Terms & Conditions
The Terms and Conditions of use set forth herein apply to the website titled hungama.com which is owned, operated, licensed and controlled by Hungama and is covered and protected by all laws including but not limited to copyright and trademark laws of India. This website is for the purpose of providing digital content including sound recordings, video recordings, games and other entertainment applications. As a user and potential customer, we invite you to browse our website. Users are not permitted to reproduce, distribute, modify, display or make use of the contents of this website, except download material in temporary storage on one computer/mobile solely for your personal and non-commercial use. Any unauthorized use of the services and content may violate copyright laws, trade mark laws as well as the laws of privacy and Hungama is not responsible for the same. 'Unauthorized use' shall mean and include any usage of the digital content provided on this website not in conformity with the rights granted with respect to the same. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
You agree to provide Hungama with accurate, complete and updated registration information. If you do not provide Hungama with accurate, complete and updated registration information, you are not authorized to use the service and your account may be terminated immediately. You further agree that, in providing such registration information, you will not knowingly or otherwise omit or misrepresent any material facts or information and that you will promptly enter correct and/or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize Hungama to verify your Registration Data as may be required for your use of and access to the Service, as applicable.
Shall mean the Sound Recordings and accompanying Video Recordings of Music Labels or TV Shows, or any other content the rights for which has been acquired by Hungama from various partners and Music Labels and is displayed on the Hungama website.
Mobile Devices are devices which have telephony capability, either inbuilt or by in conjunction with any device or software which allows it to have a telephony usage, accessed by wires or wireless which includes but is not limited to GSM, CDMA, WiFi, WiMax, TCP/IP, Internet or any other protocol, service or format, either existing at present or which may be invented in the future.
Mobile Service Providers
Mobile Service Providers are entities who are in the business of providing telephony services to their consumers, either via wires or wireless, landline or mobile, via GSM, CDMA or any protocol.
Refers to those users who pay for particular services only on "a la carte" basis i.e. paying for one or more service(s) without a package deal.
Shall mean an audio clip developed from and based on Source Content digitally encoded for use solely as the "Ring Tone" audio file that can be downloaded from the website and is ringing when you receive mobile call.
Refers and includes any and all application of contents to all users of website hungama.com
Shall mean the Sound Recordings and accompanying Video Recordings of Music Labels or any other content, wherein Hungama has the rights to commercially exploit the content on digital platforms.
Refers to any user who enrolls subscription for services covered under terms and conditions of End User License Agreement (EULA).
The duration of the validity of your accessibility to the website and the content, depends upon the plan you have subscribed and the payment you have made.
Shall mean all user/ consumers/ subscribers of Canada, India, Malaysia, U.A.E., U.K., & U.S.A.
Party / Parties
You and Hungama.com shall individually be referred to as "the Party" and collectively as "the Parties" unless otherwise stated.
The website hungama.com shall provide DRM-free file format for sampling and downloading media. The Services are provided to the subscriber as per the selected subscription plan depending on the payment of Subscription fee, subject to certain limitations as described herein. The subscribers are granted specified download rights of DRM-free media files from the catalog of website. You must have internet connection for accessing this website. It is essential that every user, subscriber or non-subscriber, must register with the terms of the website to use the services available through the website. You shall be required to enter certain Personal information which will be governed as per the rules of Hungama and must pay fees as per the option selected by you for receiving uninterrupted service during the term. To complete the enrolment process, you must fill the Service registration form provided on the website.
The Services includes
- On-demand streaming of full length tracks, audio/visual or certain other premium features
- Complete Movies
User account and Security
All Registered Users shall have user name and password. It shall be the sole responsibility of the Users to maintain the confidentiality and security of their Account. You should not reveal your Account information to anyone else or use anyone else's Account. Your User account and password are personal and should be kept confidential. You agree that you will not allow another person to use your user account to access and use the service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your user account and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. Hungama is not liable for any harm caused by or related to the theft of your IDs, your disclosure of your user account, or your authorization to allow another person to access and use the Service using your user account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service and you agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
Although Hungama will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Hungama or others due to such unauthorized use. In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services.
Free Service Facility
When you register as a User of the website, from time to time, Hungama.com might, initially allow you to have an option to avail one of the services of your choice, free of cost, as provided on the website. This is a free trial given to newly registered Users during which User can try out any one Service for free of cost for a limited period as may be prescribed for particular service. You may terminate your free service facility any time during the Free Service Facility Period for which you will not have any financial obligation with respect to the usage. Before expiry of the said Free Service Facility period, you shall be given an option to discontinue or continue the services on Website. If you chose to continue, you will have to pay for the services as per your selection from the options provided on the website. The Free Service Facility will expire any time after midnight on the last day of the Free Service Facility. If you subscribe to a Service after you have already received a Free Service Facility on such Service, you will have to pay immediately upon registration. Free service is also limited to one per credit card. Should two customers use the same credit card to subscribe to website services, only the first customer is eligible to receive a Free Service Facility.
Fee & Payments
The Price List for each service is displayed on website representing the full retail price listed for each service. You shall pay for the Service that you chose from the options given on the website. The Price List mentions the prices of each service in each country denoted in their respective currency and the User shall pay in the currency of their country.
Hungama's online portal will allow the user to BUY the content available using the following forms of payments; Hungama may withdraw any of the following payment option at its sole discretion.
- Internet Banking (for Indian customers only)
- Debit Cards
- Prepaid Cards (for Indian customers only)
You shall make timely payment of all fees for the services through our Payment gateway. If you want to designate a different payment card or if there is a change in your payment mode or account status, you must inform online to Hungama. You must provide the Hungama website with the aforesaid information at least seven (7) days prior to such change being applicable to avoid temporary disruption or delay in the Service until the website authorities verify the validity of the new payment card or mode other than the Unlimited Downloads pack, for which the user will have to make a transaction on the website.
Hungama reserves right to change the prices of the products and services and the availability of Services at its sole discretion.
Payment made by credit card or any other mode as mentioned above should be received by Hungama on time. If for any reason Hungama does not receive payment from the credit card issuer or any agent involved in any of the above payment modes, you agree that you shall pay all amounts due upon demand by Hungama.
Hungama is not responsible for your delay in making payment to Hungama and hence in the event your account is deactivated if there are unpaid dues from you, Hungama is not responsible and you may have to re-register as User on the website.
Intellectual Property Rights
It is hereby specifically recorded that the content available through the Service is the sole and exclusive property of Hungama or its Licensors and is protected by copyright and other intellectual property laws. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and all those special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. All those intellectual property rights arising as a result of domain names, internet or any other form of an electronic/technological law shall also vest in the domain of Hungama. The Parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and control of Hungama.
Your request to license a track by downloading is personal to you, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. License to downloaded tracks include only those rights explicitly stated in the Service (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, do not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner.
You shall promptly notify Hungama in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or Hungama's patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
Reviews, Comments, Communications, and Other Content
You grant Hungama permission to send you mailers/ messages on a regular basis for the purposes of promotions and information related to the website. This can be done across all platforms including but not limited to web and wap.
You may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, offensive to any caste, class, community or individual, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Hungama reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Hungama a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hungama and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hungama for all claims resulting from content you supply. Hungama takes no responsibility and assumes no liability for any content posted by you or any third party.
You are solely responsible for the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, movies, interactive features and the like ("Content") that you post on the Hungama Website, and any material or information that you transmit to other Members and for your interactions with other Users. Hungama does not endorse and has no control over the Content. Content is not necessarily reviewed by Hungama prior to posting and does not necessarily reflect the opinions or policies of Hungama. Hungama makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
KINDLY NOTE THAT HUNGAMA PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the Hungama Website and that you provide to other Users. Your Hungama profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Hungama assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by Hungama by any person, please contact Hungama.com Privacy Coordinator.
If you violate, breach or fail to comply with any clause of this Agreement, we may terminate this Agreement or restrict or suspend or terminate your use of the Services immediately and without notice. You may terminate this Service by ceasing to use the Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Your determination of the Service shall lead to cessation of your access to the Service. However, you cannot escape your liabilities and obligations to pay accrued charges, if any, till date of termination of service reflecting as unpaid in your account.
We reserve the right to terminate your use of the Service, without cause, upon reasonable notice. In case such termination occurs in the middle of your subscription period and you have not exhausted the downloads permitted to you under the applicable payment plan, we shall refund to you the unutilized share of your prepaid subscription fee for the remaining unused downloads which shall be calculated on a pro-rata basis.
Coupon Code Terms & Condition
User using the Coupon Code in any manner shall be deemed to have read, understood and accepted these terms and conditions. Coupon Code carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. Coupon Code and unused portions of Coupon Code expire on the date listed on the voucher, where permissible under applicable law. The expiration date will be printed on the card. The Coupon Codes are only valid as payment towards a full price on or before the expiration date.
Gift Coupon Codes are issued from time to time in promotions at our discretion. Only one Gift eCoupon can be applied to any single order. Prepaid Coupon Codes are bought from our vendor or any other source by customer and can be combined with one or more prepaid eCoupons
Redemptions of eCoupons
- To use your Coupon Code you will be required to enter its unique code at the online checkout during the purchase process. This will also confirm your agreement to these terms and conditions.
- One or more Prepaid Coupon Code can be redeemed against an order and can be combined with one Gift Coupon Code.
- Any unused balance will be held in the recipient's Coupon Code and used at any time up to the expiry date of the voucher.
- However, if the order value exceeds the amount of the Coupon Code, the balance must be paid by credit or debit card or any other payment option available.
- If your chosen item is lower in price than the original amount, the balance will be held in Coupon Code for you to use against any future purchase. Please note that where a Coupon Code balance is held we will not refund any money.
Refund of eCoupon
Sometimes we have to cancel an order for reasons beyond our control, e.g. the weather or mechanical breakdown. Hungama will credit back the respective Coupon Code, based on the amount redeemed.
The Coupon Code are not refundable, if any reason Hungama believes that the Coupon Code was used by an unauthorized user or if Hungama.com is unable to verify the user. Under no circumstances Hungama.com's liability shall exceed giving the User a replacement Coupon Code of the same nature and of the same value.
Legal Restriction on eCoupon
When you use an eCoupon you warrant to Hungama that you are the duly authorised recipient of the eCoupon and that you are using it in good faith. The offer contained in the electronic communication ("Coupon Code") is made by Hungama.com and is open to targeted Hungama registered users ("Users") who are 18 years of age or older and/or are persons competent to contract. The minors and person incompetent to contract and any acceptance of offer and usage of Coupon Code by these persons shall be invalid and void. Coupon Codes are also not offered to, and shall not be used by, such Users who under any statutory obligations are prohibited to use Coupon Code. eCoupon is the property of Hungama and Hungama has the right to cancel the Coupon Code at will and at any time (including during the validity period of the E-Coupon) without giving any prior intimation to the User. The eCoupon is a privilege from Hungama.com and not a right or claim against Hungama.com.
Hungama is not responsible for any typographical error leading to an invalid coupon. Hungama does not guarantee that any one or more listings on Hungama or the desired listings of the Users would have Coupon Code as the payment option. Hungama is neither recommending you to purchase the specific item which you intend to purchase or actually purchase using Coupon Code nor Hungama is warranting or endorsing any product or services listed on Hungama. Hungama shall not be liable for any lost or stolen Coupon Code and Coupon Code once issued shall not be reissued. Hungama makes no representation or warranties of any kind regarding any product or service provided by any third party in connection with any Coupon Code and shall not be responsible for any costs, damages, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of Coupon Code.
The right to use an Coupon Code is personal to the original recipient and may not be transferred, reproduced or , distributed or stored in a data retrieval system either directly or indirectly in any form or by any means for use by anyone other than the original recipient, without the prior written permission of Hungama. Hungama has the right to withdraw or cancel an Coupon Code for any reason at any time.
If you redeem, attempt to redeem or encourage the redemption of an Coupon Code to obtain benefit which you or a third party are not entitled to you may be committing a civil or criminal offence.
If we reasonably believe that any Coupon Code is being used unlawfully or illegally we may reject or cancel any Coupon Code and you will have no claim against us in respect of any rejection or cancellation. Hungama reserves the right to take any further action it deems appropriate in such instances.
All offers are subject to availability of items on Hungama. Hungama shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any Coupon Code or any failure or inability of a customer or household to use a discount voucher code for any reason.
The failure of Hungama to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. Hungama reserves its rights in respect of these terms and conditions at all times.
Technology Limitations and Modifications to Service
It is the duty and responsibility of Hungama to keep your account and the Service(s) operational. However, in case of any technical difficulties or for maintenance, if it results in temporary interruption, Hungama will make reasonable efforts to rectify the snag as early as possible.
If, for any technical reason and under unavoidable circumstances Hungama needs to discontinue, temporarily or permanently, functions and features of the Application and Service(s) with or without notice, or if any tracks in any particular catalog may no longer be available due to technical or contractual rights, Hungama reserves right to change and replace the tracks or albums or any other Content available at any time.
Under the said circumstances, Hungama shall not be liable for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services as the same may be treated as Force Majeure.
You also may not use, nor allow others to use, your account, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Hungama servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Hungama grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Hungama reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
As provided above, all information, technology and service provided shall, at all times, be on a "as is" and "as available" basis and hungama hereby states that any representation or warranty of any kind, express or implied, as to the application or its operation is not undertaken by hungama. To the maximum extent permitted by applicable law, hungama and its licensors, and its distribution and syndication partners, disclaim all warranties, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Hungama makes no warranty that the application will meet your requirements, or that the application shall be uninterrupted, timely, secure, or error free; nor does hungama make any warranty as to the results that may be obtained from the application or as to the accuracy or reliability of any content obtained through the application. Hungama makes no warranty regarding any goods or services purchased or obtained through the application or any transactions entered into through the application.
Content on this website may occasionally contain strong language (which may be unsuitable for children), unusual humor (which may be unsuitable for adults), nudity, violence, and imitable behavior etc. Viewers are requested to exercise discretion when listening to and / or viewing such content.
Limitation of Liability
In no event shall hungama or its licensors or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this subscription agreement or the use of or inability to use any service, even if hungama has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law. In no event shall we or any of our licensors be liable for any damages in excess of the amount paid for the application or the specific item of content giving rise to the applicable claim for direct damages.
You hereby agree to indemnify and hold Hungama, its agents, contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any loss suffered by Hungama as a result of a breach of the terms and conditions of this agreement by you and from any claim brought by third parties alleging that use of the Service by you or under your account has infringed any intellectual property or other right of any kind, or any applicable laws or regulation. You shall pay all costs, damages, awards, fees (including legal fees) and judgments awarded against Hungama arising from such claims, and shall provide Hungama with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
You hereby confirm that you shall abide to these Terms & Conditions and shall also abide to all the applicable laws of the land.
Any dispute arising out of the Terms, the Site, or the Services shall be governed by the laws of India without regard to its confirm of law provisions and the High Court of Mumbai, India shall have non-exclusive jurisdiction with respect thereto
No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference, including but not limited to the Hungama End User License Agreement) constitutes the complete and exclusive agreement between Hungama and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Hungama may change/modify/alter this Agreement at any time in its sole discretion. In case of material change only will be posted by issuance of notice at the email address on file for your account. If the said change/modification/alteration is unacceptable to you, you agree that your only recourse is to terminate your Use of the Service(s) as provided herein. Your continued use of any Service following our posting of a change of terms will constitute your voluntary acceptance of the change, until such time as you terminate your Usage.
The Terms herein are subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with statutory requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, shall be Governed by laws of India.
It is agreed that the rights herein are non-transferable. You shall therefore not assign/ transfer any of your rights under this Agreement and any attempt by you to do so shall be void-ab-initio and not enforceable.
This Agreement or any other communication in electronic form or printed shall be admissible in judicial or administrative proceedings as if produced in printed form.