Terms and Conditions – Kan Khajura Tesan
These Terms and Conditions ("Terms") govern your subscription to and use of the services ("Services") provided by Hindustan Unilever Limited ("Company") through the Kan Khajura Tesan platform ("Channel" or "Platform"). Please read the following Terms carefully, as they may affect your use of the Services. Please also note that these terms may be amended from time to time without notice to you.
"Company" shall mean and be deemed to include the Company's affiliates, agents, representatives, sub-contractors, licensors, licensees, assigns and any of the foregoing entities' respective resellers, distributors, service providers
The Company provides a Platform for you to listen to Hindi songs, radio jockey talks, jokes and other entertainment audio content with integrated promotional and advertising content, directly on your mobile phone. This Platform will be available to you for a charge per minute of use, as per your standard mobile call tariff plan. The Services are offered to you conditioned on your acceptance, without modification of the terms, conditions
Unless otherwise specified, the Platform and Services are intended solely for individuals aged 18 years or older. However, if you are under the age of 18 years, you should review these Terms with your parent or legal guardian to make sure that your parent or legal guardian understands and agrees to it on your behalf and further if required, you shall perform or undertake such activities which will entitle you to enter into a legally binding agreement with Company. Any access to or use of the Application by anyone under 18 years of age without parental consent is expressly prohibited. By accessing or using the Application or Services, you represent and warrant that you are aged 18 years of age or possess parental/legal guardian consent. Company reserves the right, at its own discretion, to limit or restrict certain parts of the Application or the Services to individuals below the age of 18 years.
These Terms are in effect from 15-12-2019 and shall remain in effect until the Company shall terminate, amend or modify them. The Company may amend, modify or terminate these Terms for all users
The content provided by HUL on the Platform shall primarily comprise Hindi songs along with RJ content ("Content") and some jokes. The Content shall be provided to you in the following manner:
1) In a calendar week, you can listen to 20 mins of fresh content (One Capsule /” Quota”). Upon the expiry of 20 minutes, additional content i.e. Capsule / Quota of the two preceding weeks will be available to you for your entertainment every time you call on 080 30000 123 for the additional 40 minutes. No additional content will be available for that calendar week. (The calendar week is understood to be Monday to Sunday.)
2) Capsule will be divided into 4 RJ Links,4 Songs and 4 pieces of general entertainment.
3) Standard per-minute call charges will be applicable as per your carrier’s mobile call tariff plan
4) Listeners giving a missed call on 1800 30000 123 will get a call back from 080 30000 123 which will be played for 0.48sec informing them about the new KKT platform and new KKT number. This call will not be charged and will get disconnected after the message is delivered. Listeners will also receive an SMS informing them of the new number
5) If a user calls back subsequently for the next two times on 180030000123, only an SMS will be sent informing them of the new number Any subsequent calls will not be responded to by the platform.
6)Any new user calling on 080 30000 123 will get an Welcome SMS, unsubscribe SMS and Brand SMS. The User may unsubscribe using this SMS.5. General Practices
You acknowledge that the Company may establish general practices and limits concerning use of the Content and storage or transmission thereof, including, without limitation, the maximum number of users or bandwidth, the maximum or minimum quality of any stream that may be sent from the Platform or received by you, and the maximum number of times (and the maximum duration for which) you may access the Platform in a given period of time. You agree that the Company does not have any responsibility or liability for the deletion or failure to store or transmit any Content and other communications or other Content maintained or transmitted by the Platform. You further agree that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
6. No unlawful or prohibited use
As a condition of your use of the Platform, you warrant to us that you will not use the Platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform. You agree not to use the Platform in any manner that infringes the intellectual property rights of the Company or any third party including but not limited to recording, saving, re-performing, downloading, or putting to commercial use such Content or any part thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.
7. Limitation of Liability
7.2 Moreover, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their reasonable control.
7.3 The Company will have no liability related to content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any Content.
7.4 We may terminate your further access to the Platform or delete Content in any way, at any time and for any or no reason.
9. Intellectual Property Rights
You acknowledge and agree that:
i. The Company has provided part of the Content on the Platform by way of being the true owner thereof. All intellectual property rights, interests
ii. The Company may have obtained and provided part of the Content on the Platform by way of an express license from a third party to use and distribute such Content and all IPR in relation thereto shall remain the exclusive property of such third party.
iii. The Company reserves the right to redesign or modify the organization, structure, and other elements of the Platform at any time. For the avoidance of doubt, at no time shall any rights, interests or title in any IPR pass to you.
10. Representations and Warranties
9.1 You here to represent and warrant to the Company that you have the power and authority to enter these Terms. You represent and warrant that subscription to or availing of the Services shall constitute an implied acceptance of these Terms and a legally valid and binding obligation upon you to abide by and observe the same.
9.2 The Content is provided "as is" and without warranties of any kind. To the fullest extent permissible by law, the Company disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility
9.3 You acknowledge and warrant that the Company does not have any control over the Content, availability, accuracy, security or any other aspect of any information, accessible or made available to you through the Platform, nor does the Company monitor the use of the Platform or Content by you, and except as provided herein, has no control over the your use of the Platform or Content.
9.4 The Company may, at its own discretion and for its causes, include within Platform or on the Channel any third-party content including advertisements. The Company does not warrant for such third-party content or availability thereof nor does it endorse it. The Company shall not be
9.5 You represent and warrant to the Company that you are above the age of 18 years. If not, you representant and warrant that your use of the Platform is with the consent of your parent or guardian, as the case may be.
Unilever takes privacy seriously. The following five principles underpin our approach to respecting your privacy:
a. We value the trust that you place in us by giving us your personal information. We will always use your personal information in a way that is fair and worthy of that trust.
b. You are entitled to clear information about how we use your personal information. We shall always be transparent with you about what information we collect, what we do with it, with whom we share it and whom you should contact if you have any concerns.
c. If you have any concerns about how we use your personal information, we will work with you to promptly resolve those concerns.
d. We will take all reasonable steps to protect your information from misuse and keep it secure.
e. We will comply with all applicable data protection laws and regulations and we will co-operate with data protection authorities. In the absence of data protection legislation, we will act in accordance with generally accepted principles governing data protection.
f. Disputes, if any, shall be subject to exclusive jurisdiction of courts in Mumbai.
i. Information collected by third party websites, platforms and/or applications (“Third Party Sites”) which we do not control;
ii. Information collected by Third Party Sites which you access via links on Unilever Sites; or
iii. Banners, sweepstakes and other advertisements or promotions on Third Party Sites that we may sponsor or participate in.
iv. These Third-Party Sites may have their own privacy policies and terms and conditions. We encourage you to read them before using those Third-Party Sites.
11.2 Your consent
· Unilever will not collect, use or disclose your personal information without your consent. In most cases, we will ask for your consent explicitly but, in some cases, we may infer consent from your actions and
· By participating in this activation, you also agree that in the future, Unilever, or its media agency can contact you, through phone or
· If you do not agree to the collection, use
· If we discover that we have collected information without consent from a parent or guardian where such consent should have been obtained, we will delete that information as soon as possible. Access to certain parts of the Unilever Sites and/or eligibility to receive prizes, samples or other rewards may be limited to users over a certain age. We may use your personal information to carry out age verification checks and enforce any such age restrictions.
11.4 What information we may collect?
i. Information you give us directly
iv. Email address
v. User name
vi. Telephone number
vii. Credit card or other payment information
ix. Date of birth
xi. User-generated content, posts and other content you submit to Unilever Sites
xii. Any other personal information you voluntarily provide to us
xiii. nformation we collect automatically when you use the Unilever Sites
xiv. Information about the type of browser you use
xv. Details of the web pages you have viewed
xvi. Your IP addresses
xvii. The hyperlinks you have clicked
xviii. Your user name, profile picture, gender, networks and any other information you choose to share when using Third Party Sites (such as when you use the "Like" functionality on Facebook or the +1 functionality on Google+)
xix. The websites you visited before arriving at a Unilever Site
xx. Information we collect from other sources
xxi. Your shopping habits
xxii. Preferences and information about your lifestyle such as your hobbies and interests
xxiii. Publicly available information such as user-generated content, blogs and postings, as permitted by law
11.5 How do we use your personal information?
We use your personal information to:
i. mprove our products and your experience on the Unilever Sites. Find out more.
ii. Evaluate the use of the Unilever Sites, products and services
iii. Analyse the effectiveness of our advertisements, competitions and promotions
iv. personalise your website experience, as well as to evaluate (anonymously and in the aggregate) statistics on website activity, such as what time you visited it, whether you've visited it before and what site referred you to
v. It makes the Unilever Sites easier to use and to better tailor the Unilever Sites and our products to your interests and needs
vi. Help speed up your future activities and experience on the Unilever Sites. For example, a site can recognise that you have provided your personal information and will not request the same information a second time
vii. Collect information about the device you are using to view the Unilever Site, such as your IP address or the type of Internet browser or operating system you are using, and link this to your personal information so as to ensure that the Unilever Sites present the best web experience for you
viii. To contact you regarding products and services which may be of interest to you, provided you have given us consent to do so or you have previously requested a product or service from us and the communication is relevant or related to that prior request and made within any timeframes established by applicable laws. Find out more.
ix. Suggest products or services (including those of relevant third parties) which we think may be of interest to you
x. Offer you the opportunity to take part in competitions or promotions
xi. You can opt out of receiving communications from us at any time. Any direct marketing communications that we send to you will provide you with the information and means necessary to opt out.
xii. To provide you with products or services that you request from us. Find out more.
xiii. For the purposes of competitions or promotions that you have entered
xiv. To send you information, products or samples that you have requested
xv. To respond to your queries or comments
11.6 Mobile Message Services
We may make available a service through which you can receive text or other types of messages from Unilever (such as short message service, or SMS, enhanced message service, or EMS, and multimedia message service, or MMS) on your wireless or mobile device ("Mobile Message Service"). If you subscribe to one of our Mobile Message Services, you agree to receive such messages from Unilever at the address or mobile number you provide for that purpose (unless and until you have elected to opt out of receiving such messages by following the instructions in the Your privacy rights and who to contact section below). You understand that your wireless carrier's standard rates apply to these
11.7 Who do we share your personal information with?
· As a general rule, we do not share your personal information with anyone outside of the Unilever Group. However, we may share your personal information with trusted third parties.
· Our advertising, marketing
· Third parties required to deliver a product or service to you, such as a delivery or postal service delivering a product that you have ordered
· Law enforcement or government authorities where they have followed due legal process to request us to disclose the information
· Third parties who wish to send you information about their products and services, but only if you have given us consent to do so
· Third party providers of services, such as data processing, to Unilever
· Web analytics tool providers, such as Google or Unica
· We may also share your personal information with companies,
o Conduct investigations into possible breaches of applicable laws
o Detect, prevent and protect against fraud and any technical or security vulnerabilities
o Comply with applicable laws and regulations, co-operate in any legal investigation and meet enforceable governmental requests
11.8 Transferring your personal information
11.9 Safeguarding your personal information
· We take all reasonable precautions to keep your personal information secure and require any third parties that handle or process your personal information for us to do the same. Access to your personal information is restricted to prevent
11.10 You have the right to tell us if you:
· would like a copy of the personal information which we hold about you
· would like us to correct, update or delete your personal information in our records
· wish to report any misuse of your personal information
The Company may amend, from time to time, these Terms and may or may not, notify you as these amendments are made. Should you decide that any amendment to these Terms does not constitute your understanding with the Company, you may, at your own will, terminate these Terms and terminate your subscription to the Services. All Content shared on the Platform shall be used according to the Company's policies and amended terms and conditions.
11.1 The Terms will continue to apply until terminated by either the user or the Company as set forth below.
11.2 The Company may discontinue Platform at its sole discretion and may terminate the Services without notice. You disclaim the Company and hold the Company harmless from any liability and/or loss of data due to such termination.
11.3 In the event the user chooses to terminate the Terms, the user may do so by withdrawing its subscription to the Services or non-renewal of its subscription upon expiry.
11.4 Termination of these Terms by the Company may
i. You breach any of the provisions of the Terms or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same);
ii. The Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
iii. The provision of the Services to you by the Company is, in the Company's opinion, no longer commercially viable; or
iv. The Company has elected to discontinue, with or without reason, access to the Platform, the Services (or any part thereof).
14. Governing Law
Your use of these Terms, the Services and the relationship between the Company and you shall be governed by and construed in accordance with the laws of India. The Company and you agree that all claims, differences and disputes arising under or in connection with or pursuant to the Platform, the Content
i. This Agreement, along with any notices published on the KKT website, constitute the entire understanding between the Company and you.
ii. The Company's waiver to perform any of its rights under these Terms shall not constitute amendments of the same.
iii. Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction of Mumbai, such invalidation of such part or portion of these Terms should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
Terms and Conditions – Contest/Profiling
Following are the terms and conditions for participation by consumers in the "Kan Khajura Tesan Contest/Profiling” campaign (the “Campaign”) brought to you by Hindustan Unilever Limited ("HUL"), for promotion of the Kan Khajura Tesan at any given point of time, unless amended and modified at the sole discretion of HUL.
By entering the Competition and/or accepting any prize, all entrants and winners agree to be bound by the terms and conditions below (“Rules”).
1. These terms and conditions are applicable for the "KAN KHAJURA TESAN CONTEST/PROFILING or any other contest
2. he Campaign is open to callers who are users of pre-paid mobile phone connections located All India (each a “Consumer”).
3. To avail this offer and participate in the Campaign, a Consumer, upon giving a call to “080-30000-123” and answering few questions after listening to Kan Khajura Tesan. By placing a call, the Consumer expressly opts to participate in the Campaign.
4. Upon calling, the Consumer has to (a) listen to the content capsule which and (b) participating in a brief Consumer survey The consumer will receive a gratification depending upon the offer/ contest run by the company.
5. In case the gratification is a Mobile Recharge, Mobile recharge will be confirmed via SMS confirmation to the Consumer. Please note, post-paid mobile phones are not eligible for mobile recharge during this offer.
6. After the re-charge is completed, HUL shall have no further airtime reward obligations to the participating Consumer.
7. Participation in this Campaign is free, voluntary and at the sole discretion of the Consumer. By participating in this Campaign, the consumer fully and unconditionally agrees to and accepts these Terms and Conditions as well as the decisions of HUL which are final and binding in all matters related to the Campaign.
8. Sending of SMS/missed call on 1800 30000123/ calling on 08030000123 would be construed to be opting
9. HUL cannot guarantee connectivity via the mobile network of the telecoms service provider subscribed to by the consumer. Accordingly,
10. Inability to connect to mobile recharge telephone numbers may be due to various reasons including but not limited to network congestion,
11.HUL shall not be responsible for misdirected calls or loss of calls while entering the response during the IVRS call. Proof of calling is not proof of receipt of the call.
12. The IVRS instruction shall be in Hindi.
14. Dispute resolution: These terms and conditions shall be deemed to have been entered upon in Mumbai, and the Courts of Mumbai shall have the exclusive jurisdiction over any disputes arising out of these terms and conditions.
16. HUL, their service provider and their affiliated partners may contact Campaign participating Consumers regarding other products in the future.
17. This offer is applicable across all telecom providers operating All India
18. The Campaign is applicable only for consumers with pre-paid mobile numbers in above states
19. The Campaign period will be mentioned in the contest creative by the Radio Jockey
20. In case of any issues, consumers can call the HUL toll free no.1800-10-22-221 or email to firstname.lastname@example.org
21. HUL and/or its designated agencies, their directors, members, partners, employees, agents or consultants and their spouses, life partners, parents, children, siblings, business partners or associates are not eligible to participate in or enter the Competition.
22. Airtime rewards cannot be exchanged for cash and are not transferable.
23. HUL does not accept responsibility for entries lost, corrupted or delayed as a result of any network, hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.
24. No entries from agents, third parties, organized groups or applications automatically generated by computer will be accepted.
25. The above terms and conditions are subject to any announcements, notices or additional terms and conditions relating to the specific contests, as displayed on the KKT website or communicated to the public by the Company from time to time.