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into this agreement / CAF. The Customer acknowledges that upon signing this CAF he is bound by the terms and conditions thereof in respect of the Direct To Home services (DTH) including but not limited to the installation, costs of services, choice of packages and utilization of recharge vouchers. The Customer agrees that by signing of the CAF, retention and/or use of the d2h services/product he shall be deemed to have willingly accepted the terms and conditions of this Agreement. BBCL reserves the right to reject the CAF for any non compliance, misrepresentation, incomplete information by the Customer 1) Customer Agreement Form (“CAF”): The terms and conditions herein contained shall constitute a legally valid and subsisting Agreement between BBCL and the Customer, as named in the CAF (“the Agreement”) and shall be binding on the Customer. No change in the information tendered by the Customer in the CAF shall be valid till the time such change is duly communicated to BBCL in writing and accepted by BBCL. BBCL reserves the right to reject in whole or in part any CAF filled in by the Customer for any reason. 2) Definitions:“DTH” means Direct to Home. “Customer” means a person whose name is mentioned in the CAF and who receives the services of BBCL. “Address” shall mean the address of the Customer in India set forth in the CAF or any new address as intimated by the Customer to BBCL. “Correspondence Address” means the address in the CAF as identified by the Customer for BBCL to communicate with the Customer and modification thereof as permitted by BBCL. “Engineer” means a person specifically authorized by BBCL for installation and other related services. “Force Majeure Event” shall mean and include any reason/s or cause/s beyond the control of BBCL including but not limited to an act of God, fir e, flood, natural disaster, failure of communications, equipment, machinery, transmission limitations/problems caused by topographical, environmental, atmospheric, hydrological conditions and/or such other factors, features, conditions, system changes or capacity limitations for reasons of up-gradation, variations, installation relocations, repairs, operations and /or maintenance of systems, equipment, the services, revocation of BBCL's DTH license, breach of contract by any content and or technology partners of BBCL, threat to the security of BBCL personnel including the engineer, theft, tampering with or damage to BBCL property of facilities. “Helpline” means the call centers of BBCL. “Authorized Representative” shall mean a person who is aged 18 years or above and deputed by the Customer to act for and on his behalf. “Commercial Customer” means all category of Customers (other than the restricted category of commercial establishments), who are authorized and are not specifically prohibited by the regulatory bodies to receive services at a place indicated by them in the CAF and to use such services for the benefit of their clients, customers, members or any other class or group of persons having access to such place. “Customer Premises or Installation Address” means the installation location specified by the Customer in the CAF where BBCL will install the Equipment to view the DTH services. “Satellite Card” means the smart card provided by BBCL which is inserted in the STB to enable the same to decode the BBCL signals. The Satellite Card shall always remain property of BBCL and the Customer has only license to use it for viewing the Services of BBCL till such time the Customer continues to pay the Subscription Fee and adheres to all the terms and conditions of this Agreement. “Set Top Box (STB)” means the device, together with a Remote Control and associated accessory which is compatible and able to receive and/or decode the BBCL signals which may also include products capable of receiving DTH services in High Definition (HD), digital video recording devices, speaker systems etc or any other similar products capable of viewing DTH services. “Broadcaster” means a broadcasting company from which BBCL sources its television signals. The term Broadcaster shall also mean and include distribution companies/networks appointed/formed/incorporated by a Broadcaster to distribute its television signals. “CPE” shall mean the Customer Premises Equipment which shall include the ODU and its accessories, STB, Remote and its accessories & Satellite Card, cable necessary for completion of installation. “ODU” means Out Door Unit and includes devices, reflector and Low Noise Block Feed Horn (LNBF) Cable & Accessories provided by BBCL that are necessary to receive the service. The ODU shall always remain property of BBCL and the Customer has only license to use it for viewing the Services of BBCL till such time the Customer continues to pay the Subscription Fee and adheres to all the terms and conditions of this Agreement. “BBCL Hardware” means the Satellite Card (Viewing Card), ODU with other accessories and shall include STB & Remote in case STB is taken on Rental Module. “Installation” means the first time installation of the CPE that takes place in order to activate the services. “MDU” means Multi Dwelling Units situated in a building with multiple floors with single or multiple units on each floor, which includes STB, Switches, cable, ODU with the necessary accessories etc. An MDU installation shall always remain the property of BBCL and the Customer has only the license to use it for viewing the Services of BBCL till such time the Customer continues to pay the Subscription Fee and adheres to all the terms and conditions of this Agreement. “Work Order” shall mean a form either separate or as a part of the CAF filled with Customer details, installation details, field repair details and service assistance details duly signed by the customer and the service engineer. “Channel” means such satellite-based pay television channel and other value added services or free to air channel as may be authorized, which shall be distributed by BBCL as part of the DTH service. “Videocon d2h” means the brand name under which DTH services are provided by BBCL. “Service” means Direct To Home services provided by BBCL. “Subscription Request” means channel or bouquet of channels and applicable tariff, plan; scheme selected by the Customer either by filling of application forms over the choices made by the Customer or any modification or amendment thereto and shall also include the exercise of subscribing to three options of outright purchase, rental and hire purchase. “Customer Services” means the service/s or a part thereof subscribed for by the Customer under the subscription request. “Content” means any scheduled programming on the channel, platform service and any other programming services that BBCL may offer to the Customer as part of any Package. “Package” means any package of channels which may be offered by BBCL in its discretion and selected by the Customer from time to time as part of the service. “Subscription Fee” means the payment due from the Customer to BBCL for continued receipt of services. “Account Balance” means the current amount available in the credit or debit of the Customer Account. “Recharge Voucher” means a paper or an electronic voucher which is a source to pay for the services used by the Customer, to BBCL. “Registered Telephone Number” (RTN) means the phone number declared by the Customer in the CAF for further contact. “Charges” shall mean and include fees, charges, rates, taxes, cesses , and levies for providing the services, installation and associated services to the Customer. “Customer Care Centre” means the BBCL Customer Care Centre where the customer may call and enquire, register his service request regarding d2h services on the given telephone numbers. “License Agreement” means the license issued to BBCL by the Ministry of Information and Broadcasting, Government of India, to operate as DTH service provider. “Law” means and shall include all applicable statutes, enactments, acts of legislature or Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Government Authority, tribunal, board or court including, without limitation, the DTH Guidelines in force issued by the Government of India for DTH broadcasting services and License obtained by BBCL from the Government of India pursuant to the applicable law all As amended, modified or re-issued from time to time. “Customer ID” shall mean the unique Customer identification code issued to the Customer for purposes of accessing his/her Customer Account. “Covered Fault” shall mean faults in the BBCL Hardware and Installation except as excluded in the Warranty Clause of CAF. “Third Party Hardware” shall mean Satellite TV, Satellite LCD, Satellite DVD and/or any other hardware to be specified by BBCL from time to time and/ or at a later date. “Account Statement” means a statement of transactions completed within a given time period which is made available to the customer on a periodic basis and by a method determined by BBCL. “Installation” shall mean installation of the CPE for activation of the services and also for activation in the event of relocation, by BBCL engineer at the address of the Customer. “A La Carte Offer” shall mean a Subscriber can individually select Channels of his choice available on the Platform to create a pack of his own. 3. Subscription Agreement The services shall be activated only when the Customer submits duly signed CAF along with proof of residence where installation is requested, other mandatory requirements and makes all the payments for services. The services shall be provided only at the installation address indicated by the Customer in the CAF. The Customer acknowledges that upon signing this CAF he is bound by the terms and conditions thereof in respect of the services including but not limited to the installation, costs of services, and choice of package and utilization of recharge vouchers. The Customer is deemed to have entered into a Subscription Agreement once the CAF is signed and executed. BBCL reserves the right to reject the CAF for any reason. 4. Indemnity by Customer The Customer indemnifies BBCL, its affiliate/s, contractor/s, distributor/s, officer/s, employee/s and agent/s against any claim/s, law suit/s, demand/s, action/s whether civil or criminal or quasi civil or quasi criminal, cost liabilities, loss/as, damage/s and expense/s which may arise out of BBCL providing the services to the Customer and/or relate to any act/s, deed/s, omission/s of the Customer including but not limited to the breach of any of the terms and conditions herein or misuse of the CPE and services received by the Customer. 5. Term This Subscription Agreement shall commence upon BBCL activating the Satellite Card and shall remain in force subject to applicable terms. 6. The Service The service shall be based on the subscription request and provided to the Customer subject to the DTH license and /or any regulatory/ governmental control and intervention in respect of the service. The Customer shall have three options from which to select the services i.e. i) outright purchase basis ii) on hire purchase basis and iii) on rental basis. The Customer shall be provided a Satellite Card bearing the brand name Videocon d2h to enable the Customer to access the service, on the terms and conditions of this agreement including any modification/s, alteration/s, addition/s and substitution/s therein from time to time. The Customer hereby acknowledges and agrees that he shall not acquire any right or title to the CPE including any other accessories in case it is on Rental and Hire Purchase Model and that the same shall be returned by the Customer upon determination hereof, and/or deactivation of the service. In the event the Customer discontinues subscription of BBCL DTH Services or the Customers Subscription gets terminated due any reason, the Customer shall be liable to return the CPE. On the Customer purchasing BBCLs STB and opting to subscribe to BBCLs DTH Services, BBCL shall grant to the Customer the limited right /conditional license to use the ODU, Satellite Card and any other accessories for accessing DTH Services (subject to payment of applicable installation charges). In the event of discontinuation of BBCLs DTH Services due to any reason whatsoever, BBCL shall have the unequivocal right to repossess, recover the ODU, Satellite Card from the Customer. The services shall be provided by BBCL to the Customer in accordance with applicable law/s, notification/s issued by the regulatory/adjudicatory authorities including but not limited to TRAI, MIB and TDSAT. The services shall be used by the Customer only at the installation address registered in the CAF and not at any other place. BBCL reserves the right to inspect the CPE, at installation address premises from time to time to check for any violation of the terms and conditions of the CAF or any infringement of intellectual property rights by the Customer. BBCL representative/s shall have the right to capture/record any such violation by taking photographs/video recordings, seek documents, take the possession of the CPE or any part thereof, without any objection by the Customer and such collection of proof shall be acceptable to the Customer and the Customer agrees that he shall not contest the same before any forum/court/ authority. The Customer further agrees that in the event if any breach or violation of any of the term/s and condition/s of this Agreement or Intellectual Property Right/s of BBCL occurs due to any act/s or omission/s of the Customer, then BBCL or its authorized representative shall have right to record such breach and also to exercise the fingerprinting mechanism or any other mechanism and the findings based upon such exercise shall be binding on the Customer and the Customer shall not contest the same. The Customer agrees and undertakes to complete the entire tenure of the Rental and will not disconnect during the minimum period as mentioned in Clause 11(I) herein below. In no case the Customer will be entitled to determine this agreement during the minimum period. Notwithstanding anything contained hereinabove, the Customer further categorically undertakes and agrees that he will be under an obligation to purchase the STB and the ODU from BBCL in the event he opts for the services of any other Service Provider after such tenure of Rental at a price prevailing at the time of such shift and a separate receipt for the sale shall be provided to the Customer by BBCL. 7. Packages/Bouquets The Customer shall subscribe to any of the packages/bouquet/channel(s) that BBCL may offer. The Customer may request BBCL to add, drop and replace a bouquet/channel(s) through BBCL Customer Care Centre. Acceptance of such a request of the Customer shall be subject to the minimum balance in the Customer Account and availability of the requested bouquet/channel(s). BBCL reserves the right at any time without prior notice to the Customer and without any liability, to do the following:a) Replace or otherwise withdraw package/s, bouquet and/or channel(s) b) Black out any content/programme c) Modify the price/s for the service or any part of the services Customer agrees that the content provided by BBCL is supplied by other parties and availability and quality of the content is beyond BBCL's control. BBCL shall not be responsible or liable for disconnection/removal of any Channel/s from its Platform if the Channel/s is not available from the Broadcasters end. BBCL reserves the right to stop providing any content in the interest of national security or in the event of an emergency or war or similar situation or if the content is anti national, promotes political/religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law and/or under any agreement BBCL has executed with the content provider or BBCL otherwise finds the content objectionable or obscene or derogatory to any person, hurts religious sentiments or infringes any privacy rights of any individual/s, or is not in the interest of the Customers of BBCL or general public. Test Channel/s or Channel/s appearing in the Active Services may be removed at any time with a reasonable notice. 8. A La Carte Offers To view and subscribe Videocon d2h A La Carte Offerings and its terms and conditions, the Subscriber may visit our website www.videocond2h.com 9. On Demand Services The Customer will have to separately subscribe to “on demand” services like pay per view (PPV) movie services, Active Radio Services and/or any other such services available on the platform of BBCL on payment of applicable charges. The Customer cannot avail the on demand services automatically. For availing the on demand services the Customer will have to have the minimum/sufficient balance required for availing such services. The Customer agrees that once he opts for any on demand services, the same cannot be cancelled and no claim for refund will be entertained by BBCL. 10. Pricing and Payments The Customer agrees to pay for the installation charges on a pre paid basis unless informed otherwise by BBCL. The Customer agrees to authorize BBCL to charge his account for subscription fee, installation charges, on demand services or any other applicable charges. In case the CPE is taken on Rental Model, the Customer agrees to pay the applicable advance rental and in that case the CPE shall remain the property of BBCL and the Customer shall only have the limited right /conditional license to use the same for accessing BBCL Services. Similarly in case of Hire Purchase (HP) the STB shall become property of Customer only upon full payment and till then BBCL shall have all rights including ownership on the same. However, the Customer shall never acquire any right or title to the Satellite Card & ODU under any mode of Subscription i.e. Rental / Hire Purchase/ Outright Purchase. The Customer may increase his account balance by using the available recharge vouchers or by any other payment options that may be available from time to time. The Customer will not be entitled for any discount/s, concession/s, credit/s, refund/s unless expressly authorized by BBCL. The Customer Account Balance is not transferable. All taxes, present and future and any other additional cess/duty levied by the governmental authorities shall be on account of the Customer. Without prejudice to its right to deactivate the services, BBCL shall have right to charge an interest @2% per month on any amount outstanding against the Customer. By signing the CAF, the Customer authorizes BBCL to charge the Customer Account for the Subscription Fee and for any other payments or charges incurred by the Customer on the due date for such amounts. BBCL reserves the right to vary the prices for the Services from time to time. Please refer to the Customer Care Centre for current pricing information and for other information regarding the Services. All payments due to BBCL shall be debited through the Customers' Account on a daily basis unless otherwise intimated by BBCL.
The Customer can refer the Helpline for current pricing criterion and for any other related information regarding the services. 11. Customer undertakes to:a) Deposit payment for services in such manner as prescribed by BBCL from time to time to enjoy uninterrupted services. b) Use the CPE strictly in accordance with the instructions in the User Guide Book, manual/s and not tamper with or manipulate the same in any manner whatsoever. c) Immediately notify the Call Centre of any damage to the CPE or its loss, theft etc. d) Render all assistance and cooperation which BBCL may reasonably expect to receive in connection with inspection to be made by the representatives of BBCL in order to check the compliance with the conditions of the Agreement on the part of the Customer. e) Render all assistance and cooperate with BBCL and its authorized representatives at the time of any visit to the Customer's Premises where the CPE is located, for the repossession of the same in the event of failure/default on the part of the Customer in payment of Rental/ HP Rental or disconnection of the Customer's Services due to non recharge and/or events as mentioned in clause 11 (j) below. f) Pay the cost as decided by BBCL, for the CPE in case of any damages to the same. g) Be responsible and liable for payment of all taxes, levies, charges, penalties imposed under any statute for the time being in force related to the services. h) Not to indulge in piracy or any activities which may result in contravention or infringement and violation of any intellectual property rights of BBCL, its broadcasters or any other person associated with such transmission. I) To maintain minimum balance in the account to avoid deactivation of services. j) BBCL shall be at liberty, without any prior notice, to disconnect the subscription of services of customer if 1) the Broadcaster requests BBCL to discontinue the services of Customer or 2) any complaint of piracy is received from broadcaster or its officials 3) the Customer is noticed to be indulging in any illegal activity or 4) misusing, tampering with the CPE or the DTH services of BBCL. k) The Customer acknowledges that he has been made aware of call center numbers and Nodal Officers numbers and other contacts as given in the User Guide /Manual etc. l) The Customer also agrees to continue with the service for at least 84 months, hereinafter referred to as “minimum period” in case BBCL Hardware has been procured under the rental scheme. 12. Installation and Activation The Customer will be charged for all the installations and activations at the prevailing rate schedule by BBCL. Such charges shall be debited to the Customer Account. The Customer is under an obligation to call the Customer Care Centre to schedule the installation. Installation shall take place on mutually convenient day, date and time, subject to availability of a slot. Installation shall be carried out only by authorized BBCL personnel in the presence of the Customer or his authorized representative. The Customer will have to obtain all the requisite permission/s, sanction/s, required for installation and the Customer shall alone be responsible for any third party objection/s at the installation address. BBCL shall not be responsible for any delay/s on account of such reason. The Customer shall ensure that BBCL installation personnel safely access the installation address premises and carry out the installation. The Customer shall be responsible for any expenses incurred towards any services provided by any third party/ agency i.e. plumber, electrician etc. BBCL shall inform the Customer in advance in case of any necessity of such third party help. The Customer shall make available a copy of valid address proof like voter ID, ration card, bank pass book, passport etc at the time of installation so as to enable the representative of BBCL to confirm the address. BBCL reserves its right to charge the Customer if installation is not possible on account of want of necessary permission/s, authorization/s, absence of the Customer or authorized person on the scheduled date of installation, interruption, disruption created by third party, and due to which reasons the representative of BBCL has to return without installation and in all such situations, BBCL shall not be responsible for delay in installation. In the event the Customer desires postponement of the installation then the same can be communicated by the Customer to the Customer Care Centre well in advance and preferably 48 hours prior to the scheduled installation. By granting appointment for installation, the Customer agrees to allow our engineer to do the drilling, cabling and other work related to installation. BBCL may consult with Customer on matters regarding installation. However, the decisions of BBCL shall be final on all such matters and the Customer shall be bound by all such decisions. BBCL shall not be responsible or liable for any interruption, disruption, deactivation of services after installation on account of any force majeure event. 13. Relocation to new address The Customer shall immediately intimate BBCL in case he relocates to new address and he will have to book fresh installation at the relocation address. BBCL does not guarantee installation at the new address. Installation at the relocation address shall be carried out in the presence of the Customer or his authorized representative only and not otherwise. The existing service assurance in respect of the CPE shall be only for the remaining period after relocation. BBCL reserves the right to deactivate the services, if the Customer moves the CPE to the new address without proper authorization of BBCL. In such an event any remaining service performance assurance on the CPE shall become invalid. BBCL shall be within its rights to charge for the installation at the relocated address as per the tariff prevailing at that time for the same by BBCL. 14. Satellite Card The Customer shall use only one Satellite Card per STB. The CPE shall remain the property of BBCL and shall be returned to BBCL by the Customer on deactivation or cancellation/termination of the services or replacement thereof. The Customer agrees that merely the right of usage of Satellite Card does not entitle him to receive the services. In case of loss, theft, damage of Satellite Card, the Customer shall immediately intimate BBCL so as to enable BBCL to deactivate the Card and BBCL reserves right to charge the Customer for such replacement, loss, damage to the Satellite Card. The Customer undertakes that he will not take the Satellite Card out of the STB (unless specifically authorized by BBCL) or allow anyone else to do so or use the same in any other manner. Each Satellite Card is paired with a particular STB and the same cannot be used in any other STB of BBCL. BBCL reserves the right to deactivate the Services for any unauthorized usage of the Satellite Card without prior written consent of BBCL. 15. BBCL Hardware Service Assurance 1. For a term of ONE year from the date of first Installation, BBCL shall ensure performance of services to the Customer by maintaining the STB at its own cost. The Hardware Service Assurance period in respect of the ODU shall be limited to 6 (six) months from the date of first installation. The Customer shall always use the BBCL Hardware diligently and shall be solely responsible for its preservation/safeguarding. In the event the Customer fails to so use the BBCL Hardware, he shall be liable for all costs, expenses towards any damage, loss etc, caused to the BBCL Hardware. In case of relocation of the BBCL Hardware, on the request of the Customer the Hardware Service Assurance shall be valid for the remaining period of the Term as aforesaid, from the date of such relocation. 2. However, during the period of Hardware Service Assurance as aforesaid, BBCL will not be responsible for maintenance of BBCL hardware (i) which is subjected to any Installation or repair or maintenance work by any person other than by an authorized Engineer of BBCL; (ii) to which accidental or deliberate damage is caused, (iii) in which any defect/s is/are caused due to any unauthorized or improper use, replacement of any part/s, removal, modification/s, alteration/s, tampering, negligence or failure to follow instructions as set out in the CAF or any User Guide/s authorized by BBCL which are provided to the Customer from time to time; (iv) in the event of force majeure, (v) in the event if the serial number or other applied and identifying labels have been removed, defaced or altered or cosmetic damaged; (vi) in the event of damage or faults arising due to defect/s or fault/s in the property at the Address of the Installation; (vii) in the event of damage arising to the property of the Customer at the Address of Installation which is caused by any act of omission/s, commission/s or negligence by the Customer or any other third party service provider; and (viii) in the event of removal of the BBCL hardware from the Installation Address. 3. BBCL reserves the right to charge for a service call attended by an Engineer and resulting repair, if any, in case of occurrence of any event as stated in point 2 above. After the expiration of the Hardware Service Assurance period, BBCL shall rectify any defect in the BBCL hardware at a charge payable by the Customer. 4. To report a fault, the Customer may call BBCL at the Customer Care numbers or contact by any other method that BBCL provides/ prescribes from time to time. 5. BBCL shall have the right to unilaterally modify any condition/s specified in this Hardware Service Assurance. 6.Except as expressly stated in this CAF, BBCL makes no warranty or representation, either express or implied, regarding any Installation or BBCL hardware or the service. All the warranties or representations, including implied warranties of merchantability and fitness for a particular purpose, title and non-infringement, are disclaimed. 7. This Hardware Service Assurance will be effective from the date of first Installation as indicated by a duly completed Work order by the Engineer. 8. BBCL shall be within its right to disconnect the services in case it is found that the Customer is misusing, tampering, pirating with the BBCL hardware in any manner whatsoever. 9. BBCL shall always remain the owner of the BBCL hardware. After expiry of the Term of the Hardware Service Assurance, BBCL does not have any obligation/liability to the Customer if there is any defect/fault in the CPE. BBCL reserves the right to charge the specified charges from the Customer for any service call made by its engineer in respect of any fault or defect in the CPE which is excluded herein and which does not relate to covered fault or defect. BBCL reserves the right to modify the terms and conditions of the Hardware Service Assurance from time to time. This assurance shall take effect only on the completion of installation by the authorized engineer of BBCL and on duly signing of the work order by the Customer. Except as expressly stated herein, BBCL makes no other representation, either express or implied, regarding the CPE. All warranties or representations, including implied warranties of merchantability and fitness for a particular purpose, title and non infringement are disclaimed. 16. Access To Customer Account The Customer agrees to provide his true, accurate, current and complete information and promptly update the contact information. Calls made from the RTN of the Customer will be accepted by the Customer Care Centre and no further identification/verification will be sought. In the event calls are not from the RTN, the Customer will be asked for identification/verification in accordance with applicable verification process. The Customer is responsible for maintaining the confidentiality of the Customer ID and verification parameters and is fully responsible for all activities that occur relating to the Customer ID. The Customer is responsible for all activities that take place under the Customer Account, including any activities which result from calls made from the RTN or from any other telephone number which is duly verified. In case the Customer requires an Account Statement for any period the Customer will have to request for the same. BBCL reserves the right to charge the Customer and debit the Subscription Account for such request. BBCL may provide alternative ways for the Customer to access the Customer Account. BBCL will notify the Customer of such alternative methods of access from time to time. It is BBCL's policy to provide the Customer with World class service in all matters relating to the provision of the Services. In order to achieve this, the Customer grants consent to the monitoring and recording of the telephone calls to the Customer Care Centre to ensure that all such calls are handled expeditiously with efficiency and courtesy. 17. Deactivation and Cancellation of Services Notwithstanding anything contained in this Agreement the Customers services are liable to be deactivated and/or cancelled by BBCL if, 1. The Customer fails to maintain the minimum balance in the account from the date when the balance expires and fails to top up the account. 2. The Customer decides to cancel the services on the expiry of the minimum period for which the Customer is required to subscribe. 3. The Customer commits breach of any of the terms and conditions of this Agreement or has acted in breach of the terms and conditions of this Agreement or any modifications thereof. 4. If the STB or Satellite Card is found in possession of any third person or is found to be outside India or at a place other than the place of installation, or if the Customer copies, distributes the signals from his STB. 5. The information provided by the Customer is found to be inadequate, false or incorrect. 6. The license necessary for BBCL to operate as DTH service provider stands cancelled. 7. BBCL finds that the Customer is copying, redistributing, relaying or transmitting the service or otherwise allowing interception of the service by using any equipment from the installation address to any place, cable operator or any other person or entity. 8. BBCL finds that the Customer is using the service or any hardware or related facilities for transmitting objectionable content, messages or communications or for anti-national activities. 9. The Customer sells and/or charges (clients, customers, members or any other class or group of persons having access to the Customer Premises), for the viewing of the Service. 10.Use in any manner whatsoever any of BBCL or affiliate trademarks/ trade names etc and/or in any manner breach BBCL or affiliate intellectual property. In case BBCL cancels the services, the Customer undertakes to forfeit any available balance in his/her account and further agrees that BBCL shall not be under any obligation to refund the same. The Customer further agrees to return the CPE to BBCL. BBCL also reserves the right to terminate the Subscription Agreement in case of such cancellation of services. 18. Reactivation BBCL shall, have the sole discretion to reactivate any deactivated Customer account. On reactivation and subsequent recharge, any amount due at the time of disconnection shall be charged and debited to the Customer Account. BBCL shall also have discretion to charge reactivation fees and debit the Customer Account for such reactivation fees. 19. Data Protection BBCL values the Customers' privacy. BBCL shall ensure that the personal data provided by the Customer in the CAF will remain secure with BBCL. However, BBCL may use or share group viewing patterns of its Customer base with governmental agencies, if required by law, or for the purposes of product development, research, strategic, financial or other business decisions. 20. Anti Piracy Measures BBCL shall be entitled to employ all such measures, including but not limited to fingerprinting for the detection of piracy and or any other unlawful activities with respect to the services as it deems fit and necessary and for which the Customer shall have no objection. BBCL shall be entitled to monitor the usage of the services by the Customer to ensure that the Customer does not violate or breach any of the terms of this Agreement. In the event of any suspicion or detection of misuse of the services BBCL shall be entitled to take such steps as it deems fit which may include deactivation or cancellation of the services. BBCL shall not be liable to the Customer for any bona fide action (including deactivation/cancellation) taken by BBCL to protect the intellectual property rights of any party and or check other unlawful activities in relation to the services even if such action is based on the information (generated by BBCL or provided to BBCL by any authorized third party) which is later Proved to be incorrect. 21. Limitation of Liabilities The Customer acknowledges that BBCL shall not be responsible for any defect/s in quality of transmission arising from the broadcaster's end and due to any event which is beyond reasonable control of BBCL. The Customer agrees that BBCL shall not be liable for any defect/s in the CPE due to any unauthorized or improper use, removal, misuse, tampering of the same in any manner whatsoever, any delay or failure of performance of this Agreement caused by any reason beyond the reasonable control of BBCL. The Customer agrees that BBCL shall not be liable for any consequential, incidental, indirect, remote, economic, punitive damages. BBCL shall not be liable for any act/s or omission/s on the part of the Customer which results in loss or damage to the CPE. Without reference to the cause the total liability of BBCL shall in no event exceed the amount that the Customer has paid for the services during the period of 2 months immediately prior to the specific event that gave rise to such damage or loss. 22.Dispute Resolution Every dispute/s, difference/s or question/s arising in respect of this Agreement shall be referred to the sole arbitration of an Officer to be deputed by BBCL and such arbitration shall be held in Mumbai. The decision of such Arbitrator shall be final and binding on both parties. 23. Jurisdiction This Agreement shall be governed and construed in accordance with the laws of India and the parties agree to submit to the exclusive jurisdiction of the Courts at Mumbai 24. Miscellaneous: This CAF contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, written or oral, with respect to the subject matter herein. No failure to exercise and no delay in exercising any right, power or remedy under this CAF will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy. Any provision of this CAF which is illegal, void or unenforceable will be ineffective to the extent only of any such provision being held to be illegal, void or unenforceable without invalidating the remaining provisions.
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