Sun NXT Terms of Use

 

Sun NXT provides a subscription service that allows our Users to access movies and TV shows (“Sun NXT content”) streamed over the Internet to certain Internet-connected TVs, computers and other devices ("Sun NXT ready devices").

 

Definitions:

 

In the Sun NXT's terms of Use, the following terms shall have the meaning as quoted them below:

 

1.      Sun NXT refers to the OTT service of Sun TV Network Limited, which provides a Paid Video Streaming service that allows Users to view the Content provided over the Internet, through electronic devices like Mobiles, Tablets, Computers, Streaming Devices, Smart Televisions, Apple TVs, etc.

2.      All references to ‘Sun NXT’, ‘Sun Group’, ‘Company’, ‘We’, ‘Us’ and ‘Our’ shall mean Sun Group.

3.      All references to 'You', 'Your', 'Subscriber', 'User', 'Member' shall mean the Subscriber who has used the Sun NXT services.

4.      All references to 'Service', 'Services', 'Content', ‘Sun NXT Content’, 'Material', and 'Offerings' shall mean the Content on Sun NXT.

5.      All references to '4 South Indian Languages’ shall mean 'Tamil', 'Telugu', 'Kannada' and 'Malayalam'.

6.      All references to 'Materials' shall mean the Intellectual Property of the Company.

7.      All references to 'Intellectual Property Rights' shall mean all patents, trademarks, service marks, copyrights, database rights, trade names, brand names, trade secrets, design rights and similar proprietary rights of the Company whether registered or unregistered and all renewals and extensions.

8.      All references to ‘Sun NXT ready device’ means any electronic device which is compatible to run the Sun NXT application. Compatible Devices are – Any Android Device with Android version 4.4 & above, iOS devices with iOS version 6 & above and PC Browser.

 

The Changes and/or modifications shall become effective immediately upon being posted/published on the Terms of Use / User Agreement Service herein. Please check the Terms of Use frequently as We have the sole right to change, amend, alter or modify the Terms of Use at any time without any prior notice. Your continued use of the Service following the posting of changes/amendments and/or modifications shall constitute Youracceptance of any revised Terms of Use. Sun Nxt reserves the exclusive rights at any time to deny or suspend access to all or part of the Service to anyone who the Company believes has violated any of these Terms of Use.

 

The Sun NXT service is provided to You by Sun TV Network Limited, a company registered under the Company's Act, 1956. These Terms of Use govern Your use of Our Service. As used in these Terms of Use, "Sun NXT service", "our service" or "the service" means the service provided by Sun NXT for discovering and watching Sun NXT content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

 

1.      Membership. Your Sun NXT membership will continue month-to-month until terminated. To use the Sun NXT service, you must have Internet access and a Sun NXT ready device, and provide a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Unless you cancel your membership before your monthly billing date, you authorize us to charge your next month's membership fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your Sun NXT membership by visiting our website and clicking on the "Profile" link available at the top of the pages of the Sun NXT website under your profile name.

 

2.      Free Subscription

2.1.      Your Sun NXT membership may start with a free Subscription at the time of launch. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new members to try the service. Free Subscription can be availed for a period of one month from the launch date of Sun NXT, i.e. if you register on Sun Nxt within one month of its launch, you will be immediately provided a one-month FREE SUBSCRIPTION, provided you have locked your payment mechanism. You may cancel your membership any time before the end of your ‘Free Subscription’ period.

 

2.2.      Free Subscription eligibility is determined by Sun NXT at its sole discretion and we may limit eligibility to prevent free subscription abuse. We reserve the right to revoke the free subscription and put Profile on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Sun NXT membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Sun NXT membership to determine eligibility. For combinations with other offers, restrictions may apply.

 

2.3.      We will charge your Payment Method for your monthly membership fee at the end of the free subscription period unless you cancel your membership prior to the end of the free subscription period. To view the monthly membership price and end date of your free subscription period, visit our website and click the "Billing details" link on the "Your Profile" page.

 

3.      Billing

 

3.1.      Billing Cycle. The membership fee for the Sun NXT service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Your Profile" page to see your next payment date.

 

3.2.      Payment Methods. You can change your Payment Method by visiting our website / app and clicking on the "Profile" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel Profile, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method and you remain responsible for any uncollected amounts. This may result in a change to your payment dates. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

 

3.3.      Cancellation. You can cancel your Sun NXT membership at any time, and you will continue to have access to the Sun NXT service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unwatched Sun NXT content. To cancel, go to the "Profile" page and follow the instructions for cancellation. If you cancel your membership, Profile will automatically close at the end of your current billing period. To see when Profile will close, click "Billing details" on the "Profile" page. If you signed up for Sun NXT using Profile with a third party as a Payment Method and wish to cancel your Sun NXT membership, you may need to do so through such third party, for example by visiting Profile with the applicable third party and turning off auto-renew, or unsubscribing from the Sun NXT service through that third party. You may also find billing information about your Sun NXT membership by visiting Profile with the applicable third party.

 

3.4.      Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, these changes will only come into effect at the end of your existing monthly/quarterly/annual subscription period, as may be the case.

 

3.5.    Language SubscriptionThis is applicable only for Non-India Subscribers. We offer Sun NXT              subscription packs based on languages, i.e. 4 languages pack have been priced separately. Once Youselect a language while making the payment, that will be considered as Your Primary language pack. If You want to add an additional language during your existing subscription period, Your subscription will start immediately upon receipt of the payment but will expire by the end of the current subscription period. We suggest that You add new language at the end of the current cycle / start of the new cycle so that you enjoy maximum benefit.

 

 

4.      Sun NXT Service

 

4.1.      You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Sun NXT service. Minors may only use the service under the supervision of an adult.

 

4.2.      The Sun NXT service and any content viewed through the service are for your personal and non-commercial use only. During your Sun NXT membership, we grant you a limited, non-exclusive, non-transferable license to access the Sun NXT service and view Sun NXT content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

 

4.3.      You may view the Sun NXT content primarily within the country in which you have established Profile and only in geographic locations where you have subscribed for the Service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch is 3.

 

4.4.      All Sun NXT content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country. Also, if you have downloaded Offline Titles in one country and try to consume it in another country, the same may not work as your subscription is not valid in the other country. In such cases, we suggest you buy a new subscription in that country to continue experiencing Sun NXT.

 

4.5.      You agree to use the Sun NXT service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on obtained from or through the Sun NXT service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Sun NXT service; use any robot, spider, scraper or other automated means to access the Sun NXT service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Sun NXT service; insert any code or product or manipulate the content of the Sun NXT service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Sun NXT service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

 

4.6.      The quality of the display of the Sun NXT content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. Default playback settings on cellular networks exclude HD content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Sun NXT content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Sun NXT ready device.

 

4.7.      The Sun NXT software is developed by, or for, Sun NXT and is designed to enable viewing of Sun NXT content through Sun NXT ready devices. The Sun NXT software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Sun NXT and related third-party software.

 

5.      Passwords & Account Access. The member who created the Sun NXT account and whose Payment Method is charged (the "Account Owner") has access and control over the Sun NXT account and the Sun NXT ready devices that are used to access our service. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Sun NXT ready devices that are used to access the service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to Profile. We can terminate Profile or place Profile on hold in order to protect you, Sun NXT or our partners from identity theft or other fraudulent activity.

 

6.      Warranties and Limitations on Liability. The Sun NXT service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.

 

7.      Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND SUN NXT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Sun NXT agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

 

8.      Miscellaneous

8.1.      Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the India.

 

8.2.      Unsolicited Materials. Sun NXT does not accept unsolicited materials or ideas for Sun NXT content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Sun NXT.

 

8.3.      Customer Support. To find more information about our service and its features or if you need assistance with Profile, please send us a mail on contactus@sunnxt.com

 

8.4.      Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable due to any governmental or governing body’s obligation, the validity, legality andenforceability of the remaining provisions shall remain in full force and effect.

 

8.5.      Changes to Terms of Use and Assignment. Sun NXT may, from time to time, change these Terms of Use. We will notify you at least 30 days before these new Terms of Use apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

 

8.6.      Electronic Communications. We will send you information relating to Profile (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address / sms on your mobile number (in case of India), provided during registration.

 

 

9.      Refund Policy

9.1 Chargeback-  In case You raise a concern that there has been a fraudulent transaction using Your card details, then post the receipt of a formal complaint, in the form of an email / letter, an internal investigation will be conducted to analyse the breach and the refund will be transacted accordingly. The Duration for the Internal Investigation will be 5 business days from the receipt of the formal complaint. Pls note that if any content is consumed/seen by you on Sun NXT for a period of more than 120 seconds concurrently / non-concurrently, it will be deemed that you have consumed our content and in such cases, refund will not be permitted even in case of a written complaint. Your recourse in such case is to cancel the subscription. However, your subscription will be discontinued at the end of the current billing cycle.

 

9.2 Cancellation

 

            9.2.1. Indian Customer – In case You want to cancel Your current subscription, during the tenure of the subscription, You will be provided with a refund based on the following criteria:

 

·         Monthly Subscription – No Refund. You will be able to access the Service till the end of the subscription period.

·         Quarterly Subscription –If You cancel the subscription either in the 1st or the 2nd month, You will have to consume the current month content and the refund will be provided for the remaining months on a monthly pro-rata basis.

·         Annual Subscription - If You cancel the subscription between 1st and 6th month, You will have to consume the current month content and the refund will be provided for the remaining months on a monthly pro-rata basis. Post 6th month no refund will be provided.

 

9.2.2 International Customer - In case You want to cancel Your current subscription, during the tenure of the subscription, You will be provided with a refund based on the following criteria

 

 

·         Monthly Subscription – No Refund. You will be able to access the Service till the end of the subscription period.

·         Yearly Subscription - If You cancel the subscription between 1st and 6th month, You will have to consume the current month content and the refund will be provided for the remaining months on a monthly pro-rata basis. Post 6th month no refund will be provided.

·         Language Pack Cancellation – If You cancel the Primary Language, You will be able to access the content to the nearest Month end cycle. But, once the Primary Language pack’s validity has ended, You will not be able to access the Secondary Packs as well.

 

10.   Apple iTunes In-App Purchase and Cancellation Information

If you have purchased a subscription to Sun NXT directly through Sun NXT in-app purchase from Apple iTunes (not directly from the www.sunnxt.com website or Sun NXT’s android application) please review the information below. Please note www.sunnxt.com and Sun NXT’s android application will be jointly denoted as SunNXT.com for the subsequent part of the document.

If you have completed your purchase through the SunNXT.com, please see the Terms of Use section.

 

                                Purchasing an Apple iTunes Subscription

In-app purchases are purchased from and billed by Apple iTunes, not SunNXT.com. These purchases are subject to the terms and conditions of Apple iTunes. All billing and refund inquiries must be directed to Apple iTunes. SunNXT.com does not have access to Apple iTunes accounts or transactions. If you wish to confirm the type of subscription that has been purchased from Apple iTunes, please consult your Apple iTunes account or receipt as each subscription will have a unique billing name.

* Monthly Subscription Plans: The Sun NXT Monthly purchase is valid for 30 days and will be re-billed every 30 days year-round by Apple iTunes until cancelled by the user. Apple iTunes will send a monthly e-mail well in advance of renewal containing a hyperlink to manage the subscription. Following plans all are having 30 days duration:

- Telugu Monthly

- Tamil Monthly

- Kannada Monthly

- Malayalam Monthly

- Combo (Tamil, Telugu) Monthly

- Combo (Telugu, Kannada) Monthly

- Combo (Telugu, Malayalam) Monthly

- Combo (Tamil, Kannada) Monthly

- Combo (Tamil, Malayalam) Monthly

- Combo (Kannada, Malayalam) Monthly

- Combo (Tamil, Telugu, Kannada) Monthly

- Combo (Tamil, Telugu, Malayalam) Monthly

- Combo (Tamil, Kannada, Malayalam) Monthly

- Combo (Telugu, Kannada, Malayalam) Monthly

- All Monthly Subscription Plan

 

* Annual Subscription Plan: The Sun NXT Annual purchase is valid for 365 days and will be re-billed every year by Apple iTunes until cancelled by the user. Apple iTunes will send an e-mail well in advance of renewal containing a hyperlink to manage the subscription.  Following plans are available:

- Telugu Annual

- Tamil Annual

- Kannada Annual

- Malayalam Annual

- Combo (Tamil, Telugu) Annual

- Combo (Telugu, Kannada) Annual

- Combo (Telugu, Malayalam) Annual

- Combo (Tamil, Kannada) Annual

- Combo (Tamil, Malayalam) Annual

- Combo (Kannada, Malayalam) Annual

- Combo (Tamil, Telugu, Kannada) Annual

- Combo (Tamil, Telugu, Malayalam) Annual

- Combo (Tamil, Kannada, Malayalam) Annual

- Combo (Telugu, Kannada, Malayalam) Annual

- All Annual Subscription Plan

Apple iTunes subscriptions can be managed from a mobile device or computer that uses the same Apple ID as the initial purchase. SunNXT.com cannot manage Apple iTunes subscriptions. Apple iTunes cancellation steps are listed below for your convenience.

 

Accessing your Apple iTunes In-App Purchase on other Supported Devices

A major benefit of connecting your Apple iTunes purchase to an SunNXT.com account is being able to access the purchase across your compatible Apple, Android and Smart TV devices. You will also have access to latest movies using your personal computer. Separate purchases are no longer required. Connecting a purchase to an SunNXT.com account also allows Customer Service to better assist you with inquiries and troubleshooting. You can only connect an Apple iTunes purchase to one SunNXT.com account. If you connect the purchase to a second SunNXT.com account, it is not allowed.

 

 Restoring a previous Apple iTunes purchase

Subscribers who have made an in-app purchase through Apple iTunes on a mobile device can Restore previous purchases once logged-in through SunNXT.com, for example, when re-installing the application on an existing Apple or new Apple device. A restore can only be completed on devices which share the same Apple ID as the initial purchase.

 

Cancelling an Apple iTunes Monthly/Quarterly/Annual Subscription

     On your iPhone, iPad, or iPod touch

1.    On the Home screen, tap Settings.

2.    Tap iTunes & App Store.

3.    Tap your Apple ID.

4.    Tap View Apple ID. You might need to sign in.

5.    Under Subscriptions, tap Manage. If you don't see a subscription in iTunes and are still being charged, make sure that you're signed in with the correct Apple ID. If so, you might have subscribed directly with the provider and not through iTunes. In this case, please contact the content publisher or app developer directly to cancel your subscription.

6.    Tap the subscription that you want to manage.

7.    Use the options to manage your subscription. You can choose a different subscription period, or turn off Automatic Renewal. Turn off Automatic Renewal to cancel a subscription. Your subscription will stop at the end of the current billing cycle.

      On your Mac or PC

1.    Open iTunes.

2.    Click Sign In and enter your Apple ID.

3.    Click your name, and select Account Info from the drop-down menu.

4.    Enter your password again.

5.    On the Account Information screen: Scroll to the Settings section.

6.    To the right of Subscriptions, click Manage. If you don't see a subscription in iTunes and are still being charged, make sure that you're signed in with the correct Apple ID. If so, you might have subscribed directly with the provider and not through iTunes. In this case, please contact the content publisher or app developer directly to cancel your subscription.

7.    Choose the subscription you want to manage.

8.    Use the options to manage your subscription. You can choose a different subscription period, or turn off Automatic Renewal. Turn off Automatic Renewal to cancel a subscription. Your subscription will stop at the end of the current billing cycle.