Acceptance of Terms & Conditions: These "Terms & Conditions" govern your use of the Showtime Video® Service either through Website or any Showtime Video® Store/Call Centre, hereinafter referred to as "Service". The Service is owned and operated by Nimbus Home Entertainment Pvt. Ltd. (hereinafter referred to as "Showtime Video®") and is offered to you (hereinafter referred to as "Member") as per your agreement with and acceptance of this document (hereinafter referred to as "Membership"). By signing on the Enrolment Form and/ or by clicking the box entitled "I Have Read and Accepted the Terms & Conditions" as part of the registration process, Members accept all items in the Terms & Conditions and agree to abide by and be legally bound by the Terms & Conditions. By browsing, visiting and using the Showtime Video® Website & using Services, you accept and agree to abide by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the Showtime Video® Website/Service. These Terms & Conditions are an ongoing contract between you and Showtime Video® and apply to your use of the Showtime Video® Service and Website. These Terms & Conditions affect your rights and hence, please read them carefully.
Changes to Terms & Conditions: Showtime Video®, reserves its right, from time to time, with or without notice to you, to change these Terms & Conditions in our sole and absolute Discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" located at home page of the Showtime Video® Website. The most current version of the Terms & Conditions will supersede all previous versions. Your use of the Showtime Video® Website or continued use of our service after changes are made means that you have agreed to be bound by such changes.
Disclaimer: DVDs, VCDs, etc. (hereinafter referred to as “Disc(s)”), Contents, any Software, Products, and Services offered or contained through Website or any Store of Showtime Video® are provided on an "as is" basis and on an "as available" basis. Showtime Video®, makes no representations or warranties of any kind with respect to its contents, Disc(s), Software Or such Products and Services, and Disclaims all such representations and warranties, including, without limitation, Warranties of merchantability and fitness for a particular purpose, non-infringement of Third Party Rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness arising from or relating to its content, software, tools, tips, Product or Services.
Registration Fee: A one time non-refundable registration fee as per plan schedule is applicable to all customers who enroll for the particular plans with Showtime Video®.
Deposit: A deposit amount as per plan schedule selected by a Member shall be applicable and the same may be, at the sole discretion of Showtime Video®, be refunded when a Member chooses to cancel all his Services of Showtime Video®.
Free & Prompt Deliveries & Pick ups: Disc(s) ordered by you will be delivered to you and picked up from you free of cost subject to the Membership availed by you. Delivery and Pick Up charges shall be applicable for all Store Schemes and Memberships. It would remain our endeavor to deliver/pick up Disc(s) as soon as possible subject to availability of ordered Disc(s) at that time and order meets our regular optimum logistic plans. We will determine which Disc(s) to send you based on your queue and the priority in which you have listed them. We endeavor to provide the Services to you as per priority mentioned; however when availability is limited, we may provide the Services on lower priority on your queue.
Process of Booking with the Store: Disc(s) can be booked/ pre-booked by calling the respective stores or visiting the stores. Showtime Video® shall provide the Disc(s) to the Member subject to availability of the Disc(s) on a particular period/ date as mentioned by the Member. However if the Disc(s) is/ are unavailable on a particular date/ period, Member can choose to book the Disc(s) for a later period/ date and Showtime Video® shall endeavor to deliver the Disc(s) for that period/ date subject to availability of the Disc(s) with the store. Booking of the Disc(s) is for the sole purpose of organizing the delivery and availability of the Disc(s) and shall not guarantee that the Disc(s) shall be provided to the Member on the booked period/ date.
Billing: By using the Showtime Video® service, you are expressly agreeing that we are permitted to bill any applicable tax and any other charges you may incur in connection with your use of the Showtime Video® Service. Additional charges may include charge related to DISC(S) you fail to return in stipulated time, or a plan change as per your request. As used in these Terms & Conditions, "Billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The package fee will be taken initially and the package will expire once you have ordered the number of Disc(s) mentioned in the package or by the end of the validity period. You may inquire about your membership details any time by visiting our Website/Store/Call Centre. All fees and charges are non-refundable and no refunds or credits for partially used periods would be allowed. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by either email or by posting changes on Website. You should update yourself for these changes by visiting our Website/Call Centre/Stores. We do not accept cheques.
Delivery and Return of rented Disc(s): All members are entitled to borrow a Disc(s) overnight. Delivery charges will be applicable as per applied plans and schemes announced by Showtime Video® time to time. Our delivery service will deliver / pick up Disc(s) between 11 am and 10:00 pm and will make delivery / pick-up per transaction. All movies are due to be returned the following day by default. Members who fail to return a movie within the specified time frame will be charged a late fee of Rs.50/- per Disc(S) for every subsequent day, unless and until the Disc(s) is returned. In case you fail to return the Disc(S) along with the payment of late fee demanded by Showtime Video® as aforesaid, within the stipulated time, Showtime Video® reserves the right to take appropriate action against you, including but not limited to canceling your Membership and forfeiting the amount deposited by you and immediately terminating your Membership with us. The onus to return a DISC(S) rests with the Member. The definition of day refers to a day date calendar and not a 24 hour period. Pick-ups / deliveries will be done only once in the given time slot and will not return again in the event of the Disc(s) not being available / no authorized person to accept the Disc(s). You undertake not to distribute / permit other persons or members to take the Disc(s) rented by you to any third person during the period you have rented the same from Showtime Video®. Should we at any time Disc(s) over any such actions on your part, we reserve the right to take appropriate action against you, including but not limited to canceling your Membership and forfeiting the amount deposited by you and immediately terminating your Membership with us. Further, you undertake that the Disc(s) rented by you are for your personal viewing only and not to be shown to the public at large or in your building society premises.
We may not process returns or deliveries on Sundays or Holidays. We make no guarantee as to the shipping and delivery of Disc(s) and may in our sole and absolute Discretion, change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms & Conditions but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms & Conditions frequently to determine if there have been changes.
Damaged Disc(s): All Disc(s) sent to you have been checked to be in a working condition prior to dispatch. Upon receipt of the Disc(s), you must ensure that the same is playable on your respective player. Any anomaly, if found, must be reported to the relationship executive. Failure to check and/or report the same will be constituted as your having received a playable Disc(s). At the time of pick-up, our relationship executive will check for any scratches or damage to the Disc(s) and will intimate you accordingly. Upon receipt of the Disc(s), we will verify the same. In the event of a Disc(s) being damaged, we will email you and intimate you about the same. The determination of a Disc(s) being “damaged” will be at the sole Discretion of Showtime Video®. Accordingly, we will charge you the MRP as applicable per title (which includes even 1 damaged Disc(s) from a set of 2 or 3 Disc(s)). All such damage charges have to be paid immediately on demand failing which your membership will be terminated and appropriate action will be taken by Showtime Video® including but not limited to forfeiting the amount deposited by you and the balance entitlement of Disc(s) if any will also be forfeited.
Member Sign In: If you decide to become a part of Showtime Video®, you agree to:
- Grant accurate, current, and complete information about yourself as prompted by the appropriate Registration/ Enrolment form,
- Maintain and revise your information to keep it precise, current, and complete.
- Act in accordance with these Terms & Conditions. You may review, correct, change, or fill in your membership information by visiting Your Account/ Members section on Showtime Video® Website or by visiting the store attached to you.
You acknowledge that if any information provided by you is incorrect, not true, or incomplete, we reserve the right, at our sole Discretion, to defer or terminate your Membership and forfeiting the amount deposited by you.
Within the membership sign in process, you may be asked to select a User Name and password. You shall not choose a User Name that belongs to someone else, or may be illegal, or may be protected by any trademark or proprietary rights law. Moreover if any User Name is found crude, vulgar or offensive, Showtime Video® shall discard the said User Name in its sole Discretion. You even agree to not transfer or resell your easy access to Showtime Video® or permit anyone else whose membership or account was deferred or terminated to use Showtime Video® through your account, password or User Name. Also, please change your password if you feel it is no longer secure, plus alongside, update your member information, and instantly notify us by emailing. You and you alone, are solely responsible for maintaining the confidentiality of your User Name and password for any and all activities (as well as purchases) that are carried on through your account.
Electronics Communications: By using the Showtime Video® service, you consent to receiving electronic communications from Showtime Video® from time to time. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information), information concerning or related to our service, such as featured films or other entertainment information or promotional offerings. These communications are part of your relationship with Showtime Video® and you receive them as part of the Showtime Video® subscription. You agree that any notice, agreements, Disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Additional Conditions for Unlimited Scheme: There is a one time, non refundable registration charge as per the Membership selected by you upon signing up for the Services. A Member can borrow one/two Disc(s) at a time, as per the Membership Plan. The first delivery will be made at the Members' residence/enrolled address by Showtime Video®. Member has to provide a proof of Identity/Delivery address. Delivery and pickup will be to the enrolled Registered address. Some selected titles/movies may have a 24 or 48 hour return period. Late charges of Rs.50/- per day will be applicable beyond the specified time period. Non Payment of the late charges will lead to cancellation of the membership with Showtime Video®. It would remain our endeavor to deliver/pick up Disc(s) as soon as possible subject to availability of ordered Disc(s) at that time and order meets our regular optimum logistic plans. The Disc(s) should be handed over to a person carrying a valid Showtime Video® identity card. This is an exclusive scheme and Showtime Video® reserves the right to extend this scheme at its Discretion. At the end of the scheme period, the member is required to return the Disc(s) back to Showtime Video®. This membership is non transferable, non cancelable and non refundable. Showtime Video® may terminate the special promotional Program at any time, by posting the termination on the website and/or sending an email to your email id provided while registering for the Service.
Your relationship with Showtime Video®: Your relationship with the Showtime Video® is that of an independent customer. You are not an employee or agent of Showtime Video®. Neither you nor other Members are authorized to make any statement or representations on behalf of Showtime Video® or its website. Showtime Video® will not be bound by, or be liable for any statement or representation made by you or by any Member of the Website.
If any conflict of interest exists over the specific conditional offers / benefits provided to you from time to time and these Terms & Conditions, the Terms & Conditions shall supersede such specific conditional offers or benefits.
Indemnity: You agree to defend, indemnify and hold Showtime Video®, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Showtime Video® Website; (ii) your violation of any term of these Terms & Conditions; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Showtime Video® website.
Limitation of Liability: In no event shall Showtime Video®, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Showtime Video® Website, its contents or our Service. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Intellectual Property:
Copyright: All content included on the Showtime Video® Website and delivered to Members as part of the Service, including DISC(S), text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Showtime Video®, or its suppliers and is protected by the Indian and International Copyright Laws. The compilation of all content on this site is the exclusive property of Showtime Video®, and protected by the Indian and International Copyright Laws. Content shall not be reproduced or used without express written permission from Showtime Video®, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Showtime Video® Website, not to insert any code or product or manipulate the content of the Showtime Video® Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Showtime Video® reserves the right to terminate your Membership hereunder if Showtime Video®, in its sole and absolute discretion, believes that you are in violation, such violations including the copying of DISC(S) rented to you by us or the copying or other unauthorized use of our proprietary content. Showtime Video® does not promote, foster or condone the copying of DISC(S) or any other infringing activity. The use of DISC(S) rented to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms & Conditions for notifying us of the presence of any allegedly infringing content on the Showtime Video® Website.
Trademarks: Showtime Video® is a trademark of Nimbus Home Entertainment Private Limited. The Showtime Video® logo(s) is/ are a trademark or service mark of Nimbus Home Entertainment Private Limited. The Showtime Video® Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Showtime Video®. The trademarks, service marks and trade dress of Showtime Video® may not be used or reproduced without prior written approval from Nimbus Home Entertainment Private Limited and may not be used in connection with any product or service that is not affiliated with Showtime Video®, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Showtime Video®, or in any manner that disparages or discredits Showtime Video®. Other trademarks that appear on the Showtime Video® Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Showtime Video®. Any images of persons or personalities contained on the Showtime Video® Website are not an indication or endorsement of Showtime Video® or any particular product or our Service unless otherwise indicated.
Limitations of Use: You must be 18 years of age or older to subscribe to the Showtime Video® Service. While individuals under the age of 18 may utilize the Service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, the content on the Showtime Video® Website is for your personal and non-commercial use and we grant you a limited license to access the Showtime Video® Website/Stores for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Showtime Video® Website without our express written consent. Showtime Video® does not promote, foster or condone the copying of DISC(S) or any other infringing activity. Any unauthorized use of the Showtime™ Website or its contents will terminate the limited license granted by us.
Termination:You completely comprehend and agree that Showtime Video® may, at any time, in its sole discretion, terminate your password or Account. Showtime Video® also reserves the right to immediately delete and/or deactivate any or all information about and concerning your account, including your information of registration. You also agree to the fact that we may take any one or all of the above actions without mailing a prior notice to you. You understand and agree that Showtime Video® will not have any liability to you or any other person for the termination of your Membership and/or the removal of information regarding your Membership. Showtime Video® may terminate your Membership without prior notice of your Material Breach of this agreement. "Material Breach" includes:
(a) Any violation of any of the provisions of this agreement (b) Acting unlawfully in relationship to Showtime Video® or its website. (c) If there is a breach of our Anti-Spam Policy. (d) For providing incomplete, false, bogus or otherwise incorrect information to us. (e) Creating duplicate or illegal Memberships. (f) Any other reason which may be deemed to be illegal at the sole Discretion of Showtime Video®.
General: You agree that: (i) the Showtime Video ™ Website shall be deemed solely based in India; (ii) the section titles in this Terms & Conditions are for convenience only and have no legal or contractual effect; (iii) nothing in these Terms & Conditions shall be deemed to constitute a partnership or a joint venture between you and Showtime Video®. Nothing contained in these Terms & Conditions shall constitute you as our agent or otherwise entitle you to have authority to bind us for any purpose; and (iv) any claim or dispute between you and Showtime Video® that arises in whole or in part from the Showtime Video® website shall be decided exclusively by a court of competent jurisdiction located in Mumbai, India. You and Showtime Video ™ shall be bound to submit all disputes howsoever arising out of or in connection with the use of the Showtime Video® Website for arbitration to Sole arbitrator nominated and appointed by Showtime Video®. The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Mumbai, India. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings will be final and binding on both you and Showtime Video® to the extent permissible in law. These Terms & Conditions together with the Privacy Policy and any other legal notices published by Showtime Video® on the Showtime Video® Website shall constitute the entire agreement between you and Showtime Video® concerning the Showtime Video® website. If any provision(s) of these Terms & Conditions are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and Showtime Video®'s failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. Showtime Video® reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Showtime Video® Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms.
NOTICE:
This is to notify all intending and existing users of Showtime Video® that our rates stand revised w.e.f. 06th August 2012. Any communication or promotional materials (including SMS, pamphlets, ads, banners, etc.) that specify the previous rates shall be deemed as null & void.
Additional Terms & Conditions for 15% Discount Offer on Unlimited Membership Schemes
This offer is valid only on unlimited schemes.
Customer has to provide the 15% Discount coupon to the store representative in order to the avail the offer.
No Discount shall be given once the plan has been activated, customers need to announce the coupon and present it before activating the plan.
This offer cannot be clubbed with any other scheme/ offer/ promotion.
The 15% Discount is applicable only on subscription fees and not on registration charges.
This offer is applicable only to the unlimited membership schemes mentioned on Showtime promotional material.
All other Terms & Conditions applicable to Showtime Video® memberships shall remain the same. Kindly refer to Terms & Conditions on www.showtimevideo.co.in
Showtime Video® reserves the right to change any part, validity or conditions of this scheme/ offer without any intimation to anybody.
Showtime Video® reserves the right to terminate the promotional scheme at any time with/ without posting a notice on its website.
The decision taken by the Showtime Video® management will be the final and binding.
Additional Terms & Conditions for ‘Rent 1 DVD for Rs.50’ offer
This offer is a limited period offer and is valid only for LIMITED PERIOD
Customer has to provide the Discount coupon to the store representative in order to the avail the offer.
No Discount shall be given once the plan has been activated, customers need to announce the coupon and present it before activating the plan.
This offer cannot be clubbed with any other scheme/ offer/ promotion.
Delivery schedules shall remain the same as mentioned on the offer communication.
All other Terms & Conditions applicable to Showtime Video® memberships shall remain the same. Kindly refer to Terms & Conditions on www.showtimevideo.co.in
Showtime Video® reserves the right to change any part, validity or conditions of this scheme/ offer without any intimation to anybody.
Showtime Video® reserves the right to terminate the promotional scheme at any time with/ without posting a notice on its website.
The decision taken by the Showtime Video® management will be the final and binding.
Additional Terms & Conditions for ‘Unlimited movies for Rs.299’ offer
This offer is a limited period offer and is valid only for LIMITED PERIOD.
Customer has to provide the Discount coupon to the store representative in order to the avail the offer.
No Discount shall be given once the plan has been activated, customers need to announce the coupon and present it before activating the plan.
This offer cannot be clubbed with any other scheme/ offer/ promotion.
Customer can redeem this offer only once with Showtime Video® store.
All other Terms & Conditions applicable to Showtime Video® memberships shall remain the same. Kindly refer to Terms & Conditions on www.showtimevideo.co.in
Showtime Video® reserves the right to change any part, validity or conditions of this scheme/ offer without any intimation to anybody.
Showtime Video® reserves the right to terminate the promotional scheme at any time with/ without posting a notice on its website.
The decision taken by the Showtime Video® management will be the final and binding.
Additional Terms & Conditions for ‘Unlimited Movies for Rs.299’ Special Invitation Offer through Social Networking Sites/E-mailers:
This offer is a limited period offer and is valid only for LIMITED PERIOD.
This offer is available to Customers through special invitation only.
Customer has to provide the printout of the above Offer to the store representative in order to avail the above Offer.
This Offer cannot be clubbed with any other scheme/ offer/ promotion nor can be exchanged for cash.
Customer can redeem this Offer only once with Showtime Video® store.
All other Terms and Conditions applicable to Showtime Video® Services shall remain the same. Kindly refer to Terms & Conditions on www.showtimevideo.co.in
Showtime Video® reserves right to provide Service in a particular area/ territory.
Showtime Video® shall be entitled to de-register or restrain any person from participating in the Offer, at its sole Discretion and without assigning any reason.
Showtime Video® reserves the right to change any part, validity or conditions of this scheme/ offer without any intimation to anybody.
Showtime Video® reserves the right to terminate this scheme/offer at any time without posting a notice on its website.
The decision taken by the Showtime Video® management will be the final and binding.
Any questions or complaints, which may arise to you with us for the above Offer, on process, terms and conditions and eligibility, shall be referred customercare@showtimevideo.co.in
In the event of any legal issue on any dispute, difference or question, which may arise to you with us for the above Offer, on process, terms and conditions and eligibility, it shall be referred to Sole Arbitrator under Arbitration and Conciliation Act, 1996 at such place in Mumbai as recommended by Showtime Video®. The language to be used in arbitration shall be English.
You shall bear the costs and expenses of dispute resolution and arbitration. The matters relating to arbitration shall be kept confidential.
All disputes are subject to the exclusive jurisdiction of courts of Mumbai.
Additional Terms & Conditions for Rs.250/-, Rs.500/-, Rs.1200/- and Rs.2700/- FREE Gift Vouchers:
This offer is a limited period offer and is valid only till 30th Sep 2011.
This offer is available to Customers through special invitation including Tele-calling, E-mailer, SMS, etc. only.
Customer has to provide the printed copy of the above Offer to the store representative in order to avail of the Offer.
Rs.250/- Free Gift Voucher is redeemable on “10 Disc(s) Plan worth Rs.750/- (Unlimited Validity)” only.
Rs.500/- Free Gift Voucher is redeemable only on:
- 15 Disc(s) Plan worth Rs.1,125/-
- 30 Disc(s) Plan worth Rs.2,250/-
- 60 Disc(s) Plan worth Rs.4,500/-
Rs.1,200/- Free Gift Voucher is redeemable only on:
- 30 Disc(s) Plan worth Rs.2,250/-
- 60 Disc(s) Plan worth Rs.4,500/-
Rs.2,700/- Free Gift Voucher is redeemable on 60 Disc(s) Plan worth Rs.4,500/- only.
This Offer cannot be clubbed with any other scheme/ offer/ promotion nor can be exchanged for cash.
Customer can redeem this Offer only once with Showtime Video® store.
Customer can redeem only one voucher at a time against any of the Disc(s) Plans mentioned above.
Showtime Video® reserves right to provide Service in a particular area/ territory.
Showtime Video® shall be entitled to de-register or restrain any person from participating in the Offer, at its sole Discretion and without assigning any reason.
All other terms and conditions applicable to Showtime Video® Services shall remain the same. Kindly refer to Terms & Conditions on www.showtimevideo.co.in
Showtime Video® reserves the right to change any part, validity or conditions of this scheme/ offer without any intimation to anybody.
Showtime Video® reserves the right to terminate this scheme/offer at any time without posting a notice on its website.
The decision taken by the Showtime Video® management will be the final and binding.
Any questions or complaints, which may arise to you with us for the above Offer, on process, terms and conditions and eligibility, shall be referred customercare@showtimevideo.co.in
In the event of any legal issue on any dispute, difference or question, which may arise to you with us for the above Offer, on process, terms and conditions and eligibility, it shall be referred to Sole Arbitrator under Arbitration and Conciliation Act, 1996 at such place in Mumbai as recommended by Showtime Video®. The language to be used in arbitration shall be English.
You shall bear the costs and expenses of dispute resolution and arbitration. The matters relating to arbitration shall be kept confidential.
All disputes are subject to the exclusive jurisdiction of courts of Mumbai.
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