Actve Mall


Actve Mall

Terms and Conditions


Actve Mall service is an interactive platform service provided to all subscribers of Tata Sky and which enable Tata Sky subscribers to view product listings of various Tata Sky category partners and make requests for purchases.

Tata Sky is solely promoting the Actve Mall service on the Tata Sky platform. The products are provided by respective category partners of Tata Sky. Tata Sky assumes no responsibility for the products displayed or purchased by Tata Sky subscriber from the category partner.

The Actve Mall service features various consumer products that can be viewed & bought by all Tata Sky subscribers (hereinafter referred to as “You”).  Interested Tata Sky subscribers may purchase any Product listed by sending the Product code via SMS to 56633.

All Tata Sky subscribers who avail of the Actve Mall service agree to be bound by the following terms and conditions:
 
Definitions
  1. “Active account status” means a positive account balance in your Subscriber Account.
  2. “Valid entry” means a code sent via SMS by You in the correct prescribed format.
  3.  “Weekly Listing” means a new listing which will feature for one week on Actve Mall
  4. “Product” means and includes without limitation consumer goods such as mobile phones, flower bouquets, gift items etc and mobile downloads such as ringtones, wallpapers
Terms used herein but not defined shall have the same meaning as assigned to them in the Subscription Contract signed between You and Tata Sky.

Eligibility
  1. You should have an Active account status at the time of requesting for the Product details through SMS or else your request shall be rejected.
  2. For Mobile downloads, You will receive the requested Product via SMS provided Tata Sky has received a Valid entry from You.
  3. The following persons cannot avail the Promotion on Actve Malls:
    1. Employees and relatives of Tata Sky
    2. Tata Sky business associates including its dealers and advertising agencies and
    3. Anyone else who may be involved with the Promotion.
  4. Tata Sky reserves the right, at any time, to verify eligibility requirements for the Promotion on Actve Mall, in any manner deemed appropriate.
Process and terms applicable to purchase of a specific Product listed on Actve Mall service

For Mobile Downloads
  1. To get the Product details (purchase, payment etc.) of a specific listing, press the select button on your Tata Sky remote while viewing the corresponding Product.
  2. SMS the code that is displayed on your screen to 56633.
  3. In case you had ordered a Ringtone or Wallpaper, the requisite amount will be deducted from your Subscriber Account, after you receive the Product.
  4. Price payable for Mobile Downloads shall be as mentioned on Actve Mall service. Standard SMS and downloading charges of your operator will apply
  5. For Mobile Downloads, You shall be charged only once per day for upto three requests sent by You via SMS for any specific listing during that day. Fourth SMS request onwards for the same Product on the same day will be considered invalid and you will not receive any response from Tata Sky. In case, after three attempts, you have still not received the Product, you may resend the SMS for the specific listing on the following day or any other day thereafter. This will be treated as a new request and requisite charges will be deducted from your Subscriber Account.
  6. If You are unable to receive the SMS with the requested content (for Mobile Downloads) and Your Subscriber Account has been debited with the purchase charges, Tata Sky will verify the transaction. The reversal of charges is subject to internal verification by Tata Sky of non receipt of the SMS by You. Any request pertaining to non receipt of a Product for which Your Subscriber Account has been debited but which has not been received by You should be placed on the Tata Sky helpline. Refund/resending of SMS, if any, shall be at the sole discretion of Tata Sky after verifying all the requisite details.
For Products Other Than Mobile Downloads
  1. To get the Product details (purchase, payment etc.) of a specific listing, press the green button on your Tata Sky remote while viewing the corresponding Product.
  2. SMS the code that is displayed on your screen to 56633.
  3. You will receive a call from the category partner call centre to confirm your purchase.
  4. You acknowledge that Tata Sky is only promoting the Products on its platform and forwarding the request details to the category partner.
  5. Transaction pertaining to purchase of the Product takes place directly between You and the category partner and Tata Sky shall not be liable for any issues pertaining to quality, service, late/non-delivery, warranty, maintenance, returns, refunds, courier charges, locations available, defects, additional charges etc. For detailed terms and conditions pertaining to your purchase of the Products from the category partner, please refer the category partner URL list:
    1. Ferns N Petals: http://www.fnp.in/fnp/faces/jsp/shippingdisclaimer.jsp
Process and terms applicable to promotions ("Promotion") on Actve Mall service

Tata Sky subscribers participating in the Promotion on the Actve Mall service shall be bound by the terms and conditions specified in the Promotion.

The free product which the Tata Sky subscriber receives as part of the Promotion cannot be exchanged for cash, any other free gift or offer.

General Terms & Conditions
  1. Actve Mall service shall have periodic listings
  2. Tata Sky will not be liable to issue any refunds where You are unable/ do not receive the Product on account of factors not attributable to Tata Sky.
  3. SMS rates will be applicable as per the tariff of Your mobile service provider.
  4. Tata Sky reserves the right at anytime, without prior notice, to add or vary all or any of these terms and conditions or to replace, wholly or in part the Actve Mall service or to withdraw it completely.
  5. Tata Sky reserves the right to make the Actve Mall service a paid service at its sole discretion.
  6. For participating in the Promotion under Actve Mall service:
    1. SMS rates will be applicable as per the tariff of Your mobile service provider.
    2. SMS entries for the Promotion sent after the closure of the Promotion will not be considered.
    3. Any participant who manipulates the Promotion in any manner whatsoever shall be liable for disqualification at the sole discretion of Tata Sky. In such event Tata Sky shall not be liable to consider even a Valid entry sent by the subscriber thereafter.
    4. Tata Sky will not be liable for any loss, damage or cancellation of the Promotion caused by events beyond its reasonable control including war, natural calamities, floods, failure of telecommunication network, etc.
  7. You consent to comply with these terms and conditions and waive any right to claim ambiguity in these terms and conditions and release, indemnify and hold harmless Tata Sky and its respective affiliates, advertising and promotion agencies, and its respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from or arising from your use or misuse of the Actve Mall services.
  8. You acknowledge and agree that all disputes in relation to the Actve Mall service shall be determined in the sole and absolute discretion of Tata Sky and that such a decision by Tata Sky shall be final and binding.
  9. Tata Sky is not responsible for printing or typographical errors on the Actve Mall service; or for SMS transactions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, mail system, human or other error; or for electronic, computer, or telephonic malfunction or error.
Process and terms applicable to Download Bonanza Pack promotion:


Offer: Subscribe to the Download Bonanza Pack at Rs 49 pm month & get K’NAAN Song & True Tone FREE

Offer Dates: 11 June 2010 - 17 June 2010
  1. The Free content will be provided to the subscriber via a link after the completion of the promotion.
  2. This link will be sent to the RMN from where the subscriber has sent the request for the subscription of the Download Bonanza Pack.
  3. This link on clicking through will open up a page where the content is hosted.
  4. The subscriber will be able to download the specified content from this page.
  5. This page will be kept active for 48 hours after link is sent to the subscriber.
  6. Tata Sky or its partner Hungama will not be held responsible in case the subscriber is unable to download the games provided for any reason whatsoever
  7. All general Terms & Conditions apply
Process and terms applicable to Download More & Win promotion:


Offer: Download as much as you can & win prizes
Prizes:
Bumber Prize: Home Theatre System- 1 winner
 Second Prize: i-pod shuffle- 10 winners
Consolation Prize: 1 Song- 1000 winners

Offer Dates: 11 June- 30 June 2010

Details:
  1. The winners will be selected on the basis of maximum number of downloads
  2. Prize Delivery
    1. Home Theatre System & i-pod Shuffles:
      1. The prize is not exchangeable for cash or any other offer.
      2. The winner shall be contacted via phone at the phone number mentioned in the Tata Sky records.
      3. Tata Sky shall also send a letter to the winner at the address mentioned in the Tata Sky records requesting for a list of documents to be presented by the winner to claim the prize. Non-submission of necessary documents shall lead to disqualification of the winner and an alternative winner shall be chosen thereafter.
      4. If Tata Sky is not able to contact the winner at the phone number or the address mentioned in the Tata Sky records by midnight seven days after Tata Sky 's first attempted notification, Tata Sky reserves the right to select an alternative winner and the original winner's entitlement to the prize will lapse.
      5. Tata Sky will send the prize to the winner within one month of declaring the winner; The prizes shall be delivered to the winner at the Subscriber Address entered in the Tata Sky records.  Tata Sky shall not be liable for delayed delivery or any damage caused to the prize during delivery. In the event of damage caused to the prize during delivery, winner(s) must take up this matter directly with the manufacturer / dealer. Tata Sky shall not be liable for any defect or deficiency in the prize. You acknowledge that the prizes are provided on an “as is basis” and You agree to contact the manufacturer / dealer directly for any quality, repair or warranty related issues.
    2. Song:
      1. The Free content will be provided to the subscriber via a link after the completion of the promotion.
      2. This link will be sent to the RMN of the subscriber as per Tata Sky database
      3. This link on clicking through will open up a page where the content is hosted.
      4. The subscriber will be able to download the specified content from this page.
      5. This page will be kept active for 48 hours after link is sent to the subscriber.
      6. Tata Sky or its partner Hungama will not be held responsible in case the subscriber is unable to download the content provided for any reason whatsoever


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