Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
1. SimplySouth.tv and/or Simply South App (hereinafter referred to as or “Service” or “Website/Application”) is developed and operated by Home Screen Entertainment FZE, having registration number 11028/2017 its office at Fujairah Creative Tower, Fujairah, UAE.
2. By subscribing to or using Service, you agree that you have read, understood, and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not agree to the Terms, you must not subscribe to or use our Services.
3. To access and view the Service, you must be at least 18 years old, or the age of majority in your province, territory, or country; minors may only use the Service under the supervision of an adult.
5. In these Terms, references to:
1. ”user” or ”you” or ”your” shall mean the user availing the Content/Services of Home Screen Entertainment FZE.
2. "we", "us" and "our" shall mean Home Screen Entertainment FZE, its franchisees, affiliates or partners/licensee.
3. “Content”, shall mean any digital content or links availed via the service, as a licensee, Content owner or creator or acquirer of the content.
4. “User” shall mean any person using the Content/Services listed in the Service.
2. Services Offered:
1.SimplySouth.tv and/or Simply South App, is a Digital platform that allows you to browse, search, access, stream and/or view online or offline, including but not limited to: (a) serials, programs; (b) cinematographic films; (c) audio and audio-visual songs; (d) trailers; (e) photographs; (f) synopsis of serials, programs, and cinematographic films (collectively referred to as “Content”);
2. SimplySouth.tv and/or Simply South App, is a platform that allows you to share your reviews and comments on the Content on third party social media platforms and share links to our Content on third party social media platforms. We personalize content and features as part of the Services, including showing you recommendations on Digital Content, features, and services that might be of interest to you.
3. In relation to any content or material that you may post, upload, transmit or store using SimplySouth.tv and/or Simply South App, we reserve the right, at our sole discretion, to reject, remove, at any time without being obliged to provide any reasons. We reserve the right to, at all times, monitor your use of the Service to ensure compliance with these terms and conditions.
3. Application System Requirements:
1. In order to use the Service/Content, you are required to have compatible internet access and the necessary minimum specifications.
2. The version of the Application software may be upgraded from time to time to add support for new functions and Services.
4. User Account:
1. The user may be required to create his/ her own user ID and Password in order to register and/ or use the services/Content. By accepting these Terms, the user agrees that his/ her user ID and Password are very important pieces of information and it shall be the user’s own responsibility to keep them secure and confidential. In furtherance hereof, the user agrees to;
1. Choose a new password, whenever required for security reasons.
2. Keep user ID & Password strictly confidential.
3. Be responsible for any transactions made by the user under such user ID and Password.
2. We may verify at the time of the creation of the user account, including but not limited to a phone number, email address, payment details, credit card details, etc.
5. User’s Obligation:
1. It is the user’s duty to verify the Content/Services provided, before buying such Content. Home Screen Entertainment FZE shall not guarantee or warrant the Content/Services provided for suitability for any purpose or viewing.
2. The user will not allow third parties on their behalf to (i) make and distribute copies of the Service/Content (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service/Content; or (iii) create derivative works of the Service/Content of any kind whatsoever.
3. The Service/Content wherever made available to you, free of charge or not, is for your personal, non-commercial use. We reserve the right to amend or withdraw the Service/Content or charge for the Service/Content provided to you in accordance with these terms, at any time and for any reason.
4. You acknowledge that the terms of agreement with your respective network provider (‘Service Provider’) will continue to apply when using the Content/Services. As a result, you may be charged by the Service Provider for access to network connection services for the duration of the connection while accessing the Service/Content or any such third party charges as may arise. You accept responsibility for any such charges that arise.
5. Users are advised to independently verify the bona fides of any particular Service/Content that you choose to deal with via our Service and use your best judgment on that behalf.
6. Subscription and Payment:
1. We do not charge any fee for browsing on the Service or viewing content made available free, which may be run along with the advertisement.
2. Certain content made available by us can be availed only by registered users under a subscription model ("Subscription User"). You need to register yourself on the Site to avail these services on a subscription model ("Subscription"). To become a Subscription User, you may be required to provide certain personal information to us and may be required to make payments ("Subscription Fee") as per the applicable membership plan through a debit card, credit card, internet banking or through e- prepaid wallet or other payment method accepted by us ("Payment Method(s)") that you opt for during registration. We at our sole discretion use third party payment gateways, service providers, contractors, etc. to process, facilitate and collect the payment of your Subscription Fee to us. On successful registration to the Subscription, we will intimate you of the same. We may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary. We shall have the discretion to make certain Content that is a part of the Subscription available to you on more than one user Compatible System or Device concurrently. We may change our Subscription plans and the price of our Service from time to time; however, any price changes or changes to our Subscription plans will apply to you no earlier than 7 days following notice to you.
3. We reserve the right to change any Content/Service from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing Service/Content offered on the Website/Application. In such events we reserve the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Content/Service shall be posted on the Website/Application and such changes shall automatically become effective immediately after being posted on the Website/Application.
7. Information/Data: You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
1. belongs to another person and to which You do not have any right to. This shall not include any information that is available in the public domain;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, relating to terrorism or extremism of any sort, propagates anti-government sentiments or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to the indecent representation of women, racism or violation of any nature whatsoever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
5. violates any law for the time being in force.
8. Communication: You will be required to provide a valid phone number and Email ID at the time of using the Service/Content. By registering your phone number and Email ID with us, you consent to be contacted by us via phone calls and/or SMS and /or email notifications, in case of any service related updates.
1. The user warrants and represents that all details and information provided to the Website/Application by you are true and accurate and are not false, misleading or deceptive and the information contained on the Website/Application will be kept accurate and up to date and compliant with these terms and conditions.
2. We do not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users.
11. Complaints, Refund, and Cancellation Policy:
1. All payments shall be made using/vide the Website/Application. In case the Content purchased is not available, you have to raise a complaint within 2 days post the delivery of the Content.
2. On verification or if we suspect any fraudulent transaction by any user or any transaction which defies the terms & conditions of using the Service/Content, we at our sole discretion could cancel such services, listing, Third Party Service Provider.
3. We will maintain a list of all fraudulent transactions of the user and would deny access to them or cancel any transaction placed by them. We reserve the right to take the final decision.
4. You can cancel your Subscription at any time, and you will continue to have access to the service through the end of your 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 Subscription periods or unwatched content. If you cancel your Subscription, your account will automatically close at the end of your current billing period. If you signed up for Service using your account with a third party Payment Method and wish to cancel your Subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Subscription through that third party. You may also find billing information about your Subscription by visiting your account with the applicable third party.
5. We assume no responsibility, and shall not be liable for any delay in processing the funds by bank(s) or any legal authority after the payments have been released by us. If any complaint or request for refund (for cause or no cause) is received within 7 days post the delivery of the service, we shall review the complaint and request for any additional information that might be required from the user.
6. We, on scrutinizing the complaint in the light of the above-mentioned comments shall then transfer the funds back to the user. Our decision in this regard shall be final.
7. We shall in no way be responsible for any contracts, payments and transactions not done through the Website/Application.
12. Reviews, ratings & comments by users:
1. You are solely responsible for the content of any transmissions you make to the Service or any transmissions you make through any mediums offered by the Service and any materials you add to the Service or add through any mediums offered by the Service, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you (the "Communications"). We do not endorse or accept any of your Communication as representative of our views. By transmitting any public Communication to the Service, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
2. You confirm and warrant that you have the right to grant these rights to us. You hereby waive and grant us all rights including intellectual property rights and also "moral rights" in your Communications, posted at our Service through any of the mediums of the Service. We are free to use all your Communications as per its requirements from time to time. The reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also we reserve the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
3. We have the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments.
4. We reserve the right not to upload or distribute to, or otherwise publish through the Service or Forums any Communication which is (a) obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive; (b) constitutes or contains false or misleading indications of origin or statements of fact; (c) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party; (d) causes injury of any kind to any person or entity; (e)infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party; (f)violates any applicable laws, rules, or regulations; (g)contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) impersonates another person or entity, or that collects or uses any information about visitors.
5. It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then we reserve the right to take appropriate legal action against you. Further, you shall indemnify and protect us against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments. We take no responsibility and assume no liability for any content posted by you or any third party using the Service.
6. You further acknowledge that conduct prohibited in connection with your use of the Service includes, but is not limited to, breaching or attempting to breach the security of the Service.
1. We have made this Service available to the user as a matter of convenience. We expressly disclaim any claim or liability arising out of the provision of this Service. The user agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that we reserve the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
2. We shall not be liable for any inaccuracy, error or delay in, or omission of (a) any Content, or (b) the transmission or delivery of any such Content; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such Content. Under no circumstances shall the Home Screen Entertainment FZE, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of Content or arising from suspension or termination of the Content/Services, even if we are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the site.
3. We assume no liability whatsoever for any monetary or other damage suffered by the user on account of the delay, failure, interruption, or corruption of any Content or other information transmitted in connection with use of the Services in connection thereto.
4. The user understands and agrees that any material and/or Content downloaded or otherwise obtained through use of the service or website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of Content that results from the download of such material or Content. In no event shall the our total cumulative liability to the user for any and all claims relating to or arising out of user’s use of the services or the platform or subscription, regardless of the form of action, exceed (a) the total amount of fees, if any, that you paid to utilize the platform or the services in the last twelve (12) months or (b) the specific subscription whichever is lesser.
5. The user agrees that we or any of our employees will not be held liable by the user for any loss or damages arising from your use of, or reliance upon the information contained on the Website/Application, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond our reasonable control.
14. International Use: We are based in UAE. Our goal is to bring to you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where we do not have rights or our services is prohibited. By browsing or using Service/Content, you hereby acknowledge that we are not responsible or liable in any manner to comply with any local laws of your territory except UAE with respect to Service/Content we provide. Further, you hereby agree that by usage of Service/Content, you undertake the responsibility and liability with respect to viewing the our Content in your territory.
15. Indemnity: The user agrees to defend, indemnify and hold harmless Home Screen Entertainment FZE, its employees, directors, officers, agents, representatives and their successors and assigns from and against any and all claims, liabilities, damages, losses, demands, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your access to and use of Service/Content, 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-fulfilment of any of your obligations under this Agreement 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 this Agreement.
16. Disclaimer: THE SERVICES ARE MADE AVAILABLE OR PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
17. Third Party Links, Products and Services: The Service may include links to third party Website's, advertisers, products, services, special offers, or other events or activities that are not controlled and maintained by us. Any link to such third party Websites is not an endorsement of such Website, advertisers, products, services, special offers, or other events or activities and you acknowledge and agree that we are not responsible for the content or availability of any such sites, products, services, special offers, etc. Any dealing or purchase is an independent contract between you and such third party(s).
18. Intellectual Property Rights:
1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, we own all Intellectual Property Rights to and into the Website/Application/Service, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website/Application belonging to us without obtaining authorization from Us.
2. We are not responsible for the content of any third party Websites/Applications and do not make any representations regarding the content or accuracy of material on such Website/Application. If you decide to link to any such third party websites, you do so entirely at your own risk.
3. With regards to any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service including but not limited to reviews, blogs, forums, etc. you expressly agree that by uploading and posting content on to the Website/Application, you accept public viewing and reproduction/use of your content by third party users, whereby you grant a non-exclusive license for the use of the same.
19. Term & Termination: We may suspend or terminate your use of the Website/Application or any Service/Content if we believe, in our sole and absolute discretion that you have breached any of the Terms. We may delete any content or other materials relating to your use of the Service and we will have no liability to you or any third party for doing so. You shall be liable to pay for any Service that you have already availed/ordered till the time of Termination by either party whatsoever.
20. Governing Law: The laws of UAE shall apply and courts in Dubai shall have jurisdiction in respect of all the terms, conditions, and disclaimers. We reserve the right to make changes to the Website/ Application/service and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/Application of Home Screen Entertainment FZE.
21. Arbitration: If any dispute arises between you and Home Screen Entertainment FZE during your use of the Website or Application or services, in connection with the validity, interpretation, implementation or alleged breach of any provision of this terms or any our policy or the documents they incorporate by reference, shall be settled by arbitration in accordance with the Rules of Arbitration and Conciliation Act, 1996 in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The seat, or legal place, of arbitration, shall be the United Arab Emirates. The language to be used in the arbitral proceedings shall be English.
1. Any waiver of any rights available to Home Screen Entertainment FZE under these terms shall not mean that those rights are automatically waived. All waivers, if any, must be in writing and signed by us.
2. The user agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that we have no control over such matters.
3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the user, we do not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of Content over the Internet.
4. We and Our affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of the information contained on the Website/ Application.
23. Customer Services: If you have any queries, please email us at email@example.com.