TERMS AND CONDITIONS FOR WHATSAPP BUSINESS ACCOUNT FOR ZEE MARATHI

1. Zee Marathi channel (“Channel”) has decided to make the channel more reachable to all its viewers and/or customers and/or participants and/or user and/or subscriber (“You”/ “Your”). Zee Entertainment Enterprises Limited (“ZEEL”) has always promised to show the best of programmes on the said Channel and always shall be committed to You. With such objective, the Channel has decided to create a WhatsApp business account where the Channel will reach You and also to the new viewers, customers, subscribers and end users directly to take including but not limited to their valuable opinions about the various fiction and non-fiction programmes of the Channel. All communication and the underlying content will apply law and shall be approved by ZEEL’s internal standard and practices team.

2. The Channel had organized various ground events and/or contests to engage You to participate in such events and/or contests and got very good feedback and opinions from the ones who participated in such contests and events organized by the Channel.

3. These terms and conditions apply between all users of this WhatsApp business account introduced by ZEEL. Please read these terms and conditions carefully before using this WhatsApp business account and/or allowing Us to continue to reach out to You through this WhatsApp business account. If Affirmative, You agree to abide by all of the terms and conditions contained herein and all other operating rules, policies and procedures of ZEEL and/or Channel that may be published from time to time on the website https://zeemarathi.zee5.com/tnc/ and/or any other platform/medium (whether in use or developed in future) by ZEEL and/or Channel, which may be modified by ZEEL at its sole discretion. If You do not agree to these terms and conditions, You are hereby advised not to use or access and/or connect with this WhatsApp business account and the same shall be implemented.

4. The Channel has launched this WhatsApp business account from 28^th March IST till the time business tram decides to discontinue it (“Period”).

5. During the campaign Period, Channel shall send push messages to You so that You may access this WhatsApp business account and share Your views.

6. The WhatsApp business account can be accessed by people all over India who are viewers and/or customers and/or participants and/or users and/or subscribers of the Channel and they may receive push messages from the Channel, however they won’t be able to chat with the Account or reply back.

7. All rights including all copyrights and other intellectual property rights in respect of the content of such WhatsApp business account in its entirety vests in ZEEL.

8. You hereby understand that You won’t be able to chat with this WhatsApp business account.

9. You further understand that ZEEL and/or the Channel doesn’t promise any jobs and/or opportunities to work with ZEEL in any capacity.

10. You further understand, accept and give your permission to ZEEL, so that the Channel through this WhatsApp business account may reach out to You to get Your opinion including but not limited to with regard to the various fiction and non-fiction shows/programmes of the Channel.

11. You further understand and accept the following;

1. It is made abundantly clear to You that this WhatsApp promotional activities is only for the channel’s promotion and it won’t create any right and/or opportunity to You and any or all such interested viewers to work for the Channel and/or ZEEL in any capacity.

2. ZEEL and/or Channel may use the database for the survey and/or promotion only.

3. ZEEL and/or channel may use the database for promotional purpose related to its shows, events, on ground events etc.

4. ZEEL and/or channel may use such contact database to conduct various contests and other activities including but not limited to its programmes.

5. The right to use this WhatsApp business account is personal to you and is not transferable to any other person or entity.

12. ZEEL and/or channel will not tolerate any abusive and/or unparliamentary foul languages used by You and/or any participant and/or user and can be banned and/or blocked for lifetime at its sole discretion.

13. ZEEL may promote its Channel and/or any fiction and non-fiction programmes including but not limited to shows, events, ground events and contests through the medium of the Social media pages of the Channel, WhatsApp, digital media/ online and any other manner as shall deem fit by ZEEL, at its sole discretion.

14. For the sake of clarity, it is stated that all opinions (“Entry(ies)”) in such WhatsApp campaign must be sent from Your personal/ self-owned registered WhatsApp personal account and any Entry(ies) sent from any unidentified account shall be considered invalid by ZEEL and the same shall be disqualified.

15. If any viewers of the Channel are selected as part of any Contest which involves Meet and Greet or attending channel events then in that case, the viewers have to look after their travel and stay arrangement for such purpose and the same shall not be the responsibility of the Channel in any manner.

16. A valid entry for the purpose of this WhatsApp business account is where You have given Your choices strictly in the manner provided hereinabove.

17. For avoidance of doubt, it is clarified that it is just a promotional campaign of the Channel and/or ZEEL, there will not be any prize and/ or any type of gratification whether monitory or otherwise for Your usage of this WhatsApp business account.

18. During Your usage of this WhatsApp business account, You will not in any circumstances make any claims against ZEEL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly or any related activity, to the extent permitted under law.

19. Family members and relatives of the employees of ZEEL and their group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the WhatsApp business account.

20. All information disclosed by You to ZEEL must be truthful, accurate and in no way misleading, failing which ZEEL reserves at its sole discretion the right to cancel/suspend/withdraw/block the WhatsApp business account.

21. Participation in this WhatsApp Business account campaign is restricted to the people who are above the age of 18(Eighteen) years.

22. Technology Limitations – You understand that ZEEL is dependent on the application WhatsApp, internet service provider and also network service provider and as such ZEEL, all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies shall not be responsible for:

(a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries/ posts;

(b) electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures;

(c) any disruptions, injuries, losses or damages caused by events beyond the control of ZEEL.

(d) furthermore, You acknowledge that although the internet is often a secure environment, sometimes there are interruption in service or event beyond the control of ZEEL and ZEEL shall not be responsible for any data loss.

(e) You understand that due to circumstances both within and outside of ZEEL Your connection with this WhatsApp business account may be interrupted, suspended or terminated from time to time. Further ZEEL shall also have the right to discontinue disseminating any portion of any information or change any category of information or eliminate any transmission method (if any) and may change transmission speed or other similar characteristics.

23. ZEEL reserves the right in its sole discretion and without any obligation to make improvement to, or correct any error or omissions in the WhatsApp business account.

24. ZEEL shall not be held responsible for non-availability of WhatsApp business account during periodic maintenance operations or any unplanned suspension of access to the same that may occur due to technical reasons or for any reasons beyond ZEEL’s control.

25. You understand that Your connection with this WhatsApp business account through Your mobile phone is done at Your own discretion and risk, and You will be solely responsible for any damage to your mobile phone.

26. In consideration of You being permitted to connect with the WhatsApp business account, You hereby agree to release ZEEL and/or its affiliates, officers, directors and employees from all damages (whether direct, indirect, incidental, consequential or otherwise, losses, liabilities, damages, costs and expenses of every kind and nature, known and unknown in connection with Your usage of WhatsApp business account.

27. You hereby understand that ZEEL makes no representation and/or warranties regarding the WhatsApp business account or any matter in connection therewith other than those expressly given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.

28. By not objecting to the performance of this WhatsApp business account, You acknowledge and agree that any and all disputes, claims and causes of action arising out of or in connection with WhatsApp business account shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will ZEEL, and/or ZEEL entities, and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

29. Notwithstanding anything contained herein, you expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of ZEEL’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of this Terms and Conditions by You, ZEEL shall be entitled to any and all remedies in law and/or equity.

30. To the fullest extent permitted by law, ZEEL, including its affiliates, and its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with this WhatsApp business account and Your relation with WhatsApp business account. ZEEL makes no warranties or representations about the accuracy or completeness of the content of the WhatsApp business account and assumes no liability or responsibility for any

1. errors, mistakes, or inaccuracies in any communication/notification pursuant to your connection with this WhatsApp business account

2. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

3. any bugs, viruses, trojan horses, or the like which may be transmitted to or through our communication pursuant to this WhatsApp business account by any third party, and/or

4. any errors or omissions in any content in the communication pursuant to this WhatsApp business account or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available in this WhatsApp business account, whether based on warranty, contract, tort, or any other legal theory, and whether or not ZEEL is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

31. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between you and ZEEL.

32. ZEEL reserves the right to limit, deny or create Your connection with the WhatsApp business account or to change any of the feature or introduce new feature without prior notice.

33. If any fraudulent incident happens to You, while connecting with this WhatsApp business account including but not limited to while providing Your views and/or remarks in a manner as desired by ZEEL on such WhatsApp business account and for which You faces any loss/ injury/ mental disturbance, ZEEL and/or Channel shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise.

34. You hereby indemnify and hold harmless ZEEL and its affiliates, and their affiliates, their respective employees, officers, assignees, representatives and agents from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of breach of : (i) any terms and conditions mentioned herein;

(ii) applicable laws in relation to this WhatsApp business account;

(iii) ZEEL’s intellectual property rights.

35. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, ZEEL may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse ZEEL for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

36. You hereby declare and confirm that You are a real person in existence and not a computer programme.

37. ZEEL and/or Channel does not and shall not subscribe for any claims / disputes / confirmation / responsibility in respect of the WhatsApp business account including these terms and conditions and any breach thereof.

38. ZEEL nor any of its affiliates or group companies shall be liable for any damage or loss (including but not limited to indirect or consequential loss) arising from personal injury or death, or loss of, or damage to property, which is suffered or sustained in connection with the WhatsApp business account.

39. a. Any personal information gathered pursuant to Your usage of this WhatsApp business account shall be subject to ZEEL’s personal data privacy policy and website privacy policy, available at http:// https://zeemarathi.zee5.com/tnc/ (“Privacy Policy”). You are advised to click on the link for perusal and acceptance of our Privacy Policy.

b. This WhatsApp business account shall be subject to and governed by these terms and conditions, as stated herein. By connection with the WhatsApp business account, You agree to be bound by these Terms and Conditions and represent that You have satisfied all the eligibility requirements as set out herein.

c. ZEEL and/or the Channel reserves the right at all time to discontinue or modify any of these terms and conditions as may be deemed necessary or desirable without prior notification to You. If ZEEL and/or Channel makes changes to these terms and conditions and You continue to connect with the WhatsApp business account, then it will be presumed that You impliedly agree and accept to the revised terms and conditions expressed herein. Any such changes, deletions or modification shall be effective immediately upon ZEEL’s posting thereof. You further undertake the sole responsibility to visit the revised Terms and Conditions and the Privacy Policy from time to time in order to be informed of its latest version.

d.  You agree and confirm that You have voluntarily connected with the WhatsApp business account Campaign and assure ZEEL of Your unconditional acceptance to comply with and abide by the Terms and Conditions. If You are not agreeing to be bound or cannot comply with any of the Terms and Conditions, please do not continue to connect with this WhatsApp business account.

e. By connecting with this WhatsApp business account, it is deemed that the You have voluntarily read, understood, accepted, agreed and consented to irrevocably, unconditionally abide by and be bound by these terms and conditions and to the Privacy Policy_https://zeemarathi.zee5.com/tnc/ and https://zeemarathi.zee5.com/pp/ without coercion or any undue influence on the part of ZEEL.

f.  If You are found to be ineligible, or if You have not complied with any of the Terms and Conditions, Your WhatsApp business account will be blocked at the sole discretion of ZEEL and such decision shall be final and binding on You.

40. In case of any conflict between these Terms and Conditions and the Privacy Policy, the Terms and Conditions shall prevail over the Privacy Policy to the extent of such conflict.

41. You expressly agree that by connecting with this WhatsApp business account, ZEEL and/ or its affiliates/ agents/ advisors or sub-contractors further can use Your personal, sensitive collected information, in any media or future promotional, publicity and marketing material, without any further consent, reference, payment or other compensation to You, subject to applicable privacy and data protection laws.

42. ZEEL and/or Channel shall have the right to share Your personal information to any governmental or regulatory bodies if required by law, rule or statute and in response to a valid order of a court or authorized agency of the government or other legal process.

43. ZEEL takes appropriate technical and organizational measures to protect the personal information provided by You against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, ZEEL cannot guarantee the security of any personal information or data which You discloses. In any event, You agree not to hold ZEEL responsible for any breach of security, except in case of negligence or wilful default on the part of ZEEL under the relevant legislation.

44. Using of false names/ identities, illegal/false mobile numbers, and/or any other illegal means while connecting with this WhatsApp business account shall be considered as suppression of facts and if ZEEL has to suffer of any adverse consequence in this respect, You will be penalised for the same in a manner as ZEEL may deem fit.

45. You found indulging in any malpractices such as cheating, misrepresentation, providing false information shall be disqualified and debarred from connecting with this WhatsApp business account and strict legal action may be taken by ZEEL against You.

46. ZEEL at its sole discretion reserves the right to modify these terms and conditions relating to the WhatsApp business account from time to time and/or suspend, shorten, modify, extend or cancel the same without prior notice, without stating any reason and no claim in this regard shall be entertained. It shall be the sole responsibility of You to check these Terms and Conditions of the WhatsApp business account available at http:// https://zeemarathi.zee5.com/tnc/ as well as the Privacy Policy https://zeemarathi.zee5.com/pp/ ZEEL can cancel the entire WhatsApp business account at its sole discretion and no claim shall be entertained pertaining to the WhatsApp business account.

47. All disputes arising out of or related to this WhatsApp business account shall be subject to the exclusive jurisdiction of courts at Mumbai alone and subject to the laws of India only.

48. You will indemnify and hold ZEEL harmless, its group companies, affiliates and subsidiaries and their respective officers, directors and employees, against any loss that may occur to them due to non-adherence of these terms and conditions of the WhatsApp business account.

49. Unless otherwise expressly stated, copyright, database right or similar rights in all material in relation to the WhatsApp business account (including graphical images, text, video clips, demographics, sounds, demos, patches and other files) is owned, controlled or licensed by ZEEL or its affiliates and is protected or covered by copyright, trademark, intellectual property law and other proprietary rights. You acknowledge that You do not acquire any ownership right by connecting with this WhatsApp business account. Unless with prior permission, no part of the WhatsApp business account may be reproduced or transmitted to or stored in any other website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.

50. All rights, not otherwise claimed under this agreement are hereby reserved. As a condition of the connection with the said WhatsApp business account, You warrant that You will not connect with the WhatsApp business account for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this terms and conditions (both specific and implied).

51. You hereby acknowledge that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of India, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.

52. You hereby irrevocably agree to maintain confidentiality in respect of the Terms and Conditions of this WhatsApp business account; and agree to make no public press announcements or share any information relating to the Terms and Conditions for publication without the explicit approval of ZEEL.
53. You hereby acknowledge that your representations, warranties, indemnities and obligations as well as the confidentiality provisions shall survive the efflux of time and the termination of these Terms and Conditions.
54. You shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums in relation to this WhatsApp business account or otherwise which may bring ZEEL into public disrepute.

55. The decision of ZEEL on all matters, queries or disputes, concerning the WhatsApp business account and these terms and conditions shall be final and binding and no correspondence shall be entertained in this regard.

56. By using this WhatsApp business account, You acknowledge and agree to these terms and conditions contained herein and all related terms and conditions governing the WhatsApp business account. You agree and acknowledge that You are aware that Your personal information is collected and stored by the Channel and/or ZEEL and the same will be used for purpose to reach out to viewers of Zee Marathi, upcoming contests, promotional activities, campaign(s), survey(s), poll(s), etc., conducted on behalf of ZEEL and/or Channel. You confirm that You hereby give Your consent/permission/approval/No objection to ZEEL/Channel to retain and use Your personal information for the above purposes and if at any time You do not want the Channel and/or ZEEL to retain and/or use the Your personal information, You must send a written communication to the Channel and/or ZEE at hizeemarathi@zee.com to delete and destroy the personal information from date of such communication.

57. The duration and other rules/regulations of the WhatsApp business campaign shall be subject to modification at the discretion of ZEEL only.

58. If You have any question about this WhatsApp business account, please contact us through our official email hizeemarathi@zee.com

CONSENT FOR PROCURING PERSONAL INFORMATION

In relation to connecting with the WhatsApp business account launched by ZEEL, You hereby provide your consent/permission/approval/No objection to ZEEL and/or Channel for collection, storage, use, transfer and retention of your personal information and sensitive personal data or information as defined under the Information Technology Act, 2000 and the rules and regulations promulgated thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time (collectively, “Personal Information”), which Personal Information is subject to: the ZEEL’s personal data privacy policy and website privacy policy, available https://zeemarathi.zee5.com/pp/ (“Privacy Policy”), which you have read and understood. Additionally, you agree and accept to, and understand these terms and conditions as set out herein;

(a) Your Personal Information (including but not limited to your mobile number, display picture in WhatsApp, bio, name, age, citizenship and residence the contents of your Entry) is being collected by ZEEL and/or Channel pursuant to these Terms and Conditions available on the corporate website of ZEEL https://zeemarathi.zee5.com/tnc/, in relation to the connection with this WhatsApp business account and in order to confirm your willingness to participation in this campaign.

In relation to your connection with this WhatsApp business account to be driven by Zee Marathi channel and the official social media handles of Us, You hereby also agree that it is necessary for ZEEL and/or Channel to collect the Personal Information in connection with your participation in the Campaign and/or connection with this WhatsApp business account and for the uses set herein.

(b) Your Personal Information will be collected, retained and used by ZEEL only for the WhatsApp business account for any shows, events, ground events and contests and for promotional activities and/or for any other purposes to be decided by ZEEL as it may think fit and proper.

(c) Your Personal Information may be used by ZEEL and/or the Channel, in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of any campaign on ZEEL’s network and for any other reason in relation and incidental thereto.

(d) ZEEL has informed You of Your rights to:

(i) review your Personal Information for deficiencies and inaccuracies, and request ZEEL to amend the Personal Information, to the extent deemed feasible by ZEEL; and

(ii) withdraw the consent provided hereunder by sending a written communication to the Channel and/or ZEE at hizeemarathi@zee.com

Provided that ZEEL shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, ZEEL shall be entitled to suspend/cancel/debarred/blocked/terminate your WhatsApp business account, as deemed fit and necessary by ZEEL and/or Channel at its sole discretion.

(e) All your Personal Information is true, correct and complete in all respects and in no circumstances, will ZEEL and/or Channel be liable for either the authenticity of such Personal Information shared by You/obtained by ZEEL and/or or any inaccuracies or deficiencies in your Personal Information.