This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
BY REGISTERING ON OR OTHERWISE BY ACCESSING OR USING THE APPLICATION/ SERVICE IN ANY MANNER, YOU (a) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERTSOOD THESE ToU AND CONSENT TO BECOME A PARTY TO IT, (b) REPRESENT THAT YOU ARE IN COMPLIANCE WITH ALL REQUIREMENTS UNDER THIS ToU, AND (c) AGREE TO BE BOUND AND TO COMPLY WITH THIS ToU.
“Affiliates” means any entity that is controlling, controlled by, or is under the common control with that entity.
“Channels” means a third party branded channel on the Application through which user may access the Content available on the Channel.
“Contaminant” means a virus, worm, Trojan, time bomb, contaminant, or disabling or malicious code, files or programs.
“Content” means all audio or audio-visual content (including meta data) that is made available to users through the Application on the respective third party Channels.
“Participating Partners” means third party service providers available on the Application to provide Content/offers/deals/schemes/ services to the users.
My Galaxy (The Application)
The Application is a personalized service that may allow you to (a) browse, search, access and stream the all audio/ video content like news, shows etc. (collectively, "Digital Content") made available by Channels; and (b) , avail the offers/deals/schemes/ services provided by third party service providers (“Participating Partners”) subject to their terms and conditions. Some of the offers/deals/schemes/ services may be offered by Samsung while other may be made available by third parties affiliated / not affiliated with Samsung. You agree that Samsung is not responsible for any and all content, offers/deals/schemes/ services that originate from the source other than Samsung. All content, third party offers/ deals/ schemes/ services provided by the Participating Partners are provided on “As Is” basis and shall be subject to terms and conditions of such Participating Partners, without any recourse to Samsung.
All features and functionalities that Samsung provides as part of Application will be at Samsung’s discretion.
No public exhibition of the Content available on application is permitted, with or without consideration.
If you are under 18 years of age, or the age of majority in your location, you may use the Application only with involvement of a parent or guardian. We personalize content and features on the Application, including showing you recommendations on Digital Content, features and services that might be of interest to you.
The Application is available to you only in India as of now. You agree not to use or attempt to use the Application from outside this location. Samsung may use technologies to verify your compliance. However Samsung will regularly update you regarding the change in permissible geography.
You Agree and Confirm
- You shall provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of the Application.
- You will not use the Application in a way that (a) is not for your personal and non-commercial use, (b) is meant to circumvent the use restrictions in place on the Application.
- You shall comply with all applicable laws, statutes, rules and regulations, which are applicable to your use of Application.
- That you shall access the services available on the Application and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through the Application.
You agree and confirm that you shall not use the Application for any of the following purposes:
- Disseminating any material which is grossly harmful, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner.
- Transmitting material that:
- show gratuitous displays of violence and abuse of humans and animals,
- Depicts sex, obscenity, pornography, pedophilia, is obscene and uses vulgar language, e.g. excessive swearing,
- encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice, .
- endorse or threatens physical harm
- any type of promotions and unnecessary references to smoking and drugs, threatens public health and safety, promotion of cigarettes or anyother tobacco products or consumption of intoxicant including alcohol and electronic nicotine delivery system and like products,
- any type of offensive references and discrimination towards humanity (e.g. racial, political, ethnic, religious, gender-based, sexuality-based or personal)
- any type of overtly political communication/political opinion
- any type of religious or occultism content, imagery or symbols
- any form of illegal activity or their promotions (e.g. how to build a bomb, stealing, Robbing hacking, freaking, software piracy)
- any type of illegal substance or activity sites with illegal, false or deceptive investment advice and money-making opportunities.
- harms minor in any way
- infringes any trademark, patent, copyright or other proprietary rights
- impersonates another person
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence, or is insulting anyother nation.
- Gaining unauthorized access to other computer systems.
- Breaching any applicable laws, rules or regulations.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.
- Do not access services using a method other than the interface and the instructions that we provide.
Using the Application does not give you ownership of any intellectual property rights in our Application or the content you access. These terms do not grant you the right to use any branding or logos used in our services. Don’t remove, obscure, or alter any legal notices displayed in or along with our service.
In connection with your use of the services, we may send you service announcements, administrative messages, and other information.
Account and Registration Obligations
In consideration of your use of the Application , you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Application’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof). You undertake to indemnify and keep indemnified Samsung and its affiliates for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.
Your Login Profile
You need to register with information such as mobile number, date of birth, gender, email ID , location etc. which may be sharable to third parties basis user consent. Please note that the One Time Password (“OTP”) generated by you (if any) for accessing the Application should not be shared by you with anyone else at any time.
If you have a compatible device, We may do an auto verification to check authenticity and veracity of the login details and the user, or, there will be an auto generated OTP shared through a message, which you will have to use/ input while logging in on the Application. You may be charged by your operator as per the applicable rates.
Samsung may be required to take down certain media, Content or other materials or take down any Services, on the Application (or otherwise restrict access to them) for compliance with applicable laws, regulations, guidelines, and rules, and for commercial reasons. Accordingly, Samsung reserves the right to remove any such Content/ Channel/ Services or put in place any number and manner of restrictions on the access or use. You will have no claims whatsoever against Samsung for placing such restrictions with or without notice. If you have any grievance or complaint regarding any Content/ Channel/ Service, you may notify or may make complaint in this regard to Samsung, by emailing at email@example.com
Data and information
You hereby authorize Samsung and consent to Samsung’s collection, storage and use of any information and data related to or derived from your use of Application and any information or data that you provide to Samsung. Samsung reserves the right to use such data and information for marketing, business development, evaluation and service – enhancement purposes. Samsung shall also be entitled to reproduce, use and provide data and information to its Affiliates, Participating Partners, subcontracts, agents and licensors without any restriction.
Your data and information shall at all times be collected, used, processed, stored and protected as per Applications Privacy Notice. To know more click here.
Samsung may insert identifiers in the metadata that accompanies the Content/ Services and that uniquely identifies your account on the Application. These unique identifiers may include a random number that we may assign to you.
The Application displays interest-based advertising using information you make available to us when you interact with us or with our Participating Partners. Interest-based ads, also sometimes referred to as personalised or targeted ads, are displayed to you based on information from activities on the Application. For serving the Ads we have incorporated the SDKs of Facebook audience network and Google Admob. To know more about terms of serving ads, visit https://adespresso.com/blog/facebook-audience-network/ and https://www.termsfeed.com/blog/privacy-policy-admob/. Samsung does not take responsibility of any third party advertising materials, and will not be liable for any of your actions or purchases or losses that you may suffer in relation to or as a result of any such advertising.
We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalised ad or content are part of the group that the ad or content is directed towards (for example, users in northern India who bought or browsed for classical music). Also, some third-parties may provide us information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that we may use to provide you more relevant and useful advertising.
When you visit the Application or send email(s) to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you through email/ SMS/ Call. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements.
On registering on the Application, you agree that we may use your registered mobile number on the Application to send transaction related SMS to you. You also grant us permission that we may send you any transaction related SMS irrespective of having Do not Disturb (DND) services activated on your mobile.
Third Party Sites
Application may include links to other sites on the internet that are owned and operated by independent third parties. You acknowledge that these third party sites are beyond our control and Samsung will not be responsible for those third party sites. Your use of those third party sites is at your own risk, and is subject to the terms and conditions of those sites.
You are prohibited from violating or attempting to violate the security of the Application, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with the Application to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing”; (d) sending unsolicited email, including promotions and/or advertising of offers/deals/schemes or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Samsung will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Application or any activity being conducted on the Application. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Application.
Our Warranties and Disclaimers
We have taken every care in the preparation of the content of the Application. We disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials of the Application. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials of the Application.
WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT /OFFERS/DEALS/SCHEMES/ SERVICES, THEIR SPECIFIC FUNCTIONS, OR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ONLY CONNECT AND HIGHLIGHT THE CONTENT/ OFFERS/DEALS/SCHEMES/ SERVICES ON “AS IS” BASIS ONLY AS GIVEN BY THE PARTICIPATING PARTNERS. SAMSUNG DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY, AND DISCLAIMS ALL REPRESENTATION OR WARRANTY (EXPRESS, IMPLIED OR STATUTORY) AND ALL RESPONSIBIITY AND LIABILITY REGARDING THE CONTENT/ OFFERS/DEALS/SCHEMES/ SERVICES INCLUDING WITHOUT LIMITATION, THEIR (A) QUALITY, SUBSTANCE, ACCURACY, RELIABILITY, APPROPRIATENESS OR ANY OTHER STANDARDS, (B) COMPLIANCE TO WITH APPLICABLE LAWS, RULES, REGULATIONS AND GUIDELINES, OR (C) TITLE OR NON-INFRINGEMENT OF ANY PARTY’S RIGHTS. SAMSUYNG HAS NO LIABILITY FOR ANY CONTENT YOU FIND TO BE OFFENSIVE, INDECENT, OBJECTIONABLE, SLANDEROUS OR LIBELOUS.
YOU UNDERSTAND AND AGREE THAT THE APPLICATION ENABLES THE USERS TO ACCESS THE DIGITAL CONTENT AND THAT SAMSUNG HAS NO CONTROL OR RIGHT OVER THE CREATION OR SUBSTANCE OF THE DIGITAL CONTENT. ALL DIGITAL CONTENT IS PROVIDED AND CONTROLLED BY THE RESPECTIVE PARTICIPATING PARTNERS. YOU ACKNOWLEDGE THAT SAMSUNG MAY NOT AND IS NOT REQUIRED TO SCREEN, CENSOR OR EDIT ANY PORTION OF THE CONTENT.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
You agree to defend, indemnify and hold us and our employees, directors, officers, agents and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these ToU.
Limitation of Liability
WE WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION OR FOR ANY TECHNICAL PROBLEMS YOU MAY EXPERIENCE WHILE ACCESSING THE APPLICATION. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TOU. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, ITS SERVICES OR THESE TOU. WE, OUR ASSOCIATES AND TECHNOLOGY PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, RELEVANCE AND/OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE APPLICATION OR THAT THE OPERATION OF THE APPLICATION WILL BE ERROR FREE AND/OR UNINTERRUPTED AND/OR FREE OF HARMFUL COMPONENTS OR THAT ANY OF THE CONTENT/OFFERS/DEALS/SCHEMES OR SERVICES OF THE CONTENTS OF THE APPLICATION, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF USAGE OF THE APPLICATION. CONSEQUENTLY, SAMSUNG ASSUMES NO LIABILITY WHATSOEVER FOR ANY MONETARY OR OTHER DAMAGE SUFFERED BY YOU ON ACCOUNT OF THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE APPLICATION; AND/OR ANY INTERRUPTION OR ERRORS IN THE OPERATION OF THE APPLICATION.
Modification of Terms & Conditions of Service
We may at any time modify the Terms of our the Application without any prior notification to you. You can access the latest version of the Terms at any given time on our the Application. You agree to regularly review the Terms on the Application. However, if you continue to use the Application you shall be deemed to have agreed to accept and abide by the modified Terms of this Application.
Termination And Survival of the Terms
Samsung has the right to terminate, suspend, modify or withdraw the Application anytime by giving a seven (7) days notice. Without limiting the foregoing, Samsung shall have the right to immediately terminate at any time your use of the Application, in the event of any conduct by you, which Samsung, in its sole discretion, considers to be unacceptable, or in breach of these ToU or for any other reasons whatsoever.
You may terminate these Terms at any time, provided that you discontinue any further use of the Application.
Governing Law and Jurisdiction
These Terms shall be construed in accord with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of these Terms.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by the Application, submitted or offered in connection with your use of the Application (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any comments or use of comments; or (3) to respond to any Comments. You agree that any Comments submitted by you on/ to the Application shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. You further agree that no Comments submitted by you on/ to thethe Application will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, bugs, worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on/ to the Application. You grant us the right to use the name that you submit in connection with any Comments. You undertake not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments that you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
If any part of these TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these TOU together with Privacy Notice shall constitute the entire agreement between you and Samsung with respect to the Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Application. In addition to these Terms, you will also be required to be bound by any additional terms and conditions that may be made applicable to you by participating partners, from time to time, in relation to the offers/deals/schemes and services offered. Our failure to act with respect to breach by you or others does not waive our right to act with respect to subsequent or similar breaches.