Samuh Terms of Use

1. INTRODUCTION

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.

Your use of the Website and services and tools are governed by the following terms and conditions, “Terms of Use” as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website and user interfaces, you shall be subject to the policies that are applicable to the Website and user interfaces, for such transaction. By mere use of the Website and user interfaces, you shall be contracting with Samuh and these terms and conditions including the policies constitute Your binding obligations.

For the purpose of these Terms of Use, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who has agreed to become a member on the Website and user interfaces, by providing certain information (as detailed in the Privacy Policy) while registering on the Website and user interfaces.

BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS WEBSITE AND USER INTERFACES, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy and any other terms which govern the Website and user interfaces.

2. DESCRIPTION OF SERVICES AND ACCEPTANCE OF TERMS OF USE

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 COMMITMENTS

By 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 are 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 available on Samuh. 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 may encounter third party applications while using the Website including, without limitation, websites, widgets, software, services that interact with the Website. Your use of these third-party applications shall be subject to such third-party terms of use or license terms. Samuh shall not be liable for any representations or warranties or obligations made by such third-party applications to You under contract or law.
  • 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 (“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 Basic and Standard 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 Basic and Standard Subscription Plans but is available as free ONE-TIME view on Premium Subscription Plan.

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.

Note:

Please note that once you purchase the movie you can watch it anytime, however each movie has a 24 hours viewing validity. This means once you play the movie you have to complete watching it within 24 hours. After 24 hours your viewing validity will expire and you will have to repurchase to watch it again.

For Premium Subscribers after availing the Free ONE-TIME view of the Vcinema content, you will have to repurchase the content after the 24 hours viewing validity expires. 

6. PAYMENTS

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.

6.1. Billing Cycle.

The membership fee for the Samuh service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "My account" page. The length of your billing cycle will depend on the type of subscription that you choose when you signed-up for the service. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit the samuhbhutan.com website and click on the "Payment History" menu on the "My account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you Subscribe. 

6.2. Payment Methods. 

To use the Samuh service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

6.3. Changes to the Price and Subscription Plans. 

We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.

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.

If you signed up for Samuh using your account with a third party as a Payment Method and have availed the Auto-renewal feature and wish to cancel your Samuh membership, you may need to do so by calling Samuh Customer Support at toll free number 2220 (with in Bhutan) or WhatsApp number +97577395612, or by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Samuh service through that third party.

Our Customer Service team is available to assist you from 08:00 AM – 12:00 BST (MIDNIGHT)

To see when your account will close, click "Payment History" on the "My account" page. 

For any issues related to refunds & cancellation please contact: support@samuhbhutan.com

8. TERMINATION OF SERVICE

Samuh reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if Samuh so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms of Use, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that Samuh can, in its sole discretion, exercise its right in relation to any or all of the above, and that Samuh, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same.

9. SUPPORT

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:

Email: support@samuhbhutan.com

Users in Bhutan: Toll free number 2220

Users outside Bhutan: WhatsApp at 77395612 

Our Customer Service team is available to assist you from 08:00 AM – 12:00 BST (MIDNIGHT)

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

12. INDEMNITY

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.

14. SEVERABILITY

If any provision of these Terms of Use is held invalid, void, or unenforceable, then that particular provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.

15. CHANGES

Samuh reserves the right, at any time and from time to time, without notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in these Terms of Use as “Additional Terms” will be posted on the Website and user interfaces, and will be effective immediately after such posting and thereafter incorporated into these Terms and Conditions. Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Additional Terms.

16. ENTIRE AGREEMENT

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Samuh governing Your use of the Services, superseding any prior agreements between You and Samuh regarding such use.

Last Updated: May 31, 2023