These Terms and Conditions apply to SonyLiv’s AVOD Referral Program (“AVOD Referral Program”) as being made available by Sony Pictures Networks India Private Limited (“Sony”). By participating in this Referral Program, it is construed that you have read and understood the Terms and Conditions set forth below and agreed to abide by the same.
1.1. Android and iOS users with no subscriptions active on their account (“Referrer(s)”) may be eligible to participate and avail the benefit of this Referral Program as shall be intimated by SonyLIV. Users with subscriptions (users who have purchased subscription via SonyLIV directly, from third parties, as part of a bundle pack or any other medium) are not eligible to participate or avail the benefit of this Referral Program.
2.1. This Referral Program enables Referrers to share a unique referral link or code as may be made
available to the
Referrer by SonyLIV (“Referral Link(s)”) to friends, family or any other personal connections through
various means of
communication, including Email, Text messages, WhatsApp and other Social media platforms.
2.2. Any person who installs SonyLiv application and registers through this referral link is termed as
“Referee(s)”, and
upon successful registration, both Referrer and Referee receive a complimentary trial pack and the duration
of such
complimentary trial pack shall be intimated to the Referee and Referrer by SonyLIV at the time of
registration and
making available of the Referral Link(s) respectively (“Benefit”).
2.3 Sony reserves the right to withdraw or discontinue and/or terminate the Referral Program at any stage
without prior
notice and without any liability whatsoever to the Referrer’s and Referee’s.
2.4 By participating in the Referral Program, each Referrer and Referee agrees to follow these Terms and
Conditions and
is deemed bound by any decisions made by Sony in its sole discretion, including any interpretations of the
Terms and
Conditions.
2.5 Sony has the right to amend (add, delete or modify) the Terms and Condition governing the Referral
Program,
prospectively or retrospectively, at its discretion and without prior notice.
2.6 Referrer’s and Referee’s participation in the Referral Program by sharing the Referral Link(s) and
availing the
Referral Link(s) respectively shall be deemed as an acceptance of the above stated Terms and Conditions.
2.7. To clarify and as an example, SonyLiv AVOD users will receive the Benefit on their trial pack upon a
Valid Referral
and so on.
3.1. In order to qualify as a Valid Referral and avail Benefit, the Referee must not be an existing
registered user of
SonyLiv (“Platform”) and must complete a fresh install and registration through the Referral Link.
3.2. For the purposes of these Terms and Conditions, a Registration will only be deemed to have been
effectuated by when
the Referral Link shared by the Referrer is utilized by the Referee to register into SonyLiv application.
The Referral
Link will only be considered to have been utilized if SonyLiv’s internal system log recognizes the Referral
Link and the
consequent registration arising therefrom as valid.
3.3. Any decision with regards to whether a Referral Link has been utilized or not shall be made solely at
Sony’s
discretion and shall be final and binding.
4.1. Referral Links can only be shared for personal and non-commercial purposes to personal connections such
as friends,
family, colleagues under these Terms and Conditions.
4.2. Referral Links cannot be advertised, marketed, or shared in any manner for commercial purposes (such as
on voucher
websites, reddit, wikipedia, blogs, mass emailing etc.)
4.3. The Referral Links are to be shared in a way in which there is reasonable basis for believing that all
the
recipients are personal connections.
5.1. There is no maximum limit on the number of times the Referrer may share a Referral Link. In case
multiple Referral
Links sent by the same Referrer are redeemed, the Referrer can avail repeated trial packs which will be
add-on to
remaining number of trial days associated with Referrer's account upto a maximum of 52 referrals. To
clarify, even if
more than 6 Referral Links sent by a single Referrer are successfully redeemed by various Referees, the
Referrer’s trial
packs will not extend beyond 52 referrals.
5.2. The Referee can use only one (1) referral link to install and complete his registration and avail the
Benefits of
the Referral Program. If a Referee receives Referral Links from multiple Referrers, only the Referrer whose
Referral
Link is used by the Referee will receive the Benefit along with the Referee.
6.1. The Benefits under this Referral Program is applicable only on completion of a fresh install and
registration
through the Referral Link and cannot be utilized to login into a pre-existing account.
6.2. In case a Referral Link shared by a Referrer is redeemed after deletion of the Referrer’s own account,
the benefits
under this Referral Program cannot be availed by the Referrer and the Referee.
6.3. In case a Referrer purchases a SonyLIV subscription pack, the Benefit availed as a non-subscribed user
will not be
carried forward to the new subscription pack purchased by the Referrer. For e.g., in case a Referrer has
availed 1-month
ad free trial pack as a result of sharing Referral Links, this trial pack will be cancelled if the Referrer
purchases a
Premium subscription before the expiry of his 1-month ad free trial pack.
6.4. Referrers cannot use their own Referral Link to login into their account. Referrers can only avail the
benefit of
the Referral Program upon a valid referral under these terms to another Referee.
6.5. The Referral Program is valid for users in India only and for install and registration on the SonyLIV
platform in
India.
7.1. Neither these Terms and Conditions, the relationship created pursuant to these Terms and Conditions,
nor any course
of dealing between you and Sony is intended to create, or shall create, an employment relationship, a joint
venture,
partnership or any similar relationship. You agree that you are not entitled to any of the rights or
benefits afforded
to Sony employees.
7.2. You are not bound in any way to participate in this Referral Program. Any participation is voluntary.
8.1. You shall indemnify, defend and hold harmless Sony Picture Network Ltd and its employees, directors, officers, and agents from and against any claim, loss, actions, damages, penalties, liability, expenses, cost (including reasonable attorneys' fees and court fees) arising out of (i) any breach of warranty, representation, obligation, or undertaking made by the you under these Terms and Conditions; (ii) the misconduct or negligent acts or omissions by you; or (iii) any breach of applicable law by you.
9.1. Sony shall not be liable to for any indirect, punitive, special, incidental or consequential damages
arising out of
or in connection with the Referral Program.
9.2 Sony is not responsible for any errors or omissions in the terms and conditions contained herein. All
information
provided in the Referral Program is provided "As is" without warranty of any kind. Sony makes no
representations and
disclaims all express, implied, and statutory warranties of any kind to the Referrer, Referee and/or any
third party
including, without limitation, warranties as to accuracy, timelines, completeness, merchantability or
fitness for any
particular purpose.
10.1. These Terms and Conditions shall be governed by the laws of India, without giving effect to any choice
of law or
conflict of law rules. These Terms and Conditions would be modified / discontinued based on the prevailing
law
/regulation at any point of time and Sony shall be under no liability or obligation or continue
implementation of the
Referral Program till such time the terms are modified as per the prevailing/ amended law at that point of
time. In the
event, that the Referral Program cannot be continued without total compliance of the prevailing law at any
point of
time, this Referral Program shall be deemed to be terminated forthwith from the date when the amended law
restricting /
prohibiting the Referral Program comes into force.
10.2. To the extent permitted by applicable law, the Referrer agrees that any and all disputes, claims, and
causes of
action arising out of or relating to these Terms and Conditions shall be resolved individually, without
resort to any
form of class action, and exclusively by the Courts of Mumbai.
11.1. If any provision of these Terms and Conditions is held to be unenforceable or invalid, the said provision shall be modified to the extent necessary or struck, and, in any event, the remaining provisions will continue to be valid and enforceable.
12.1. Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision
13.1. Sony reserves the right to disqualify You from the benefits of the Referral Program, if any fraudulent activity is identified as being carried out by You for the purpose of availing the benefits under the Referral Program or otherwise by use of the service.
14.1. Any taxes, duties, levies or liabilities or charges payable to the Government or any other authority or body, if any, shall be borne directly by You and Sony will not be liable in any manner whatsoever for any such taxes, duties, levies or other statutory dues.