TERMS OF USE
These terms of use ("Terms of Use") govern the use of an individual User's ("User", "You", or "Your")
access to or use of website located at https://www.sonyliv.com/
and/or application named Sony LIV (collectively and individually referred to as "Sony LIV") controlled and operated by MSM Asia Limited and/or its affiliates having its office at 25 Golden Square, London, W1F 9LU, United Kingdom and one of it’s affiliate offices at Interface Building No.7, 4th Floor, Malad (West), Mumbai – 400064, India ("MSM Asia"). Sony LIV is available on
various platforms and devices like mobile phones, tablets, smart televisions, set top boxes and various
other devices on which Sony LIV is embedded or otherwise made available.
These Terms of Use constitute a legally binding agreement between You and MSM Asia and shall govern, amongst
others, Your rights and responsibilities in connection with Your use of Sony LIV. This electronic record
is generated by a computer system and does not require any physical or digital signatures.
By accessing or using Sony LIV, You agree to be bound by these Terms of Use and by MSM Asia's Privacy Policy
and Cookie Policy, as amended from time to time.
MSM Asia requests You to review our Privacy Policy to understand our practices in terms of protection of Your
personal information.
If You do not wish to be bound by these Terms of Use or any of MSM Asia's aforesaid policies, MSM Asia requests
You to not avail the Subscription (defined below in Clause 5.1) of Sony LIV or access Sony LIV. If You
access content from Sony LIV or take a Subscription, You shall be deemed to have accepted the Terms of
Use and that of MSM Asia's Privacy Policy and Cookie Policy.
1. Eligibility to subscribe to and access content of Sony LIV
1.1. The access to complete content and services on Sony LIV is only available on a Subscription
basis and to Users who are 18 (eighteen) years and above. MSM Asia may provide children content or content
suitable for individuals below the age of 18 years on Sony LIV but the same shall only be accessible
through the profile of a parent or legal guardian who is an adult. In certain jurisdictions, the age of
majority may be more than 18 years, in which case You must satisfy such higher age criteria in order to
access Sony LIV.
1.2. When You place an order to take a Subscription of Sony LIV, this constitutes an offer to MSM Asia.
No contract for the Subscription will subsist between You and MSM Asia unless and until MSM Asia accepts Your
order by way of an e-mail confirmation. That acceptance will be deemed complete and will be deemed for
all purposes to have been effectively communicated to You at the time MSM Asia sends the e-mail to You
(whether or not You receive or read that e-mail – please check Your junk e-mail folder if You do not
receive an e-mail confirmation). This confirmation e-mail amounts to an acceptance by MSM Asia of Your offer
to take a Subscription of Sony LIV from MSM Asia. This confirmatory e-mail will incorporate these Terms of Use
which will become legally binding on You. You must check that the details on this confirmatory e-mail
are correct as soon as possible and You should print out and keep a copy of it. Following conclusion of
Your order, You shall be entitled to access Sony LIV in accordance with Your Subscription Plan.
1.3. You may only view the content made available through Sony LIV in the geographic locations as MSM Asia may notify to You from time
to time, which may undergo change from time to time, and shall be subject to the conditionalities
contained in this Terms of Use.
1.4. MSM Asia or its content providers, are the owners or license holders of the intellectual property
rights in the content on Sony LIV. You acknowledge and agree that nothing in these Terms of Use or in an
order shall be construed so as to transfer any intellectual property rights in the content of Sony LIV to
You.
1.5. MSM Asia may make the content from Sony LIV available for streaming on third-party platforms. MSM Asia
does not control such third-party platforms and therefore MSM Asia does not commit to making Sony LIV and/or
content from Sony LIV available on any particular third-party platform and shall have no liability to You
if Sony LIV or the content from Sony LIV ceases to be available on a particular third-party platform
during Your subscription to such third-party platform. Your use of any third-party platform is subject
to the terms and conditions of the applicable platform provider.
1.6. MSM Asia shall endeavor to provide constant, uninterrupted access to Sony LIV for streaming of
content by You. However, please note that:
1.6.1. MSM Asia may suspend, withdraw, discontinue or change all or any part of content on Sony LIV
without notice;
1.6.2. the image and sound quality of the content on Sony LIV may vary, including by way of
example due to the bandwidth available through and/or speed of Your internet connection and
telephone line;
1.6.3. the access to Sony LIV may not be uninterrupted, timely, secure or error-free; and
1.6.4. from time-to-time MSM Asia may need to close or suspend the accessibility to the website or
the application of Sony LIV to carry out upgrades and/or maintenance,
but, for any significant suspension of the entirety of Sony LIV for reasons other than specified in
Clause 1.8.4, MSM Asia will refund to You, on a pro rata basis, the Subscription payments made by You for
the portion of Your Subscription period for which Sony LIV was not available subject to the
conditionalities provided under this Terms of Use. For the avoidance of doubt, MSM Asia shall not be
obliged to make any refund if MSM Asia ceases to make the content on Sony LIV available on any particular
third-party platform or withdraws certain content from Sony LIV.
2. Registration and Creation of an Account
2.1. Access to Sony LIV and acceptance of request for Subscription are subject to registration and
creation of an account on Sony LIV ("Account"). You can register on Sony LIV by completing the
registration process and opening an account with Your chosen username and password.
2.2. Each registration is for a single individual User for personal use only. The Users must not
share their login details with others.
2.3. To access Sony LIV, You will be asked to enter Your e-mail address and/or mobile number and enter
the one time password received on the e-mail address or mobile number, or log-in using the social media platform, as chosen
by You during Your registration.
2.4. The personal information provided to MSM Asia by You during the course of usage of Sony LIV will
be treated as strictly confidential and in accordance with our Privacy Policy and applicable laws and
regulations. If You object to Your information being transferred or used, You can discontinue Your use
of Sony LIV.
3. User Account and Passwords
3.1. You agree to notify MSM Asia immediately, should You become aware of any unauthorized use of Your
Account. You shall be entirely responsible for any and all activities that occur under Your Account.
3.2. It shall be the User's responsibility to ensure that the information provided by the User to
MSM Asia is complete and accurate. You agree not to impersonate or misrepresent Your affiliation with any
person or entity, including using another person's username, password or other account information, or
another person's name or likeness, or provide false details for a parent or guardian. You agree that MSM Asia
may take steps to verify the accuracy of information You provide.
3.3. You shall be responsible for maintaining the confidentiality of Your username and password,
and for all activities conducted under Your account. In particular, with respect to minor's profile (if
applicable), as a parent or legal guardian of the minor, You acknowledge and assume sole responsibility
to ensure that any content which is meant for mature audiences (i.e, above the age of majority) is not
accessed by children. Hence, You may not share Your username and password with Your ward(s). You
expressly agree to absolve MSM Asia and/or the Site of any responsibility or liability in this
regard.
3.4. You agree to promptly notify MSM Asia of any unauthorized use of Your username, password or other
Account information, or of any other breach of security that You become aware of involving Your account.
4. Sony LIV Service
4.1. Limited License: MSM Asia grants to You a non-exclusive, non-transferable, revocable and limited
right to stream content on Sony LIV. The foregoing license gives You the right to use temporary download
functionality in accordance with these Terms of Use only in respect of certain content on which
temporary download functionality is enabled by Sony LIV. The foregoing license prohibits permanent
download and storage of such content of Sony LIV on any and all kinds of devices.
4.2. Availability: The content available on Sony LIV is regularly updated and the availability of
such content is subject to change at the sole discretion of MSM Asia. Without limiting the generality of the
foregoing, certain content is made available only for a limited period of time and within the same
availability period, such content may be made unavailable at any time by MSM Asia for various reasons like
media rights of such content withdrawn, disputed or litigated.
4.3. Streaming Quality: The quality of streaming video may vary from device to device and may be
affected by a variety of factors such as, without limitation, Your location, the bandwidth available
and/or speed of Your Internet connection.
4.4. Geographic Location: You may view the content available on Sony LIV primarily within the
country in which You have registered Your Account and only in geographic locations where Sony LIV offers
streaming of content. The content available on Sony LIV may vary based on the various geographical
locations in which MSM Asia holds rights in such content. The tiles of content if seen on Sony LIV does not
necessarily mean that such content is available to be seen across the world. MSM Asia will determine the
country of registration either by explicitly asking You to provide that information or inferring the
same through the country code used for registration via mobile number. You must not access or use
Sony LIV by means of any mechanism or technology which conceals Your actual geo-location or provides
incorrect details of Your location (for example, use of a virtual private network (VPN)).
4.5. Temporary Download: In case of temporarily downloadable content on Sony LIV, please note
that: (a) the downloads are temporary in order to allow You to view the content within a specified
period of time; and (b) not all content on Sony LIV may be available for temporary download for offline
viewing. Any attempt to make a permanent copy of the content, in any manner or form shall be a violation
of these Terms of Use.
4.6. Sony LIV Software: Sony LIV software is developed and designed to enable streaming of
authorized content through compatible devices. The features on the software, updates and upgrades to the
software may vary depending upon the device. MSM Asia does not warrant the performance of the software,
including its continuing compatibility with Sony LIV. MSM Asia reserves the right to not provide the software
(including updates) to You at any time and to discontinue the ability to access Sony LIV through such
software at any time, without any notice. When You use Sony LIV on any device, You expressly represent
that You have the express authority to use such device and be liable for any transaction conducted
through such device on Sony LIV. You are responsible for complying with local laws and regulations, if
and to the extent local laws and regulations are applicable for using Sony LIV software along with the
data exported from Your location for accessing Sony LIV software.
5. Subscription and Membership
5.1. MSM Asia may offer limited content to be viewed on a free basis in selected territories. However,
in order to have full access to the content on Sony LIV and to be able to enjoy the various features, the
Users will have to subscribe to Sony LIV post registering in the manner described above. MSM Asia offer Users
a number of subscription plans, including special promotional plans and memberships. The various
Subscription Plans available in Your country are available on the "Subscriptions" tab on Sony LIV. These
Subscriptions Plans may be monthly, half-yearly or yearly and the pricing will differ across different
countries ("Subscription Plans" and when availed by a User, each shall be a "Subscription").
5.2. Some of the Subscription Plans may be offered in conjunction with third-parties and may be
subject to additional terms and conditions imposed by such third-parties, which will be disclosed to You
at the time of registration. In addition to the Subscription Plans, You are solely responsible for
paying any internet connection or other telecommunication charges, and all other third-party costs and
charges associated with accessing and using Sony LIV. It must be noted that Subscription for Sony LIV
shall not provide automatic entry into any contests or activities organized by MSM Asia, or automatic
purchase of other subscriptions of premium content.
5.3. You will have to pay for the Subscription Plans to MSM Asia forthwith at the start of the
membership and every subsequent renewal thereof. MSM Asia also reserves the right to modify, terminate or
otherwise amend its offered Subscription Plans from time to time. If these changes result in an increase
in the charges payable by You under Your current Subscription Plans, MSM Asia shall inform You reasonably in
advance of the change. However, MSM Asia will not be able to notify You of changes in any applicable taxes.
If You do not agree to pay the increased charges under the Subscription Plans, You may not be able to
access and watch the content upon expiry of the Subscription Plan.
5.4. You are entitled to change Your Subscription Plan at any time by logging into Your Account
via Sony LIV and clicking on the "Switch Plan" tab. Kindly note, if You wish to amend Your Subscription
Plan to a lower or a higher plan, the change will depend upon the Payment Mode (defined below) that You
have used and has been notified to You of such selection accordingly. You should read the terms of the
provider of Payment Mode before placing a request for change in the Subscription Plan while Your
existing Subscription is ongoing.
5.5. When placing an order for a Subscription, You agree that:
5.5.1. You shall only stream and use the content of Sony LIV for Your own personal consumption
and private use, and shall not stream or use the content of Sony LIV for any commercial purpose
whatsoever;
5.5.2. You shall not stream and use the content of Sony LIV for any public
performance;
5.5.3. You shall not use content of Sony LIV in any way which might infringe any third-party
rights, including third-party intellectual property rights;
5.5.4. You shall not modify, decompile or reverse engineer any software supplied as part of,
or in connection with, Sony LIV;
5.5.5. You are not permitted to use Sony LIV by automated means or otherwise for the purposes
of scraping, extracting or otherwise obtaining any material from Sony LIV for use within any
third-party website, platform or application;
5.5.6. You shall not use content of Sony LIV in any unlawful manner, for any unlawful purpose,
or in any manner inconsistent with these Terms of Use; and
5.5.7. You are responsible for ensuring that You have and shall maintain all the hardware,
software and connectivity requirements necessary to access, receive and view content of Sony LIV. In
the event You do not meet these requirements, You acknowledge and agree that You may not be able to
enjoy the full benefit of Sony LIV. You may need to update the software on Your device from time to
time in order to be able to access and view the content on Sony LIV.
5.6. Promotional Offers: MSM Asia may, from time to time, offer special promotional offers, plan,
coupons or discount, either by itself or in association with third parties ("Offers"). To avail such
Offers, Users may be subject to additional eligibility criteria as may be determined by MSM Asia (and the
third-parties platforms if the offers are in association with such third parties). The eligibility
requirements and other limitations and conditions for availing the Offers will be disclosed at the time
of availing the Subscription. MSM Asia reserves the right to revoke an Offer and put Your Account on hold if
MSM Asia has reasons to believe that You are not eligible to avail an Offer.
5.7. Free Trials: In certain selected territories, You may be offered at the discretion of MSM Asia a
free trial period at the start of Your Subscription of Sony LIV. The duration and the terms of such free
trial period shall be at the discretion of MSM Asia and shall be specified during registration. Free trials
may not be combined with any other Offers. Free trials may be offered to only first-time subscribers and
not in cases of renewal of membership or activation of another account from a physical address and/or
e-mail address and/or device which is linked to an already existing account, etc. In case of a free
trial, MSM Asia may charge You a token amount of money at the time of Your registration for a Subscription
Plan. This token amount will be refunded to You once MSM Asia receives the confirmation from the third-party
payment gateway provider that Your payment method has been registered. Billing will automatically
commence at the end the free trial period, as per the Subscription Plan chosen by
You, unless You cancel Your membership prior to the expiry of the free trial period. It is hence
recommended that You keep track of Your account, including the date when the free trial period
ends.
5.8. Cancellation of Membership and Refund: Your membership will continue until it expires or terminated.
You can cancel Your membership at any time, and You will continue to have access to Sony LIV till the end
of Your billing period. MSM Asia does not provide refunds or credits for any partial membership periods or
unwatched content. To cancel Your Subscription, the Users can visit the "My Purchases" section under the
"My Accounts" section of Sony LIV and follow the instructions for cancellation. If You cancel Your
Subscription, Your account will automatically be terminated at the end of Your current billing period.
If You signed up for Sony LIV using Your account with a third-party platform as a Payment Mode and wish
to cancel Your Sony LIV membership at any time, including during Your free trial period, You may need to
do so through such third-party platform.
5.9. Cooling-Off Right:
- Under the Consumer Contracts (Information, Cancellation and Charges) Regulations, 2013 in the
United Kingdom, and the European Union (Consumer Information, Cancellation and Other Rights)
Regulations 2013 in the Republic of Ireland (the "Regulations"), You have a right to cancel Your
Subscription Plan, for any reason, within 2 (two) weeks of the date of Your Subscription
activation (the "Cooling-off Period").
- This right is available to first-time subscribers and not for subscribers who have taken
Subscription of Sony LIV in the past or if it's a renewal or revival of an existing Subscription
of Sony LIV. The cooling-off right is subject to 5.6 E.
- To exercise the aforesaid right, You must inform MSM Asia of Your decision to cancel Sony LIV
Subscription by making a clear statement (e.g. by e-mail). The easiest way to do this is to
contact MSM Asia by using the "Contact Us" tab on Sony LIV.
- Once MSM Asia receives notification from You that You wish to cancel Your Subscription Plan (in
accordance with these Terms of Use), any sum debited to MSM Asia from Your Payment Modes in relation
to Your Subscription Plan will be re-credited to that Payment Modes as soon as possible and in
any event no later than 2 (two) weeks after the day on which MSM Asia is informed about Your decision
to cancel or withdraw Your Subscription Plan.
- If You wish to stream content during the Cooling-off Period, then You may do so but:
- You expressly agree that Sony LIV may begin to make the content available to You
during the Cooling-Off Period; and
- You expressly acknowledge and agree that Your right to cancel Your Subscription under the
Regulations will be lost.
6. Billing and Payments
6.1. By signing up and choosing to subscribe to Sony LIV, You expressly agree that MSM Asia is
authorized to charge You the (a) the Subscription fees as per Your selected Subscription Plan; (b) fees
for additional services like additional Subscription of premium content of Sony LIV which You may
purchase on Sony LIV; and (c) applicable taxes in connection with Your Subscription of Sony LIV ("Payment
Modes"). The available Payment Modes may vary where You make a purchase for Subscription through a
third-party platform and not directly via Sony LIV (as mentioned in the foregoing).
6.2. You confirm that the card or bank account which is being used for making payment of
Subscription is Yours or that You have the authorization of the card holder to make a purchase of
Subscription. You further represent and warrant that all payment information You provide is correct,
current, and complete. MSM Asia reserves the right to refuse or cancel transactions, including due to pricing
or other typographical errors.
6.3. You authorize us to take payments from the card chosen by You or through our payment gateway
partner, or from the bank where You have the account provided by You at the time of purchasing the
Subscription, in each case on a recurring basis depending on the Subscription Plan, for the duration of
Your Subscription. You shall remain responsible for any uncollected amounts of the Subscription.
6.4. The Subscription fee will be billed at the beginning of Your Subscription Plan and on each
subsequent renewal automatically (as per the Subscription Plan chosen by You) unless and until You
cancel Your membership, or the membership is otherwise suspended or discontinued pursuant to these Terms
of Use. To know the commencement date for Your next renewal period, You can visit the "Billing
Information" or "Transaction History" section on Your Account page. MSM Asia shall authorize Your selected
Payment Method to charge You the applicable Subscription fees for each Subscription period on the
calendar date corresponding to the commencement of Your Subscription Plan (or renewal thereof). However,
if You change Your Payment Mode or Subscription Plan, this could result in changing the calendar date
upon which You will be billed.
6.5. If a payment for Subscription is not successfully settled, due to expiration of the card,
insufficient funds in the card, bank account of e-wallet, or otherwise for any reason, and You do not
change Your Payment Modes or cancel Your membership, MSM Asia may suspend Your Account until MSM Asia receives the
payments due for the Subscription. For certain Payment Modes, the issuer of Your Payment Mode may charge
You a transaction fee or other charges. MSM Asia requests You to check with Your Payment Mode service
provider for details.
6.6. In relation to third-party payment gateways MSM Asia partners with, such partner will require
certain financial information including Your credit card or debit card or other banking information.
Other than providing a confirmation upon receipt of payment against a User Account, MSM Asia disclaims any
and all liabilities in relation to Your payment processing by such third-party payment gateways and the
collection and processing of any information provided to such third-party payment gateways including but
not limited to any errors in invoicing or payment processing or any breach in security with respect to
Your payment information associated with the third-party's handling of the transaction. While using such
third-party payment gateways to make payments to MSM Asia, You will be required to accept the terms of use
and privacy policies of such third-party payment gateways. MSM Asia advises You to familiarize Yourself
with the terms of use and privacy policies of Your respective third-party payment gateways before using
their services. You agree and acknowledge that MSM Asia shall not be liable and in no way be held responsible
for any losses whatsoever, whether direct, indirect, incidental or consequential, including without
limitation any losses due to delay in processing of payment instruction or any credit card fraud. You
can file / lodge any complaint related to payment transfer directly with the concerned third-party
payment gateways for redressal.
6.7. You may be required by the third-party payment gateways to sign direct debit mandates to
allow the amount owed by You to be debited directly from Your bank account or from debit or credit card
in accordance with the relevant regulations. You agree to keep such mandate in place until termination
of Your Subscription Plan and / or until all monies due to MSM Asia have been paid in full (whichever is
later in time). Failure to do the same shall bring forth the levy of a penalty from Your bank or debit
or credit card provider.
6.8. Where transaction charges are based upon a currency other than Indian Rupees, the exchange
rate for the purposes of calculating the final amount will be based upon the exchange rates published by
the third-party payment gateways on the date when such payments are calculated by the billing system.
7. Advertising
Sony LIV may display advertisements and promotions on select content, either within the content or on Sony LIV in general, as may be solely determined by MSM Asia and as detailed under the terms of the Subscription Plans. The manner, mode and extent of advertising by MSM Asia through Sony LIV is subject to change without specific notice to You. MSM Asia takes no responsibility for advertisements or any third-party material, nor does it take any responsibility for the products or services provided by advertisers.
8. User's Responsibility
Your access and use of Sony LIV shall be subject to Your compliance with the following:
- You will abide by all copyright notices, information, and restrictions contained in the content
of Sony LIV or associated with Sony LIV;
- You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or
other proprietary notices marked/displayed on Sony LIV;
- You will not remove, alter, interfere with or circumvent any digital rights management
mechanism, device or other content protection or access control measure (including, without
limitation geo-filtering and/or encryption) associated with Sony LIV;
- You will be responsible for maintaining the confidentially of any username or password
associated with access to Sony LIV (including, without limitation, in those instances in which
Sony LIV uses the account creation mechanism and management of a third-party's social network,
website or device), and You are solely responsible for all activities that occur by use of Your
username and/or password;
- You will not access or use Sony LIV or the content therein by means of any mechanism or
technology which conceals Your actual geo-location or provides incorrect details of Your
location (for instance, use a VPN); and
- You will use Sony LIV at all times in compliance with these Terms of Use and all applicable laws.
9. Third-Party Links
Sony LIV may link to, integrate with, or incorporate third-party content, sites, services, or platforms,
including advertisers, online merchants, and social networks ("Third-Party Services"). MSM Asia does not
necessarily endorse or evaluate Third-Party Services and does not assume responsibility for any such
third-party's actions or omissions. You should review terms of use and privacy policies of such
Third-Party Services before use. Your dealings with Third-Party Services are solely between You and the
applicable Third-Party Service. MSM Asia remains an intermediary, as defined under the Information Technology
Act, 2000 in the territory of India and/or under legislations in territories outside of India with
regard to such Third-Party Services.
10. Trademark, Copyright and Restriction
10.1. Sony LIV is owned and controlled by MSM Asia and the content, trademarks, logos, graphics, service
marks etc. displayed on Sony LIV ("Marks") are the property of MSM Asia or, as the case may be, its
vendors/seller or respective third parties.
10.2. You must not copy, reproduce, republish, upload, post, transmit or distribute the Marks in
any way, including by e-mail or other electronic means and whether directly or indirectly and You must
not assist any other person to do so. Without the prior written consent of MSM Asia, no element of Sony LIV
(including the Marks) may be used or exploited in any way other than as part of Sony LIV. Through Your
use of Sony LIV, by no means are any rights impliedly or expressly granted to You in respect of such
Services and Marks. MSM Asia reserves the right to change or modify the Services and Marks from time to time
at its sole discretion.
11. Suspension and Termination of Subscription
MSM Asia reserves the right to suspend or terminate the Subscription of a User forthwith if MSM Asia finds out
or has bona fide reasons to believe that the User:
- has misused in the past or is misusing the Subscription of Sony LIV,
- the User has indulged in the past or the User is indulging in piracy of content of Sony LIV,
- is making available the content of Sony LIV to users who are below 18 years of age;
- has committed an action which is in violation of the Terms of Use or the applicable laws;
- is misusing his/her Account;
- is engaging, encouraging or advocating for illegal conduct; and
- has failed to comply with these Terms of Use.
12. Disclaimer of Warranties and Liability
12.1. You expressly agree that Your use of Sony LIV is at Your sole risk. Sony LIV, all the
materials, content and services, included on or otherwise made available to You through Sony LIV are
provided on "as is" and "as available" basis without any representation or warranty, express or implied.
12.2. Neither MSM Asia nor any of its affiliates make any warranties or representations about the
accuracy or completeness of content and services available on or through Sony LIV and assume no liability
or responsibility for any:
- errors, mistakes, or inaccuracies of content.
- personal injury or property damage, of any nature whatsoever, resulting from Your access to or
use of Sony LIV (or any parts thereof).
iii. unauthorized access to or use of MSM Asia's secure servers and/or any and all personal
information stored therein.
- interruption or cessation of transmission to or from Sony LIV.
- bugs, viruses, or the like which may be transmitted to or through Sony LIV (or any parts thereof)
by any third-party.
- information on Sony LIV being complete, true, accurate or non-misleading.
- non-availability of Sony LIV during periodic maintenance operations or any unplanned suspension
of access to Sony LIV that may occur due to technical reasons or for any reason beyond MSM Asia's
control.
- loss or damage of any kind incurred as a result of:
- any submissions made by You of or to Sony LIV; or
- any content being posted, shared, forwarded, e-mailed, transmitted, or
otherwise made available on or by means of Sony LIV and/or otherwise by You or any other user.
12.3. MSM Asia will only be liable under these Terms of Use for losses which are a reasonably
foreseeable consequence of our relevant breach of these Terms of Use or due to our negligence. Loss or
damage is foreseeable if it is either obvious that it will happen or if, at the time the contract was
made, both MSM Asia and You knew it might be likely to happen.
12.4. MSM Asia only supplies the Sony LIV services for private domestic and consumer use only. You
agree not to use Sony LIV for any commercial or business purposes and accordingly, MSM Asia does not accept
liability for any loss of profit, loss of business, business interruption or loss of business
opportunity.
12.5. If the Sony LIV services are defective and as a result, damage a device or digital content
belonging to You, and this is caused by MSM Asia's failure to use reasonable care and skill, MSM Asia will either
repair the damage or pay You compensation. However, MSM Asia will not be liable for damage which You could
have avoided by following MSM Asia's advice to apply an update offered to You free of charge or for damage
which was caused by You failing to correctly follow installation instructions or to have in place the
minimum system requirements as advised by MSM Asia.
12.6. MSM Asia shall have no liability or responsibility for any failure to perform, or delay in
performance of, any of MSM Asia's obligations under these Terms of Use that is caused by or due to any event
outside MSM Asia's reasonable control, including but not limited to acts of God, war, flood, fire, epidemic,
pandemic, natural disasters, labour disputes, strikes, lock-outs, riots, civil commotion, invasion,
terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation
for war, malicious damage, explosion, governmental actions and any other similar events.
12.7. MSM Asia shall have no liability (including liability for negligence) for the acts or omissions
of telecommunications service providers or for failures of, or faults in their networks and
equipment.
12.8. Nothing in these Terms of Use affects your statutory rights as may be available to You
pursuant to Your citizenship of any country.
13. Changes to the Terms of Use
13.1. MSM Asia reserves the right, at its sole discretion, to change, modify, and/or add to these
Terms of Use, the Privacy Policy and the Cookie Policy, in whole or in part, at any time. Changes to
these Terms of Use, Cookie Policy or the Privacy Policy will be effective when posted. The Terms of Use
applicable at the time of Your order of Your Subscription will apply to that order. The Terms of Use
applicable at the time You take out a Subscription will apply for the term of Your Subscription. If MSM Asia
subsequently amends the Terms of Use, MSM Asia shall give You advance notice of the changes, and any revised
Terms of Use shall take effect at the start of the next Renewal Period. If MSM Asia makes any material
changes to the Terms of Use and You are not happy with such changes, you may cancel your Subscription in
accordance with the process set out under these Terms of Use.
13.2. You agree to review these Terms of Use, Cookie Policy and the Privacy Policy periodically
to become aware of any changes. Your use of Sony LIV or any part thereof after any changes to these Terms
of Use, Cookie Policy or the Privacy Policy are posted will be considered acceptance of those changes
and will constitute Your agreement to be bound thereby. If You object to any such changes, Your sole
recourse will be to stop using Sony LIV.
13.3. Your use of certain Sony LIV features, functionality, programs or Services (including,
without limitation, contests, promotions, wireless marketing opportunities, photo or video
uploading/posting opportunities, RSS feeds, etc.) offered on or through Sony LIV which may be subject to
additional or special terms and conditions ("Special Rules"), and before You use any such features,
functionality, programs or Services You may be required to indicate Your acceptance of such additional
Special Rules. All Special Rules are incorporated into these Terms as if fully set forth herein.
14. Binding Arbitration and Governing Laws
14.1. These Terms of Use are governed by the laws of India. This means that any dispute or claim
arising out of or in connection with these Terms of Use (including non-contractual disputes or claims),
will be governed by Indian laws.
14.2. You can bring proceedings in respect of these Terms of Use in the courts of Mumbai.
14.3. If You are resident of any country other than India and MSM Asia's direct Sony LIV to such
jurisdiction in which You are resident, You will benefit from any mandatory provisions of the law of the
country in which You are resident. Nothing in these Terms of Use affects Your rights as a consumer to
rely on such mandatory provisions of local law.
15. General Provisions
15.1. All notices with respect to these Terms of Use from MSM Asia will be served to You by e-mail or
by general notification on Sony LIV. Any notice provided to MSM Asia pursuant to these Terms of Use should be
sent to our Legal Department at the address mentioned hereinabove.
15.2. You and MSM Asia are independent contractors, and nothing in these Terms of Use will be
construed to create a partnership, joint venture, association of persons, agency (disclosed or
undisclosed), franchise, sales representative, or employment relationship between You and MSM Asia. As an
abundant caution, it is clarified that MSM Asia shall not have any right to conclude any contract for sale or
purchase of Products for and / or on Your behalf and both You and MSM Asia have entered this agreement on
principal-to-principal basis.
15.3. No waiver of any provision of these terms by MSM Asia shall be deemed a further or continuing
waiver of such provision or any other provision, and MSM Asia's failure to assert any right or provision
under these terms shall not constitute a waiver of such right or provision.
15.4. This Terms of Use, including the MSM Asia's Privacy Policy and the Cookie Policy, is the entire
agreement between the parties relating to the matters contained herein.
15.5. You are advised to read (and are responsible for reading) fully all information on
Sony LIV.
15.6. Each of the clauses of these Terms of Use operates separately. If any provision of these
Terms of Use shall be held by any competent authority to be invalid or unenforceable in whole or in
part, the validity of the remaining parts of these Terms of Use and the remainder of the affected
provision shall be unaffected.
15.7. You agree that e-mail can be used as a long-distance means of communication.
15.8. Contact Information: Should You have any reasons for a complaint, kindly visit the "Contact
Us" tab available on Sony LIV and MSM Asia will endeavor to resolve the issue and avoid any re-occurrence in
the future.
Last Updated: July 05, 2024
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