Terms & Condition

The following are the terms of service for HappyMoves. These terms are between you and the entity providing the HappyMoves service to you, which may be HappyMoves, India or one of their affiliates, depending on your location ("HappyMoves", "we" or "us"). Your provider of HappyMoves services may change from time to time, with or without notice (unless required by applicable law). Please read these terms carefully, as they apply to you, along with the Privacy Notice, Disclaimer, and Refund and Cancellation Policy, as well as all other rules and policies relating to the HappyMoves service (including, but not limited to, any rules or usage provisions specified on any product detail page or on any help or other informational page for the HappyMoves service) (collectively, this "Agreement"). If you are a resident of the United Kingdom, the European Union, or Brazil, the Privacy Notice, the Cookies Notice, and the Interest-Based Ads Notice do not apply to you. You may review the versions of these policies and notices that apply to you in order to gain a better understanding of how we handle your personal information. Each time you visit, browse, or use the HappyMoves service, you agree to this Agreement on behalf of yourself, your household members, and anyone else who uses the Service through your account.

ONE'S SERVICE

HappyMoves (the "Service") is a personalised service that provides, recommends, and assists you in discovering digital classes, series, and other video content (collectively, "Digital Content"), as well as other services as set forth in this Agreement. There are several ways to access the Service and Digital Content, including through HappyMoves and your use of other Premium benefits, and HappyMoves services are governed by separate terms that are accessible through the apps, websites, or devices on which you access those services. If you are under the age of 18 or the applicable state's age of majority, you may use the Service only with the involvement of a parent or guardian. As part of the Services, we personalise content and features, including by showing you recommendations for Digital Content, features, and services that may be of interest to you. Additionally, we strive to improve the HappyMoves devices and services, as well as your experience with them, on a continuous basis.

2. ELECTRONIC DEVICES THAT ARE COMPATIBLE

To stream or download Digital Content, you must use a personal computer, portable media player, or other device that complies with our system and compatibility requirements (a "Compatible Device"). Certain Compatible Devices may be used exclusively for streaming Digital Content, while others may be used exclusively for downloading Digital Content. Still others may be used for both streaming and downloading Digital Content. We reserve the right to modify the requirements for Compatible Devices at any time, and in some cases, whether a device is (or continues to be) a Compatible Device may be contingent on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that were Compatible Devices in the past may become incompatible in the future. The entity that provides you with the HappyMoves mobile application may be distinct from the entity that provides you with the Service.

3. VARIABILITY IN GEOGRAPHIC LOCATION

The Service is only available in certain locations due to technical and other restrictions imposed by content providers. The Digital Content (which may include subtitled and dubbed audio versions) and the manner in which we provide Digital Content to you will vary over time and by location. HappyMoves will verify your geographic location through the use of technology. You are not permitted to use any technology or technique to conceal or conceal your location.

4. ELECTRONIC CONTENT

a. Broadly speaking. The Service may enable you to: I subscribe to Digital Content for on-demand viewing during a subscription period (for example, through HappyMoves Premium or another subscription or standalone video subscription offering) ("Subscription Digital Content"), (ii) rent Digital Content for on-demand viewing over a limited period of time ("Rental Digital Content"), or (iii) purchase Digital Content for on-demand viewing over an indefinite period of time ("Perpetual Digital Content") ("Free Digital Content"). Digital Content may be available as Subscription Digital Content, Rental Digital Content, Purchased Digital Content, Pay-Per-View Digital Content, or any combination thereof, and is subject to the limited licence grant set forth below in each case.

b. Usage Requirements. The HappyMoves Usage Rules govern your use of Digital Content (the "Usage Rules"). The Usage Rules contain critical information, such as the time period during which you are authorised to view various types of Digital Content (the "Viewing Period") and the number and type of Compatible Devices on which you may download, stream, and view each type of Digital Content.

c. Memberships/Subscriptions. Subscriptions (occasionally referred to as memberships), the subscription services, the extent of available Subscription Digital Content, and the specific titles available through subscription services are subject to change without notice over time and by location (except as may be required by applicable law). Unless otherwise specified, price changes take effect at the start of the subsequent subscription period. If you do not agree to the change in your subscription, you may cancel it in accordance with Section 4(d) below. Subscriptions and memberships may be subject to GST and/or other taxes. Taxes will be collected where applicable by the party with whom you transact for the service, which may be HappyMoves or a third party. We make no representations or warranties regarding the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content included with any subscription. Additional terms that apply to a subscription (such as the applicable cancellation and refund policy) will be specified on the subscription's informational pages on the primary Service website for your location.

We offer a variety of subscription services from third parties. Third parties that provide subscription services (for example, via Premium Channels) reserve the right to modify or discontinue the features or content of their services. HappyMoves is not responsible for the content or features of any third-party subscription service.

d. Subscription/Membership Cancellation. If you purchased your video-only subscription or membership directly from us, you may cancel at any time by visiting Your Account and adjusting your membership settings, contacting HappyMoves customer service, or using any cancellation form we make available to you on your Video Marketplace or, if you purchased the applicable HappyMoves subscription or membership service through a third party, through your account with that third party. If you cancel within one business day of signing up for or converting from a free trial to a paid membership (or, for customers in the United Kingdom and European Union, within 14 days of receiving confirmation of your subscription or membership service), we will refund your full membership fee; however, we may charge you (or deduct from your refund) the value of the Service used through your account during such period. Additionally, you expressly agree that the Service will commence during your cancellation period. If you cancel at any other time, we will refund your entire membership fee only if you have not accessed any Digital Content included with your video-only membership through your account since your most recent membership charge. If you are accessing the Service as part of a Premium membership, the cancellation and refund policies applicable to you are set forth in your Video Marketplace's Premium Terms of Use. If you are accessing the Service as part of a HappyMoves subscription or membership purchased through a third party, the cancellation and refund policies applicable to you may differ from those of the third party, and you may need to contact the third party to cancel your subscription or receive a refund under its applicable policies.

e. Transactions for the Purchase and Rental of Property; Cancellations. Unless otherwise specified in this paragraph, all transactions for Purchased Digital Content, Rental Digital Content, and Pay-Per-View Digital Content are final, and we do not accept returns of such Digital Content. You may cancel an order for Purchased Digital Content or Rental Digital Content within 24 hours of purchase or rental (or within 14 days of purchase or rental for customers in the United Kingdom and European Union) by clicking "Cancel Your Order" from Your Digital Orders or, for purchases billed through a third party, on the video's detail page on your Video Marketplace, or by contacting HappyMoves customer service; except that you may not cancel an order for Purchased Digital Content. You may cancel a pre-order for Purchased or Rental Digital Content at any time prior to the content's release date. You may cancel an order for PPV Digital Content at any time prior to the program's scheduled start. Pre-ordered Digital Content release dates are subject to change. If you purchased Digital Content as part of a subscription or membership to HappyMoves that you purchased through a third party, the refund terms will be determined by that third party.

f. Modes of Payment. If you purchase a video-only subscription or membership through us and are billed by us, the billing terms described below will apply to your purchase.

If we are unable to process your payment using the payment method you have designated, we reserve the right to charge any payment method we have on file for you.

If you purchase a subscription or begin a free trial for a subscription, your subscription will automatically renew, and you authorise us to collect the then-current periodic subscription fee, including any applicable taxes, using any payment method we have on file for you (without further notice, unless required by applicable law).

IF YOU DO NOT NOTIFY US PRIOR TO A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO-RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTIFICATION TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE PERIODIC SUBSCRIPTION FEE

If we are unable to charge your subscription fee using any of the payment methods we have on file for you, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged prior to cancelling your subscription, your new subscription period will begin on the original billing date, not the successful charge date. You can update your designated payment method through the "Your Account" settings (s).

If you purchased your video-only subscription or membership through a third party and were not billed directly by us, your subscription or membership will be subject to the third party's billing terms.

g. Trials for Promotional Purposes. We occasionally offer eligible customers various trial or promotional memberships, which, unless otherwise stated in the promotional offers, are subject to this Agreement. We reserve the right to determine your eligibility in our sole discretion. Trial members may cancel their paid membership at any time (via Your Account).

h. Digital Content with a Restricted License. Subject to your payment of any charges associated with renting, purchasing, or accessing Digital Content and your compliance with all terms of this Agreement, HappyMoves grants you a non-exclusive, non-transferable, non-sublicensable, limited licence, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for your personal, non-commercial, private use. We may delete Digital Content from your Compatible Device automatically at the conclusion of its Viewing Period.

i. Continuity of Access to Purchased Digital Content. Purchased Digital Content will generally remain available for download or streaming from the Service, as applicable, but may become unavailable for download or streaming due to potential content provider licencing restrictions or for other reasons, and HappyMoves will have no liability to you if Purchased Digital Content becomes unavailable for further download or streaming.

j. Audio and video playback quality; streaming. The playback resolution and quality of the Digital Content you receive will vary depending on a variety of factors, including the type of Compatible Device used to access the Digital Content and your bandwidth, which may fluctuate during your viewing. If we determine that the Digital Content we are streaming to you will be interrupted or will not play properly as a result of bandwidth constraints or other factors, we may reduce the resolution and file size of the streamed Digital Content in order to ensure an uninterrupted viewing experience. While we make every effort to provide you with a high-quality viewing experience, we make no guarantee regarding the resolution or quality of the Digital Content you will receive when streaming, even if you have paid an additional fee for access to high definition, ultra-high definition, or high dynamic range content.

k. Restrictions in General. You may not: I transfer, copy, or display the Digital Content except as expressly permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used in connection with the Service; or (v) use the Service or Digital Content for any commercial purpose.

l. Audience Analysis. Certain third parties, such as advertisers and content owners, are interested in the performance of their content on Premium Video. While viewing certain Channels, Sports, and Live content, HappyMoves may provide third parties with information about your viewing behaviour for audience measurement and market research purposes.

5. APPLICATIONS

a. Software Use. We may make software available to you for use with the Service ("Software"). The terms contained in your Video Marketplace's Conditions of Use apply to your use of Software.

b. Information Provided to HappyMoves and Providers of Video Content HappyMoves may collect information about your use and performance of the Service and Software, as well as information about the devices on which you download and use the Service and Software. For instance, the Software may transmit information to HappyMoves about the Digital Content that you download and stream, as well as your use of that Digital Content (such as whether and when you viewed the Digital Content, which may, among other things, help us measure the Viewing Period for Rental Digital Content). Any information we receive is subject to your Video Marketplace's HappyMoves Privacy Notice. We may share information about your subscription status and use of Digital Content, including your viewing history, with video content providers, such as third-party providers of subscription services via Premium Video Channels. We will provide this information in an unidentifiable manner (unless you authorise sharing identifiable information with a specific video content provider).

6. ADDITIONAL CONDITIONS

a. Suspension. We reserve the right, without prior notice, to terminate your access to the Service, including any subscriptions made available as part of the Service (except as may be required by applicable law). If we do so, we will refund you a pro-rated portion of your subscription fee (if any); however, if you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice, and HappyMoves may immediately revoke your access to the Service and Digital Content without refund. In this case, you must delete all downloaded copies of Digital Content.

b. Content That Is Not Implicit. You may come across content that is offensive, indecent, or objectionable while using the Service; this content may or may not be identified as having explicit language or other characteristics. Nonetheless, you agree to use the Service at your own risk, with HappyMoves disclaiming all liability for any content. HappyMoves provides content types, genres, categories, and descriptions for convenience, but does not guarantee their accuracy.

c. Public relations. We may send you promotions or communicate with you electronically in other ways, such as via e-mail, push notification, or posts to your HappyMoves Message Center, and you consent to receiving those communications (unless you are a customer in the UK, European Union, Turkey or Brazil, in which case you separately decide whether or not you wish to receive these communications). These communications will be in accordance with your Video Marketplace's HappyMoves Privacy Notice.

d. Service Modification. HappyMoves reserves the right to modify, suspend, or discontinue the Service, or any part of it, at any time and without notice (except as required by applicable law), and HappyMoves will have no liability to you if it exercises such rights, even if the change impairs your ability to use Digital Content.

e. Modifications. HappyMoves reserves the right to modify this Agreement at any time by posting the revised terms on your Video Marketplace or in connection with the Service. To the extent permitted by law, your continued use of the Service or Software following any changes constitutes acceptance of those changes. However, any subscription fee increase will not take effect until your subscription is renewed.

f. Waiver of Rights; Reservation of Rights. The Service, Software, and Digital Content all constitute protected intellectual property under applicable law. The Agreement's intended third-party beneficiaries include copyright holders of Digital Content. Failure on our part to insist on or enforce strict compliance with the Agreement will not constitute a waiver of our rights.

g. Disputes/Use Conditions. Any dispute or claim arising out of or relating to this Agreement or the Service is subject to the governing law, warranty disclaimers and limitation of liability, dispute resolution and class action waiver provisions (if applicable), and all other terms in your Video Marketplace's HappyMoves Conditions of Use. By using the Service, you agree to those terms on behalf of yourself, your household members, and anyone else who uses the Service under your account. CERTAIN CONSUMER PROTECTION RIGHTS MAY ALSO BE AVAILABLE TO YOU UNDER THE LAWS OF YOUR LOCAL JURISDICTION.

h. Liability Limitation. Without limiting the disclaimer of warranties and limitation of liability in your Video Marketplace's HappyMoves Conditions of Use: I in no event will our or our software licensors' aggregate liability to you for all damages arising out of or related to your use or inability to use the Software exceed fifty dollars ($50.00); and (ii) in no event will our or our Digital Content providers' aggregate liability to you for all damages arising out of or related to your use or inability to use the Service, the Digital Content, or information, materials, or products included on or otherwise made available to you through the Service exceed fifty dollars ($ The limitations set forth in this section will apply to you even if the remedies are found to be ineffective.

CERTAIN JURISDICTIONS, INCLUDING THOSE IN THE EUROPEAN UNION, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR PARTICULAR TYPES OF DAMAGES. IF YOU ARE A PERSON AFFECTED BY THESE LAWS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

i. Contact Data. Please write to HappyMoves at the applicable notice address with any questions about this Agreement.

j. Detachment. If any provision of this Agreement is found to be invalid, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of any remaining provision.