Samuh Mediatech, has its registered office at Chophel Lam, Building no 7, Thimphu, (“Samuh”) owns the domain name www.samuhbhutan.com (“Website”). The Website allows, upon subscription and payment of necessary fee(s), users to access and view, inter alia, movies and TV serials, music and videos (“Content”) streamed over the Internet to certain Internet-connected TVs, desktops, laptops, mobiles and other devices.
As stated above, Samuh, through the Website and user interfaces, allows, upon subscription and payment of necessary fee, access and view, inter alia, movies and TV serials, music and videos (“Content”) streamed over the Internet to certain Internet-connected TVs, desktops, laptops, mobiles and other devices.
Samuh, inter alia, provides an online website www.samuhbhutan.com as an interactive platform for its viewers and any associated mobile sites, applications to inter alia view films and web series - including trailers, and music and video content including viewing schedules of content offered etc. on the Website and user interfaces, and any other features, tools, applications, materials, or other services offered from time to time by Samuh in connection with its business, provided on the Website and user interfaces, “Content” and includes posting of comments, participation in contests (all such features of the Website and user interfaces, collectively referred to as “Services”.
Content will be made available to You through different modes, at the discretion of Samuh, including via video on demand basis for viewing at the User’s discretion at a time chosen by You and download for offline viewing by You. Download for offline viewing is for App only and on selected titled by Samuh.For the Content that will be made available to You, You will be granted a non-exclusive, non-transferable, non-sublicensable, revocable limited license to view the Content for your personal, non-commercial viewing, and that no right, title or interest in any Content will be deemed transferred to You. Please note that both the availability and Your ability to access the Content or some part of Services, (a) is subject to Samuh’s sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this Website and the Content and Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Website and availing of the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Website and user interfaces, and the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that Samuh may monitor or use certain technologies for monitoring of activities including logging of Your IP address to ascertain and verify Your geographical location. To facilitate Your viewership and access, the Services can be packaged by Samuh through different models such as, Content or Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee with or without advertisements/commercials or (c) a pay-per- view model with or without advertisements/commercials or (d) with a combination of the foregoing on the Website. The Services can be availed through platforms, software and devices, which Samuh approves from time to time, the current list for which is as set out below “Compatible System”. In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future.
3. USER COMMITMENTSBy agreeing to use/avail the Services:
- Use the Services in a manner inconsistent with any and all applicable law;
- You confirm that all the data and information supplied by You when You register (“Registration Data”) and provided by You to Samuh and or any Samuh affiliates, distributors is true, current, complete and accurate in all respects.
- You agree that Samuh and/or its affiliates own and/or retain all rights to the Services and the Content throughout the territory of the world in perpetuity. You further agree that the Content You access and view as part of the Services is owned or controlled by Samuh, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, trade secret, and other intellectual property laws.
- You agree not to either directly or through the use of any device, software, internet site, web- based service, or other means copy, download, screen capture, record, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.
- You agree that the Content provided on the Website is strictly for Your private viewing only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the Content provided on the Website to any other person(s), or in any manner communicate such Content to the public.
- You agree that Samuh shall be under no liability whatsoever in the event of non-availability of the Website or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Samuh.
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through Samuh.
- You will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use Samuh and paying for all such charges in relation thereto.
I hereby authorize and give consent to Samuh to send me, either through itself or through any third-party service provider, from time to time various information alerts SMS, other messages or calls or commercial communication and other services on the aforesaid listed telephone numbers.
4. INTERNET USAGE & CHARGES
Samuh can be accessed anywhere with a decent Internet connection and video streaming compatible devices. You will need to have a data package recharged on your mobile phone or you will need a WIFI connection using which you can access Samuh and watch videos of your choice on your device. The WIFI/data package is external and the monthly subscription plan you have signed up for does not include internet data costs.
5. SUBSCRIPTION & PAY-PER VIEW SERVICES
Samuh offers free access to a selected number of contents to registered users. Some of the Content made available on the Website can be availed only by subscribers who have subscribed under a subscription plan (“Registered Subscriber”). You need to sign Yourself on the website and user interfaces, to avail these services on a subscription model (“Subscription”). To become a Registered User, You may be required to provide certain personal information to Samuh, including sensitive personal data, and may be required to make payments “Subscription Fee” as per the applicable subscription plan through a debit card, credit card, internet banking or through, e-prepaid wallet or other payment method accepted by Samuh ”Payment Method” that You opted for during registration. On successful registration to the Subscription, Samuh will intimate You of the same through e-mail or SMS. Samuh may offer different kinds of Subscription plans, each of these Subscription plans being subject to different limitations and restrictions and the cost of each of these Subscription plans may vary. The subscription plans do not include access to Samuh Vcinema.
Samuh Vcinema. is a Virtual Cinema platform that allows you to watch the latest films from Bhutan and the region on pay-per-view basis. Vcinema is not part of Samuh Subscription Plans. The service allows you to pay-per-view as you pick a film you choose to watch. After you select the film on Samuh Vcinema, you will have to pay using any of the payment methods accepted by Samuh ”Payment Method” once the payment is done the movie will show as purchased and you can watch the movie anytime within the movie availability The charges for these films may vary based on your geographical location.
Please note that once you purchase the movie you can watch it anytime, however each movie has a six hours viewing validity. This means once you play the movie you have to complete watching it within six hours. After six hours your viewing validity will expire and you will have to repurchase to watch it again.
All services offered by Samuh are on a prepaid basis. Samuh will automatically start billing as per Your selected Payment Method for the Subscription plan elected by You at the time of registration. The Subscription Fees specified for each Subscription plan are inclusive of applicable taxes within the territory of Bhutan. For users outside Bhutan, additional taxes and banking charges may be applicable based on your location and prevailing laws of the country.
For users in Bhutan once you choose and subscribe to Samuh subscription plan. You will receive a reminder either in the form of email/text message to renew your subscription.
If you are unable to pay online for the subscription plan, You also have the option to pay offline. You can go and pay at Samuh Sales Agents in your locality or contact Samuh customer support for offline payment support.
The Subscription Fee will be billed at the beginning of Your membership and you will receive a payment reminder, as applicable (as per the Subscription plan chosen by You) unless and until You cancel Your Subscription or the Subscription is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for Your next renewal period or to cancel Your subscription to the Subscription, You need to visit the “My Account” section on Your profile page. On cancellation of Subscription You will be notified by Samuh.
In case of change in the Subscription Fee for a particular membership plan that is already opted by You, Samuh will give You a 30 days advance notice of these changes.
You also understand and acknowledge that Samuh uses multiple payment gateways for processing of payments. This facility is managed by the respective regulations of the payment gateway provider and You are required to follow all the terms and conditions of the payment gateway provider.
You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and the like. You agree and acknowledge that Samuh shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
7. Refunds & Cancellation
The Subscription Fees and Vcinema fees are prepaid and non-refundable irrespective of whether you have availed the service or not.
Any changes in the Subscription Plan opted by You is effective only after the expiry of the current Subscription period for which You have already been billed. Accordingly, the Subscription as per revised plan opted by You shall be effective only after the expiry of the then current Subscription period.
Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail You with a refund for any portion of the Subscription Fee paid by You for the unexpired period. Post-Cancellation of Your Subscription, if you wish to re-subscribe to the Subscription, you may do so from the Website and user interfaces.
For any issues related to refunds & cancellation please
8. TERMINATION OF SERVICE
If You have any questions, complaints or claims with respect to the Website and/or Services, billing then such correspondence should be directed to the address as given below. Samuh Mediatech & Productions.
The contact information:
Users in Bhutan: Toll free number 2220
Users outside Bhutan: WhatsApp at 77395612
10. DISCLAIMER OF WARRANTIES
You agree that use of the Services and the access to the Website is at Your own risk. The Services including the Website, the Content, the video player, User Material and any other materials contained on or provided through the Website are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Samuh does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
11. LIMITATION OF LIABILITY
IN NO CASE SHALL SAMUH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SAMUH’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to defend, indemnify and hold harmless Samuh, its affiliates, officers, directors, employees and agents, from and against any and/or all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service. Reservation of Rights; Waiver. The Service, Software and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
13. GOVERNING LAW AND JURISDICTION
The relationship between You and Samuh shall be governed by the laws of Bhutan without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) Samuh has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by You shall be exclusively before the courts at Thimphu, Bhutan.
16. ENTIRE AGREEMENT
Last Updated: May 15, 2021