995.
• "Pay Channel" means a channel for which fees is to be paid to the broadcaster for its retransmission through electromagnetic waves through cable or through space intended to be received by the general public either directly or in directly and which would require the use of an addressable system attached with the receiver set of a subscriber.
• "Scheme" means systematic plans and packages offered to the Subscribers, which is described in detailed, in these T & Cs.
• "Set top box" means a device, which is connected to or is part of a television receiver and which enables a subscriber to view subscribed channels.
• "Standard Tariff Package" (STP) means a package of tariff as may be determined by the Authority for supply of a STB to the Subscriber by a Service Provider for receiving Programme.
• "Subscriber" shall mean each active STB availing the Subscribed Channels from the Customer by means of Linear Transmission, through the CATV system and infrastructure services by NXTDIGITAL.
• "You" means the Subscriber.
• "Right to Use Basis" STB is transferred to the Subscriber / LCO under the Scheme, however the title of the STB shall remain with the Company, at all times.

Provision of Service & Scheme:

The Company’s Cable Service & Scheme shall be made available to the Subscriber with effect from the date of activation of the STB and on Terms and Conditions contained herein and also contained in the consumer charter which the Subscriber hereby unconditionally accepts and undertakes to abide.

The Subscriber shall fill in the CAF and shall submit to LCO. LCO shall ensure the details of the subscriber in CAF is complete and accurate. Subscriber shall also submit know your customer (KYC) documents along with CAF.

The Subscriber shall subscribe the selective HD or SD package for 12 (twelve) months with monthly subscription charges starting from Rs 575/-* for HD Scheme or Rs 400/-* for SD Scheme. The Subscriber shall be provided with STB for subscribing Family Entertainment Package HD for HD STB and SD for SD STB. Upon subscription of the selective pack the Subscriber shall be provided with a HD (High Definition) or SD (Standard Definition) Set Top Box (STB) under the Terms of “right of use only And the ownership of such STB will always remain with NXTDIGITAL. This Scheme is applicable for Subscribers of Thane, Mumbai, Navi Mumbai and Delhi. Offer is valid till stocks last.

Payment Obligations under the Scheme:

Cable Service & Scheme shall be made available to the Subscriber with effect from the date of activation of the STB. Subscriber shall renew their package on monthly/qtly/half yearly /Yearly basis for a period of 12 months. In case of non-renewal for more than 30 days, LCO shall discontinue the package. And Subscriber shall return STB to LCO/ NXTDIGITAL. with all accessories in satisfactory working conditions.

In case if Subscriber or LCO fails to return STB and its accessories to NXTDIGITAL or STB and its accessories are damaged then Subscriber or LCO shall be liable to compensate the loss and the Company reserves the right to initiate appropriate legal proceedings to recover its property.

If the Subscriber chooses to relocate, the Subscriber shall submit its application in advance either to the Company or its LCO. After verification of the outstanding dues, the Company shall provide the service at the new location, provided it is technically and operationally feasible. If not, the Company or the LCO will inform the Subscriber likewise and the Subscriber can opt to surrender the STB.

In case of STB malfunction, the LCO will replace or repair the STB and the Subscriber will be liable to pay repair charges if the STB is out of warranty period.

STB’s provided to the Subscribers and LCO’s shall at all times be and remain, the sole and exclusive property of NXTDIGITAL.; and the LCO shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement.

Neither the Company nor its LCO shall disconnect a Subscriber without giving 15 days written notice. However, this will not apply if the Subscriber is found to be the cause of privacy.

The Subscriber hereby agrees to allow the authorized representatives of the LCO/the Company to enter upon the Installation Address for inspection, installation, removal, repair and maintenance, replacement and repossession of the Hardware under the Terms hereof. This clause survives the termination until the dues are paid. along with the STB owned by the Company is returned to the Company in satisfactory working condition.

The Subscriber undertakes that he shall neither by himself nor allow any other person to modify, misuse or tamper with the Hardware or to add or remove any seal, brand, logo, information, etc. which affects or may affect the integrity/functionality/identity of the Hardware or otherwise remove or replace any part thereof.

Unauthorized Use of STB:

Subscriber/LCO undertakes to use the STB and its accessories as per the terms of this Agreement and in consonance with all the applicable legislation and guidelines. In the event of any breach or violation, Subscriber/ LCO shall only be liable for such breach or violation and for any executive or judicial action initiated by the relevant authorities.

Force Majeure

If at any time, during the continuance of Service, the Service is interrupted, discontinued either whole or in part, by reason of war, war like situation, civil commotion, theft, willful destruction, terrorist attack, sabotage, fire, flood, earthquake, riots, explosion, epidemic, quarantine, strikes, lock out, compliance with any acts or directions of any judicial, statutory or regulatory authority or any others Acts of God, or if any or more Channels are discontinued due to any technical or system failure at any stage or for any other reasons beyond the reasonable control of the LCO or the Company, the Subscriber will not have any claim for any loss or damages against the LCO or the Company.

Indemnity

The Subscriber hereby indemnifies and holds harmless the LCO, MSO and the Company from all the loss, claim, demand, suits, proceedings, damages, costs, expenses, liabilities (including, without limitation, reasonable legal fees) or cause of for use and misuse of the Cable Service, STB or for non-observance of the Terms by the Subscriber.

Jurisdiction

All disputes and differences with respect to these Terms between the Subscriber and the Company or the LCO shall be subject only to the jurisdiction of the courts at. Mumbai

Introduction

This is to inform that the Hon’ble National Company Law Tribunal, Mumbai (“NCLT”), vide its Order dated 11th November 2022 (“Order”), has approved the Scheme of Arrangement between NXTDIGITAL Limited (“NDL”) and Hinduja Global Solutions Limited (“HGS”).

Consequent to the said Order, the Digital, Media and Communications business undertaking of NDL as detailed in the Order, along with all their concomitant rights, obligations, and liabilities, shall from 12th November 2022 (“Effective Date”), vest with HGS.

This privacy policy (“Privacy Policy”) is created by NXTDIGITAL, a division of Hinduja Global Solutions Ltd. (NXTDIGITAL) for the users and visitors(“User/You/Your/Visitor”) of the Online platform (Platform) named NXTPlay. When we say “Our”, “We”, or “Us”, we are referring to NXTDIGITAL.

NXTDIGITAL, is committed to ensure that your privacy is protected, pursuant to which this Privacy Policy has been created to set out the manner in which NXTDIGITAL procures, uses and protects any information given by its Users. Should NXTDIGITAL ask You to provide certain information by which You can be identified when using this Platform, then you can be assured that it will only be used in accordance with this Privacy Policy.

This Privacy Policy applies to all visitors/users of the Platform. By visiting and/or using our Platform, You agree to this Privacy Policy. NXTDIGITAL may amend this Privacy Policy from time to time by updating this page. You should check this page regularly to ensure that You are aware of any changes.

This Privacy Policy (“Privacy Policy”) applies to our Platform and Services, features and software of Platform (hereinafter collectively referred to as “Platform”) which may form part of the Platform unless specified otherwise.

This Privacy 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 Platform. 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 Platform is subject to this Privacy Policy and Terms.

By using the Platform or by otherwise giving us Your information, You shall 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 and further utilization of it by NXTDIGITAL as per its business requirement. 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 Platform on behalf of someone else, You represent that You are authorized 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 Platform.

INFORMATION COLLECTED

The Platform receives or collects information in the following manner:

• Information You choose to provide us voluntarily.
• Information we collect when You install, access, or use our Platform.
• Information we obtain from third parties.
• Information we request from You in order for You to access to our Platform
• Information that is collected about how you utilize the Platform

The information collected from you by NXTDIGITAL may constitute ‘Personal Information’ or ‘Sensitive Personal Data or Information’ under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, as amended.

INFORMATION YOU CHOOSE TO PROVIDE

• Your Account Information: You shall be required to provide Your mobile phone number, name and mobile device along with other relevant information to create an account on our Platform. You may also add other information to Your account, such as a Name, User name, email id, Aadhar Card, Passport details, PAN Card or Driving License number etc.
• Customer Support: You may further provide us with information related to ofand issues that you may face or encounter when using our Platform. This may include, but is not limited to messages (emails, mobile messages, electronic messages, voice calls/chat messaging with our customer service centre etc.). All such information, will further be collected and stored about You.

AUTOMATICALLY COLLECTED INFORMATION

• Usage and Log Information: We collect service-related, diagnostic, and performance information when You use our Platform. This includes information about Your activity including, but not limited to how You use our Platform, log files, and diagnostic, crash, performance logs and reports.
• Transactional Information: If You use our Platform for purchase or other 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 may collect device-specific hardware and software information when You install, access, or use our Platform. 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, Platform may, with Your consent, collect information from Your device(s)’s contacts list 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 location service features on your device(s), 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 Platform’s location features.
• Information from websites and applications that use our Platform: We collect information when You visit or use third-party websites and applications that use Our Platform. This includes information about the websites and applications that You visit, Your use of our Platform on those websites and applications, as well as information the developer or publisher of the app or website provides to You or Us.
• Information from third-party partners: We may receive information about You and Your activities on and off our Platform 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 including third party 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 Platform, including to provide Our Platform that are web-based, improve Your experiences, understand how Our Platform are being used, and customize Our Platform as well as measure traffics and usage trends for the Platform.
• Information collected from tracking Platform usage: We may track certain information about the content viewed and your visit to our Platform. This information may include the Platform that you just visited, which platform/website or other application you next visit, your computer browser information, your mobile phone operating system version.

The aforesaid data will not be provided to a third party entity excluding entities that are subsidiary or affiliates of NXTDIGITAL, and in the event it is provided, the data will be limited for the purposes of collecting data analytics and curating content as per Your previous inputs and logs.

INFORMATION RECEIVED FROM THIRD-PARTY

• Your Information provided by Others: We may receive information other entities provide Us, which may include information about You.
• Third-Party Providers: work with third-party providers to help Us operate, provide, improve, understand, customize, support, and market Our Platform. 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 Platform issues.

HOW INFORMATION IS COLLECTED

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfilment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We use data collection devices such as "Cookies" on certain pages of our Platform. "Cookies" are small files sited on Your hard drive that assist us in providing customized Services. We also offer certain features that are only available through the use of a "Cookie". Cookies can also help Us provide information, which is targeted to Your interests. Cookies may be used to identify logged in or registered Users.
• Third party vendors including google.com (“Google”) may use cookies to serve ads based on Your visits to this Platform. You may visit the Platform of the third party and choose to opt out of the use of cookies for interest-based advertising, if the third party offers such an option. You may choose to opt-out of the DoubleClick cookie that Google and its partners use for interest-based advertising by visiting Ads Settings. (Alternatively, you can direct users to opt out of a third-party vendor's use of cookies for interest based advertising by visiting aboutads.info.)

EXTERNAL LINKS ON WEBSITE

• The Platform may include hyperlinks to other web sites or content or resources. We have no control over any websites or resources, which are provided by companies or persons other than Us.
• You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
• You acknowledge and agree that We are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. We recommend that when you enter a Third-Party Site, you review the Third Party Site’s privacy policy as it relates to safeguarding your personal information. We use third-party advertising companies to serve ads when you visit the Platform.

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 Platform: We develop, operate, improve, deliver, maintain and provide our Platform, 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 Platform, and analyze and use the information we have to evaluate and improve our Platform, 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 Platform, for loss prevention, anti-fraud purposes, investigating suspicious activity and/ or violations of our Terms, and to ensure our Platform 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 may 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.
• Direct Marketing: We will allow You and third parties, like businesses, to communicate with each other using our Platform, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing.
• We may also run special offers or other events or activities ("Events") on the Platform. 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 Application or Platform Services, including Your personal information, may be transferred and stored and processed in India. 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 Platform 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 commercially reasonable safeguards to help keep the information collected through the Platform secure and take reasonable steps (such as requesting a unique password) to verify Your identity before granting You access to Your account. However, we cannot ensure the security of any information You transmit to us or guarantee that information on the Platform may not be accessed, disclosed, altered, or destroyed.
• 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 Platform may not be accessed, disclosed, altered, or destroyed. We do not warrant or guarantee the security of our Platform or any information You provide to us through our Platform.
• We wish to clarify that our Platform 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.

OUR DISCLOSURE OF YOUR INFORMATION

• Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties.
• Under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse your information that they collect from our Platform. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private.
• As a matter of policy, we do not sell, share or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed:
  • External Service Providers: There may be a number of services offered by external service providers that help You use our Platform. If You choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about You, then their use of your information is governed by their private policy.
  • Other Corporate Entities: We share much of our data, including personally identifiable information about you, with our parent, their subsidiaries/affiliates, and/or our subsidiaries/affiliates, as applicable, that are committed to serving Your online needs and related services, throughout the world. Such data will be shared for the sole purpose of enhancing Your browsing experience and providing our services to You. To the extent that these entities have access to Your information, they will treat it at least as protectively as they treat information they obtain from their other members. It is possible that NXTDIGITAL and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, You should expect that we would share some or all of your information with our acquirer company and/or its subsidiaries/affiliates in order to continue to provide the Service.
  • Law and Order:We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and You authorize us to) disclose any information about You to law enforcement and other government officials as we, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us or You to legal liability. We shall share Your information with law enforcement authorities in the following cases:
    • to comply with applicable laws and regulations, including the Information Technology Act, 2000;
    • to comply with a court order, subpoena or other legal process, whether binding on us or any of our affiliates in any jurisdiction;
    • in response to a request by a government authority, law enforcement agency or similar body made to us or any of our affiliate companies (whether situated in Your jurisdiction or elsewhere);
    • 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.
    • 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 and update most of the personal information directly through our Application or Platform Services. You can access and update most of Your basic User 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.

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 Platform confirms Your acceptance of our Privacy Policy, as amended. If You do not agree to this Privacy Policy, as amended, You must stop using our Platform and deactivate Your account with us immediately. Please review our Privacy Policy from time to time.

DISPUTES AND JURISDICTION

The Terms and Conditions set out herein above 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.

CONTACT US

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

These terms and conditions are to be read together with the Customer Application Form (CAF) and the Package Application Form (PAF). The terms defined below have the meanings ascribed to them wherever they appear in this Terms and Conditions and where appropriate, references to the singular include references to the plural; references to the male include the female and references to any statutory enactment include subsequent changes to the same and vice versa.

Definitions

• Addressable System means an electronic device or more than one electronic devices put in an integrated system through which signals of television channels can be sent in encrypted from, which can be decoded by the device or devices at the premises of the subscriber within limits of the authorization made, through the Conditional Access System and Subscriber Management System on the explicit choice and request of such subscriber, by the cable operator to the subscriber.
• Alternative Tariff Package (ATP) means a tariff package which a service provider may offer, in addition to the standard tariff package, for supply of a set box to the subscriber for receiving programmes.
• "Governmental Authority" means any statutory authority, ministries or department of the Government of the India or States or Union Territories, agency, commission, board, tribunal or court including without limitation MIB, TRAI, TDSAT or any other body or authority regulating the broadcasting and distribution of channels in India.
• "Broadcaster" means a person or a group of persons, or body corporate, or any organization or body who, after having obtained, in its name, downlinking permission for its channels, from the MIB, is providing programming services;
• "Basic Service Tier" (BST) means a package of free-to-air channels offered by the cable operator to a subscriber with an option to subscriber, for a single price to the subscribers of the area in which his cable television networks is providing services.
• "CAS" means the conditional access system maintained by the Customer in accordance with the Interconnection Regulations, Subscription Agreement and the terms of this Agreement, which shall have the ability to authorize, provide and deny specific Channels, data, or information to the Subscriber.
• "Channels" means the Linear Transmission of the Broadcaster's television channels, and accordingly each channel may be referred to as a "Channel" or collectively as "Channels".
• "Local Cable Operator" (LCO) is a Local Cable operator, who has been granted registration under the Cable Television Networks Rules, 1994, in the head post office of the Territory for providing cable television services in the Territory.
• "Company" means NXTDIGITAL, a division of Hinduja Global Solutions Ltd. (NXTDIGITAL)
• "FTA" means free to air Channels of the Broadcasters.
• "Multi System Operator" (MSO) is a multi-service operator, who has been granted registration under the Cable Television Networks Rules, 1994, by the Ministry of Information and Broadcasting, for providing cable television services through digital addressable systems in the areas notified by the Central Government under Section 4A of the Cable Television Networks (Regulation) Act, 1995.
• "Pay Channel" means a channel for which fees is to be paid to the broadcaster for its retransmission through electromagnetic waves through cable or through space intended to be received by the general public either directly or in directly and which would require the use of an addressable system attached with the receiver set of a subscriber.
• "Scheme" means systematic plans and packages offered to the Subscribers, which is described in detailed, in these T & Cs.
• "Set top box" means a device, which is connected to or is part of a television receiver and which enables a subscriber to view subscribed channels.
• "Standard Tariff Package" (STP) means a package of tariff as may be determined by the Authority for supply of a STB to the Subscriber by a Service Provider for receiving Programme.
• "Subscriber" shall mean each active STB availing the Subscribed Channels from the Customer by means of Linear Transmission, through the CATV system and infrastructure services by NXTDIGITAL.
• "You" means the Subscriber.
• "Right to Use Basis" STB is transferred to the Subscriber / LCO under the Scheme, however the title of the STB shall remain with the Company, at all times.

Provision of Service & Scheme:

The Company’s Cable Service & Scheme shall be made available to the Subscriber with effect from the date of activation of the STB and on Terms and Conditions contained herein and also contained in the consumer charter which the Subscriber hereby unconditionally accepts and undertakes to abide.

The Subscriber shall fill in the CAF and shall submit to LCO. LCO shall ensure the details of the subscriber in CAF is complete and accurate. Subscriber shall also submit know your customer (KYC) documents along with CAF.

The Subscriber shall subscribe the selective HD or SD package for 12 (twelve) months with monthly subscription charges starting from Rs 575/-* for HD Scheme or Rs 400/-* for SD Scheme. The Subscriber shall be provided with STB for subscribing Family Entertainment Package HD for HD STB and SD for SD STB. Upon subscription of the selective pack the Subscriber shall be provided with a HD (High Definition) or SD (Standard Definition) Set Top Box (STB) under the Terms of “right of use only And the ownership of such STB will always remain with NXTDIGITAL. This Scheme is applicable for Subscribers of Thane, Mumbai, Navi Mumbai and Delhi. Offer is valid till stocks last.

Payment Obligations under the Scheme:

Cable Service & Scheme shall be made available to the Subscriber with effect from the date of activation of the STB. Subscriber shall renew their package on monthly/qtly/half yearly /Yearly basis for a period of 12 months. In case of non-renewal for more than 30 days, LCO shall discontinue the package. And Subscriber shall return STB to LCO/ NXTDIGITAL. with all accessories in satisfactory working conditions.

In case if Subscriber or LCO fails to return STB and its accessories to NXTDIGITAL or STB and its accessories are damaged then Subscriber or LCO shall be liable to compensate the loss and the Company reserves the right to initiate appropriate legal proceedings to recover its property.

If the Subscriber chooses to relocate, the Subscriber shall submit its application in advance either to the Company or its LCO. After verification of the outstanding dues, the Company shall provide the service at the new location, provided it is technically and operationally feasible. If not, the Company or the LCO will inform the Subscriber likewise and the Subscriber can opt to surrender the STB.

In case of STB malfunction, the LCO will replace or repair the STB and the Subscriber will be liable to pay repair charges if the STB is out of warranty period.

STB’s provided to the Subscribers and LCO’s shall at all times be and remain, the sole and exclusive property of NXTDIGITAL.; and the LCO shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement.

Neither the Company nor its LCO shall disconnect a Subscriber without giving 15 days written notice. However, this will not apply if the Subscriber is found to be the cause of privacy.

The Subscriber hereby agrees to allow the authorized representatives of the LCO/the Company to enter upon the Installation Address for inspection, installation, removal, repair and maintenance, replacement and repossession of the Hardware under the Terms hereof. This clause survives the termination until the dues are paid. along with the STB owned by the Company is returned to the Company in satisfactory working condition.

The Subscriber undertakes that he shall neither by himself nor allow any other person to modify, misuse or tamper with the Hardware or to add or remove any seal, brand, logo, information, etc. which affects or may affect the integrity/functionality/identity of the Hardware or otherwise remove or replace any part thereof.

Unauthorized Use of STB:

Subscriber/LCO undertakes to use the STB and its accessories as per the terms of this Agreement and in consonance with all the applicable legislation and guidelines. In the event of any breach or violation, Subscriber/ LCO shall only be liable for such breach or violation and for any executive or judicial action initiated by the relevant authorities.

Force Majeure

If at any time, during the continuance of Service, the Service is interrupted, discontinued either whole or in part, by reason of war, war like situation, civil commotion, theft, willful destruction, terrorist attack, sabotage, fire, flood, earthquake, riots, explosion, epidemic, quarantine, strikes, lock out, compliance with any acts or directions of any judicial, statutory or regulatory authority or any others Acts of God, or if any or more Channels are discontinued due to any technical or system failure at any stage or for any other reasons beyond the reasonable control of the LCO or the Company, the Subscriber will not have any claim for any loss or damages against the LCO or the Company.

Indemnity

The Subscriber hereby indemnifies and holds harmless the LCO, MSO and the Company from all the loss, claim, demand, suits, proceedings, damages, costs, expenses, liabilities (including, without limitation, reasonable legal fees) or cause of for use and misuse of the Cable Service, STB or for non-observance of the Terms by the Subscriber.

Jurisdiction

All disputes and differences with respect to these Terms between the Subscriber and the Company or the LCO shall be subject only to the jurisdiction of the courts at. Mumbai