Enjoy TV Service Agreement
Welcome to Enjoy TV, a new media entertainment service platform (the “Service”) provided to you by Enjoy TV Broadcasting Sdn. Bhd. (“Enjoy TV”). We hope you find the Service fun and easy to use.
PLEASE READ THE TERMS AND CONDITIONS DESCRIBED BELOW CAREFULLY BEFORE PURCHASING OUR PACKAGE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK
An end user online profile and billing account (“Your Account“) with Enjoy TV Broadcasting Sdn Bhd. (“Enjoy TV“) on Enjoy TV’s official website are required to subscribe to Enjoy TV’s Service Package (“Enjoy TVPlus”, subject to change) and activate Enjoy TV Decoder. Your Account gives you access to movies, television shows and other audio-visual entertainment on the “Enjoy TV New Media Platform“, a storefront of applications provided by Enjoy TV via the Decoder and also access to Enjoy TV’s mobile application (“Enjoy TV App”) via your mobile phone. When you activated the Decoder, you may be asked to agree to a separate disclaimer.
Our Services are available for your use in Malaysia only. To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (additional fees may apply). Our Services’ performance may be affected by these factors.
If you choose to access any Entertainment provided by third parties through the Enjoy TV New Media Platform, you will need to also agree to the terms of service of the Content Providers whose Entertainment you choose to access. The terms of service of such Content Providers may impose additional requirements or provide them the right to cancel or suspend their service to you.
Enjoy TV reserves the right to change these Terms and conditions from time to time. It is your responsibility to review these Terms and conditions frequently and to remain informed about any changes to them, so we encourage you to review these Terms and conditions often. All references to “us,” “our” and “Enjoy TV” in this Agreement are intended to refer to Enjoy TV Broadcasting Sdn. Bhd. and its affiliate entities. All references to “you,” “your” and “user” in this Agreement are intended to refer to the user who accepts this Agreement by checking the “I Accept” box when presented with the choice.
The following words or expressions shall have the following meanings, unless the context otherwise requires:-
“Agreement” means the agreement between Enjoy TV and the Customer constituted by Enjoy TV’s acceptance of the Customer’s offer to subscribe for the Services in the Application Form overleaf.
“Enjoy TV” means Enjoy TV Broadcasting Sdn Bhd (Company Number 1190798-X).
“Customer” means the person named in the Application Form overleaf whose offer to subscribe for Services therein has been accepted by the provision of the Services to such person and the installation of the Reception Equipment who has agreed with these General Terms and Conditions to enable access to the Services.
“Entertainment” means collectively all types of services including but not limited to linear channels, movies, drama, video on demand, karaoke, games, kids and other forms of application services.
“Content” means the information with copyrights that are directed towards an end-user or audience via many different media formats including internet, television, smartphones, application and audio.
“Channel” means those linear channels composed with 24-hour scheduled programmes and broadcast in the context of cable and/or satellite television.
“Applications” (refer to as “APPs”) means the software which has been designed for end users and has bundled with specific functionalities or a group of content that delivers to end users via mobile phones or other applicable devices.
“SST” means Malaysia Sales and Services Tax.
“Personal Data” means personal data and other information collected by Enjoy TV from the Customer including all information and details in relation to the Services provided by the Customer to Enjoy TV.
“Subscription Packages” means the various packages of services provided to the Customer in consideration of payment of Subscription Fees.
“Reception Equipment” means, collectively, the equipment which enables the Customer to gain access to Enjoy TV New Media Platform, comprising of the authorized Enjoy TV digital multimedia terminal (“Enjoy TV Decoder”), the remote-control unit, the High Definition Multimedia Interface (HDMI) cable, and the RCA cable or any other equipment authorized by Enjoy TV from time to time.
“Services” means any services including Subscription Packages provided by Enjoy TV to the Customer in consideration of Subscription Fees. The Services may also include television channels, data, high definition format services (“HD”), pay-per-view, premium/special events, video on demand, interactive and other special services made available to the Customer by Enjoy TV.
“Subscription Fees” means the cumulative fees payable by the Customer to Enjoy TV for the Services, which may vary depending on the Subscription Packages chosen by the Customer, and any special events or services subscribed by the Customer.
“Purchase Date” means the date when Customer purchase or subscribe to any product and/or service package from Enjoy TV.
“Registration Date” means the date when Customer creates its Enjoy TV Account.
“Activation Date” means the date when Customer activated the Decoder with its Enjoy TV Account.
“Transaction” means each payment made between you and Enjoy TV via any payment methods.
“Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.
“Invoice” means the statement issued by Enjoy TV to the Customer to supplement or as supplement to the Bill;
“Billing” means the statement issued by Enjoy TV, in the format as determined by Enjoy TV, to the Customer from time to time in respect of the Service(s) and the term “Bill” shall also include Invoice;
“Billing Date” means the date on which the Subscription Billing period ends, as identified on the statement or bill.
“Expiration Date” means the date when Enjoy TV Services will be expired and suspended unless Customer continued to pay the Subscription Fees.
“Application Form” refers to the registration form duly completed by the users to create an Enjoy TV Account via Enjoy TV website, which has been accepted and approved by Enjoy TV;
2. PROVISION OF SERVICE
Subject to acceptance by Enjoy TV of the Customer’s application for the Services, Enjoy TV agrees to provide the Services to the Customer, in accordance with the terms and conditions of the Agreement. Upon submission of the Customer’s Application Form to Enjoy TV for the Services, Enjoy TV shall conduct a verification and confirmation exercise to determine accuracy of the information to provide the Services at the designated residential address and credit worthiness of the Customer.
2.1 Use of Reception Equipment. The Customer shall receive the Services only through the use of Reception Equipment which has been authorized by Enjoy TV. Notwithstanding any Campaign Terms and Conditions, ownership of the Reception Equipment remains with Enjoy TV with pre-installed application which ownership remains with the relevant third-party manufacturer or supplier at all times. In addition, the Reception Equipment shall be used only by the Customer at the residential address which the Customer has specified in the Application Form and, as permitted by the Agreement. Any other use of the Reception Equipment is prohibited, including the use of the Reception Equipment with unauthorized applications.
- Notwithstanding anything contained in the Agreement, the Customer shall not own the Decoder. Title and all equitable and legal rights in the Decoder, including all algorithms, software or other intellectual property embedded in the Decoder shall vest in and remain with the relevant third-party manufacturer or supplier.
- The Customer shall only use or view the Services on television or other Reception Equipment at the residential address the Customer provided in the Application Form and only for the Customer’s own private use.
- The Customer is however prohibited from displaying the Services in a public place or a commercial establishment such as a pub, bar, restaurant, club or café. The Customer is also prohibited from reselling the Services or charging any fee to any person to view the Services.
- Enjoy TV’s delivery of Content does not transfer any commercial or promotional use rights to the Customer, and does not constitute a grant or waiver of any rights of the copyright owners.
- Enjoy TV shall only be responsible for the maintenance of the Decoder and the remote-control unit as long as the Customer maintains his/her subscription to the Services and the Customer uses the Reception Equipment for its intended purpose and does not abuse, misuse or damage the Reception Equipment.
- Enjoy TV shall, with reasonable notice to the Customer, conduct periodic maintenance and/or change/repair/replace/retrieve the Reception Equipment as Enjoy TV deems necessary to enable the Customer to enjoy the Services. The Customer shall allow authorized Enjoy TV personnel access to the Customer’s premises for the aforesaid purpose. If the Customer’s authorized Reception Equipment is damaged, lost or stolen, the Customer should notify Enjoy TV promptly. In the event that the Reception Equipment is damaged, lost or stolen whilst under the Customer’s custody, Enjoy TV reserves the right to charge the Customer the cost for the damaged, lost or stolen Reception Equipment.
- Notwithstanding the aforesaid, the Customer shall be charged a service fee for the logistics cost for any periodic maintenance and/or change/repair/replace/retrieval of the Reception Equipment. Such service fee rates are subject from time to time as Enjoy TV deems fit.
- The Customer shall use the Reception Equipment in accordance with instructions provided by Enjoy TV from time to time, whether in writing or otherwise.
- The algorithm, software or other intellectual property embedded in the Reception Equipment is of a proprietary and confidential nature. The Customer shall not by himself or through any third party, in anyway whatsoever, directly or indirectly:
- Copy, reproduce, transfer or distribute the algorithm or software or part thereof embedded in the Reception Equipment;
- Modify, adapt, alter, translate, or create derivative works from the algorithm or pre-installed applications or part thereof embedded in the Reception Equipment;
- Merge or incorporate the algorithm or software or part thereof embedded in the Reception Equipment with or into any other algorithm or software;
- Enter or transmit any content that is unlawful, harmful, racially, ethnically, threatening, harassing, defamatory, obscene, pornographic, vulgar, invasive of another’s privacy or right of publicity, infringing of a third party’s intellectual property rights, or otherwise objectionable, encouraging of conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
- Rebroadcast, reproduce, transmit, compress, modify, perform, display, record, duplicate, distribute, tamper, interfere, impose, remove, alter, add or delete the Services in any form whatsoever. The Customer is prohibited from recording, copying or reproducing the Services or any part thereof other than solely for the purpose of domestic and private use and viewing as permitted by the Copyright Act 1987 (as amended or replaced from time to time). The Agreement permits reception of the Services only in Malaysia, and reception outside Malaysia may constitute a violation of international copyright and other laws. Theft, fraud, piracy or other unauthorized usage of the Services or Reception Equipment may subject the Customer to civil and criminal sanctions;
- Interfere with or disrupt (or attempt to interfere with or disrupt) the Reception Equipment, Service, Official Website or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services;
- Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software on Enjoy TV Reception Equipment;
- Resell or make profit in anyway with the Reception Equipment; or
- Reverse assemble, decompile, disassemble, or otherwise attempt to derive the algorithm and/or code for the algorithm or software or part thereof embedded in the Reception Equipment.
If Enjoy TV is notified of or have any reason to suspect that the Customer is taking any of the actions above, Enjoy TV may investigate the allegation and determine in its sole discretion whether to notify the proper authorities and/or terminate the Customer’s access to the Enjoy TV Account, Reception Equipment, Official Website, Enjoy TV App and the Services. Enjoy TV may disclose any of the Customer’s content or electronic communication of any kind to satisfy any law, regulation, or government request; or if such disclosure is necessary to protect the rights or property of Enjoy TV, a third party or any other Enjoy TV’s Customers.
2.2 Installation. Users are expected to install the Enjoy TV reception equipment by themselves. Additional installation fees will be borne by customer if he/she requests for the installation service from Enjoy TV’s authorized distributor or dealer.
3. PERIOD OF SERVICE AGREEMENT
3.1 This Agreement shall take effect from the Activation date of the Service and shall continue to be in force until terminated in accordance with these Terms and Conditions. For avoidance of doubt, the billing cycle shall according to the Activation date by default is also deemed to be the same as the registration date.
3.2 MINIMUM SUBSCRIPTION PERIOD: The Customer shall maintain and keep his/her Enjoy TV Account active for a minimum continuous period of twenty-four (24) months from the date of activation of the Services. Further, in the event the Customer promptly or otherwise causes the deactivation of the Services at any time during the said 24 months period for any reason whatsoever, including without limitation, by failing or refusing and/or neglecting to pay the Subscription Fees as and when due, Enjoy TV reserved the rights to charge penalty or forfeit the deposit paid by the Customer initial to the Subscription Service.
3.3 Upgrade or change of Subscription. Enjoy TV may from time to time launch new services/programmes which the Customer may want to purchase. The Customer may purchase any new services/programmes or may authorize any other person to do so in the Customer’s household. The Customer acknowledges that any person who has access to the Reception Equipment or your Enjoy TV Account may purchase such new services/programmes on the Services and the Customer will be responsible to pay for all such charges. The Customer is solely responsible for ensuring that no one uses the Reception Equipment assigned to the Customer without the Customer’s authorization.
3.4 Early Termination. Subject to Clause 10.
3.5 If the Customer has subscribed to the Services via special campaigns or collaborations, the minimum subscription period as stated in the Campaign Terms & Conditions shall apply.
4. PAYMENTS, TAXES, AND REFUNDS
4.1 When Customer make your first Transaction, we will require your personal and credit card information for future Transactions. Enjoy TV will charge your selected payment method (such as your credit card, debit card, gift card/code, or other method available in Malaysia) for any paid Transactions, including any applicable taxes. If Enjoy TV is unable to charge Customer with the selected payment method for any reason (such as expiration or insufficient funds), Customer remains responsible for any uncollected amounts, and Enjoy TV will attempt to charge the payment method again as Customer may update his/her payment method information. In accordance with local law, Enjoy TV may update information regarding his/her selected payment method if provided such information by his/her financial institution. For details about how Transactions are billed, please login your Enjoy TV Account on https://portal.enjoytv.asia/login/
4.2 All Transactions are final. Subscription Fees may change at any time via official announcement on Enjoy TV Official Website. If technical problems prevent or unreasonably delay delivery of Service, your exclusive and sole remedy is either replacement of the Service or refund of the Subscription Fee paid, as determined by Enjoy TV. From time to time, Enjoy TV may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Enjoy TV to a corresponding counterclaim.
4.3 Enjoy TV may, at its discretion, allow Customer’s bills to be paid through a third party credit or debit card (by a third party credit or charge card via telephone) or other means of payment (“Auto Billing”) subject to the terms and conditions of the Auto Billing as provided on Enjoy TV’s Website.
4.4 The Customer may select to pay his/her Subscription Fees on a monthly basis or such other basis as Enjoy TV may allow from time to time. The Subscription Fees, for the payment period which the Customer has selected, must be paid in full for such period, in advance either by cash, online transfer, or atm bank in to Enjoy TV’s designated bank account.
4.5 The Customer shall pay the Subscription Fees by credit card or direct debit from his/her bank account by authorizing Enjoy TV to do so in the Application Form. Enjoy TV will send the Customer a statement of accounts for the Subscription Fees, but the Customer will be responsible for prompt payment even if the Customer does not receive the statement of account. Any statement of account shall be deemed to be accepted by the Customer after 7 days from the date thereof and the Customer shall not thereafter be entitled to raise any objection in relation to the same. For the avoidance of doubt, nothing herein shall preclude Enjoy TV from correcting at any time any error or discrepancy in the amount stated in the statement of account.
4.6 Any advance payments made by the Customer may only cover the Customer’s selection of Subscription Packages, and may not cover other services or special events purchased by the Customer during any billing period. In such event, the Customer agrees to pay promptly the prescribed fee for such services or special events upon being billed by Enjoy TV.
4.7 In addition to the Subscription Fees, the Customer’s payment must include all bank charges, commissions and SST or tax of similar nature, where applicable.
4.8 The Customer shall pay Enjoy TV all fees, penalties and handling charges for cheques made payable to Enjoy TV and returned unpaid by the Customer’s bank. In addition, the Customer shall pay all reasonable costs and attorneys’ fees incurred by Enjoy TV in recovering any amounts due from the Customer.
4.9 Enjoy TV reserves the right to suspend or terminate the Customer’s access to the Services and Reception Equipment at any time without notice to the Customer if payments are not received when due. Enjoy TV may also set-off any amounts credited to the Customer against any amounts the Customer owes to Enjoy TV. Enjoy TV may at its discretion appoint any third party to perform its billing services in relation to the Services. Customer remains responsible for any uncollected amounts, and Enjoy TV will attempt to charge the payment method as Customer may update its payment method information.
4.10 Enjoy TV shall notify Customer if the price of the Subscription Fee paid increases and, if required, seek for Customer’s consent to continue subscription. Should the Customer wish to change the Customer’s selection of Subscription Packages at any time after the initial registration, the Customer will be charged an administrative fee determined by Enjoy TV for each change request, whether it is to add or remove or replace any Subscription Packages.
5. CONTENT AND SERVICE AVAILABILITY
5.1 Terms found in this Agreement that relate to Services, Content types, features or functionality are only available in Malaysia.
5.2 IN-APP PURCHASES: Applications may offer content, services or functionality for use within such Apps (“In-App Purchases”). In-App Purchases that are consumed during the use of the App cannot be transferred among devices. Customer must understand the different of such application subscription is not under the authorization of its Enjoy TV Account.
5.3 APP MAINTENANCE AND SUPPORT: Enjoy TV is responsible for providing maintenance and support for Enjoy TV Apps only, or as required under applicable law. App Providers are responsible for providing maintenance and support for Third Party Apps.
5.5 THIRD PARTY VENDORS: From time to time Enjoy TV may make the products and services of third party applications available to you on the Reception Equipment, Official Website, Enjoy TV App and Enjoy TV New Media Platform. Customers can also install and/or use applications according to their own preference under the Services and Content Usage Rules stated by the third-party vendors.
5.6 ADVERTISEMENTS: Enjoy TV shall at its best effort to ensure all advertisements conform to the general guidelines under the Malaysian Communication and Multimedia Content Code. However, other service descriptions, advertising content, text and picture descriptions, display samples, or other sales information browsed by the Customer in the Reception Equipment, third-party Applications and the Service included are designed and proposed by each advertiser or goods and service provider. Customer should make its own judgments about the accuracy and credibility of advertisements. Enjoy TV only agrees on the commission to publish, and does not guarantee the above-mentioned advertisements.
6. RIGHTS RESERVED BY ENJOY TV
6.1 Enjoy TV shall be entitled at its sole discretion to revise the Services and the Subscription Fees or the structure of the Subscription Fees at any time and will use reasonable endeavours to notify the Customer of such revisions.
6.2 Enjoy TV reserves the right and shall be entitled at any time to: (1) add, delete or make changes to the Services, (2) add or substitute alternative Applications or Channels, (3) terminate or discontinue any of the Channels and Content included in the Services, alter the number of Channels/Content and price of each Subscription Package, alter the number of Subscription Packages or, (4) reduce the number of hours of broadcast of any of the Channels and Content included in the Services, (5) upgrade or update any software currently in use in the Reception Equipment.
6.3 Enjoy TV shall be under no liability whatsoever to the Customer if any of the rights reserved in this Clause 6 are exercised by Enjoy TV, and the Customer shall remain liable to pay the Subscription Fees in full. Enjoy TV also reserves the right at any time and from time to time to amend these General Terms & Conditions and/or such other terms and conditions agreed or accepted by the Customer. Such amendments will take effect as from such date as Enjoy TV may determine. The Customer may be notified of such amendments through written notice, electronic mail, Enjoy TV’s website or such other form or provide any other medium as Enjoy TV may deem appropriate. The Customer’s continued use of the Reception Equipment and/or subscription to the Service will constitute acceptance of the amendments. If the Customer is not agreeable to any of these General Terms & Conditions or any amendments thereof, the Customer may terminate the Services in accordance with Clause 10 below.
7. CUSTOMER’S REPRESENTATIONS, WARRANTIES, COVENANTS AND UNDERTAKINGS
7.1 By its offer to subscribe for the Services, the Customer represents, warrants, covenants and undertakes with Enjoy TV that:
- The Customer is twenty-one (21) years of age or above and resides in Malaysia.
- The information provided by the Customer in the Application Form is accurate and truthful.
- The Customer will immediately notify Enjoy TV of any change in the information listed on the Application Form and any other information provided or communication made to Enjoy TV, including but not limited to information or communication in connection with the charging of the Customer’s credit card or debiting of the Customer’s bank account, as well as the discovery of any theft, piracy or other unauthorized usage of the Services (including usage of the Services outside Malaysia) or any fraud against Enjoy TV. In such cases, the Customer shall report immediately to Enjoy TV when he discovers any fraud, theft, loss, unauthorized use or any other occurrence of unlawful activities in relation to the Services and/or the Reception Equipment and lodge a police report if required to do so and provide a copy of such police report to Enjoy TV.
- The Customer consents to the use and processing of any and all of the Customer’s Personal Data for the purposes of (i) providing the Services; (ii) marketing any products or services of Enjoy TV, its affiliates and/or Enjoy TV’s business partners, including any collaborative campaigns; (iii) complying with any statutory or legal obligations; (iv) credit checking and/or debt recovery; and (v) any other activities which are ancillary to the Services.
- The Customer also consents to the disclosure by Enjoy TV of any and all of the Customer’s Personal Data to (i) Enjoy TV’s affiliates; (ii) any telecommunications provider which Enjoy TV has an arrangement with or otherwise in connection with the Services; (iii) Enjoy TV’s agents, auditors and advisers and those of Enjoy TV’s affiliates; (iv) any other parties which provides retail products and services (for the purposes of marketing activities); (v) any organisation which provides credit checking, credit reporting and/or debt recovery services; and (vi) any entity or person, the disclosure to which is reasonably necessary or desirable for the provision of the Services.
- In addition, the Customer also consents to the disclosure by Enjoy TV of any and all of the Customer’s Personal Data with any telecommunication provider(s) for fulfillment purposes to provide the Customer with the Services. The Customer also consents to the transfer by Enjoy TV of the Personal Data to locations outside Malaysia for any of the purposes set out above. Enjoy TV may also disclose the Customer’s Personal Data when it is required or requested to do so by law, a court order or an order from any government or law enforcement authority or regulatory agency (including, without limitation, the police and the Malaysian Communications and Multimedia Commission); if Enjoy TV reasonably believes that it had a lawful right to disclose the Customer’s Personal Data to any third party or that it would have had the Customer’s consent for such disclosure if the Customer had known of the same; and/or if Enjoy TV’s disclosure to any third party is in the public interest. The Customer’s Personal Data will be obtained from the Customer at the time of subscription for the Services or as may be requested from the Customer by Enjoy TV at anytime thereafter or from existing Personal Data which had been collected by Enjoy TV previously. The Customer may, upon payment of the prescribed fee, request for access to or correction of the Customer’s Personal Data or for limiting the processing of the Customer’s Personal Data at any time hereafter by submitting such request to Enjoy TV in writing via registered post to the “Personal Data Protection Officer” in accordance to the Privacy Data Protection Act 2010 (PDPA) and the Laws of Malaysia, or by email (which must be sent from the email address registered with Enjoy TV) to [email protected] Any inquiries or complaints with respect to the Customer’s Personal Data should also be channelled to Enjoy TV in this manner. Provision of all of the Customer’s Personal Data as may be requested by Enjoy TV is required for the processing of the Customer’s subscription for the Services. Failure to provide the same may result in Enjoy TV not being able to provide the Services to the Customer.
9.2 The Customer represents and warrants that the consent of third parties (e.g. family member/friend) whose Personal Data the Customer has provided in the Application Form and disclosed to Enjoy TV has been obtained to allow Enjoy TV to process the same for the Purposes as set out in the Privacy Notice.
9.3 The Customer consents to Enjoy TV and/or Enjoy TV’s authorized representatives and/or registered contractors to install and activate the Reception Equipment and any other requisite equipment and cabling necessary for the provision of the Services within the Customer’s premises and the Customer shall provide a television which is compliant with the prescribed installation and activation guidelines for the Services;
9.4 The Customer consents to Enjoy TV upgrading and/or updating software currently used in the Reception Equipment or uploading and/or downloading any data or information in the Reception Equipment at any time at its sole and absolute discretion;
9.5 The Customer shall be responsible for the purchase and Enjoy TV will not be liable to the Customer in any circumstances;
9.6 The Customer shall adhere to all instructions and notices given by Enjoy TV from time to time in respect of the use of the Reception Equipment;
9.7 If the Customer purchases other equipment, the Customer shall be responsible for such equipment and Enjoy TV will not be liable to the Customer in any circumstances relating to such equipment; and
9.8 The Customer hereby agrees to indemnify Enjoy TV and shall keep Enjoy TV indemnified against any loss, damage, liability or expenses arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via the Services or part thereof and from all other claims arising out of any of the Customer’s act or omission or any unauthorized use or exploitation of the Services or part thereof.
10. SUSPENSION AND TERMINATION
10.1 First Time Users must fulfill the Minimum Subscription Period stated in Clause 3. Customer may suspend or terminate the Services by giving a minimum of one (1) month’s written notice prior to the next Billing Date. If the Customer fails to inform Enjoy TV, the Customer shall continue to pay Enjoy TV for the monthly recurring Subscription Fee.
10.2 Enjoy TV shall have the right, in its sole discretion and without notice, to suspend or terminate the Customer’s access to the Services if the Customer breaches any of the representations and warranties referred to above or any other term of the Agreement or use the Reception Equipment in a manner not permitted by the Agreement or determined inappropriate by Enjoy TV.
10.3 Any existing purchase or account activation that the Customer has made in the Customer’s Enjoy TV shall not be retrievable or transferable to another device. If at any point in time the Customer’s subscription to Enjoy TV Service is terminated either by the Customer or Enjoy TV for any reason whatsoever, the Customer shall contact Enjoy TV and return the Reception Equipment whether formally demanded or not within 30 days from the termination date of the Enjoy TV Service. The Reception Equipment shall be returned in the condition of how it was initially provided to the Customer. Enjoy TV reserves the rights to directly forfeit the deposit paid by the Customer if he/she fail to return the Reception Equipment within the prescribed period and in good condition. All charges that are incurred for the return of the Reception Equipment to Enjoy TV shall be borne by the Customer. For avoidance of doubt, deposit forfeited does not transfer the ownership of the Reception Equipment to the Customer.
10.4 In the event if the Customer wishes to re-subscribe to the Services, the Customer shall contact Enjoy TV customer service for re-activation. The aforesaid Reception Equipment not returned by the Customer might not be authorized for the new subscription. The cost to exchange Reception Equipment for new subscription package shall be borne by the Customer.
10.5 All due amounts must be paid before the Services can be reactivated. Notwithstanding the above, Enjoy TV may in its sole discretion and without any liability to the Customer suspend or terminate the Customer’s access to the Services at any time for any reason whatsoever including, but not limited to, circumstances in which Enjoy TV has been informed or is aware that the Customer has used the Reception Equipment in a manner such that there is an offence and/or infringement committed under the provisions of the Copyright Act 1987 (as amended from time to time). If the Customer has not breached the Agreement and Enjoy TV suspends or terminates the Customer’s access to the Services, the Customer will be responsible only for payment of Subscription Fees up to the date of such suspension or termination and any amounts due prior to such date.
10.6 The Agreement shall automatically terminate in the event any equipment or combination thereof, including hardware and software used by Enjoy TV in the transmission of its Services, becomes affected in their performance and/or functionality so as to render it impossible for Enjoy TV to continue to provide the Services. In such event the sole extent of Enjoy TV liability shall be the refund of any advance Subscription Fees paid by the Customer for the duration of the interruption prior to termination.
11. EXCLUSION OF ENJOY TV’S LIABILITY
11.1 Enjoy TV is neither responsible nor liable to the Customer for interruptions, any programmes that are erased, deleted or cannot be retrieved from the Customer’s Reception Equipment for any reason whatsoever, suspension or termination of the Services for any reason whatsoever, whether or not within its control, including but not limited to the failure of power, transponders, internet interruptions, digital terrestrial transmissions, digital terrestrial ground control equipment, signal processing and uplink equipment , acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, sun or other weather outages, explosion, acts or regulations by the government (including the withdrawal of consents, permits or licences) or failure, termination or cessation by third parties to provide applications/channels included in the Services and any force majeure reasons.
11.2 Enjoy TV provides users with various information services through wired / wireless Internet, digital terrestrial transmission or mobile communication equipment. To use this Service, Customer must equip themselves with all the relevant equipment required to use the service, and bear the additional cost of connecting to the wired / wireless Internet, digital terrestrial receivers, circuit or data.
11.3 Enjoy TV will not be liable to the Customer for any refunds of the Subscription Fee, or any other claims or for any costs incurred by the Customer in obtaining substitute services, nor for any loss of profits or business or other direct, special, indirect, incidental or consequential damages, even if Enjoy TV has been advised in advance that such loss may occur.
11.4 Enjoy TV has no liability to the Customer for problems with the Reception Equipment or damage arising from the Customer’s use of the Reception Equipment caused by the Customer’s own act, negligence or omission. Where the Customer has caused damage to the Reception Equipment by the Customer’s own act, negligence or omission, Enjoy TV will assist to repair/replace the Reception Equipment and any such cost in relation to or arising out of such repair/replacement shall be charged to the Customer’s Enjoy TV account.
11.5 Enjoy TV has no responsibility or liability whatsoever for any interruption or loss of Services arising directly or indirectly from the installation of the Reception Equipment by any unauthorized third party.
11.6 Enjoy TV does not warrant uninterrupted or error-free operation of the Product and shall not be held liable for the following, including, but not limited to:
- Damage which occurs in shipment, delivery and installation of the Product;
- Applications and uses for which this Product was not intended;
- Any damage caused by use with another product;
- Any Product that has been modified to alter functionality or capability without the written permission of Enjoy TV;
- Altered Product or serial numbers;
- Cosmetic damage or exterior finishes;
- Accidents, abuse, neglect, fire, water or any liquid contact, lightning or other acts of nature;
- Loss or damage due to theft or acts of vandalism;
- Any defects caused by normal wear and tear or otherwise due to normal aging of the Product;
- Use of products, equipment, systems, utilities services, parts, supplies, accessories, applications, installations, repairs, external wiring or connectors not supplied or authorized by Enjoy TV which damage the Product or result in service problems (if any);
- Incorrect electrical line voltage, fluctuations and surges;
- Customer’s adjustments and failure to follow operating instructions that are covered and prescribed in the user manual;
- Any damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Enjoy TV; and
- Any reception problems and distortion related to noise, echo, interference or other signal transmission and delivery problems.
11.7 Enjoy TV makes no warranties or representations whatsoever with respect to the content of the programmes included in the Services, in particular Enjoy TV does not guarantee the sequence, accuracy, completeness, timeliness or the security of any data or information contained in the Services and shall not be liable for any claim arising out of any act or omission by Enjoy TV or any act or omission by the Customer, including claims for loss or damage, libel, slander, personal injury, damage to property or any other loss arising howsoever caused. The Services are provided on “as is” and “as available” basis.
11.8 The Customer acknowledges that he/she uses the Service and relies on information obtained through the Services at his/her own risk. Enjoy TV does not make any representation and disclaims any warranties of any kind in relation to the Services including but not limited to availability, accessibility, timeliness or security of any content or information transmitted or obtained using the Services or provided to the Customer as part of the Services.
11.9 Enjoy TV does not guarantee the accuracy of various activities and other related consumption of information via internet, nor does not assume any warranty for software or data downloaded and installed by the Customers using the Reception Equipment or other websites linked through Reception Equipment. Before downloading and/or installing, Customer should be responsible to consider and judge the suitability, validity, correctness, completeness, and any infringement of the rights of the aforementioned software or data in order to avoid loss (such as causing damage to the Reception Equipment system or storing data loss etc.); Enjoy TV will not be liable for any such losses.
11.10 Enjoy TV also disclaims any and all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement to the fullest extent allowed by law. Enjoy TV neither guarantees nor warrants that the Services will be free from any fault, error or interruption nor will Enjoy TV be liable for any inability to use or access the Service, or for the interruption, delay or failure of the Services.
11.11 Enjoy TV will not be liable to the Customer or any person claiming through the Customer for any costs, losses or damages (whether direct or indirect), or for loss of revenue or profits or for any special or consequential loss, loss of data, loss of business or loss of anticipated savings of any nature whatsoever (even if Enjoy TV had been advised of the possibility of such losses) due to any non-performance of Enjoy TV’s obligations including but not limited to:-
- use or inability to use or access the Services for whatever reasons such as adverse weather conditions, electromagnetic interference, equipment failure or congestion in the Services network, the quality of the Services, information available or obtained via the Services or arising out of any action taken in response to or as a result of such information available or obtained via the Services;
- any upgrading or modification to the Services as deemed necessary by Enjoy TV;
- any act, omission, error, default by Enjoy TV and/or Enjoy TV’s related companies, its officers, employees and agents in relation to the Services;
- any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the Service and any claims arising out of any act, omission, negligence or default by the Customer in relation to any part of the Services;
- any interruption, suspension, termination, malfunction, unauthorized use, defect or loss of the Reception Equipment and/or the Services for any reason whatsoever;
- any loss, distortion or corruption of data arising out, or from the use of the Services;
- the use of any equipment (whether provided by Enjoy TV or otherwise) which does not guarantee reliability and signal strength quality; and
- any inconvenience caused to the Customer.
12. NOTICES AND CORRESPONDENCE.
Any communication or notice to Enjoy TV, other than a notice to the Personal Data Protection Officer, shall be marked for the Attention of the “Customer Management Division”. All correspondence and notices by Enjoy TV to the Customer will be sent in writing to the most recent mailing address provided by the Customer to Enjoy TV or to the address stated on the Application Form or by email to the Customer’s email address registered with Enjoy TV or published on Enjoy TV’s website or in such other form or via such other medium as Enjoy TV may deem appropriate. Notices will be considered to be received upon hand delivery or upon the fifth business day after posting or, in the case or email, upon electronic confirmation of the transmission of the email to the Customer’s aforementioned email address.
13. RIGHT OF RESCISSION UNDER THE DIRECT SALES AND ANTI-PYRAMID SCHEME ACT 1993
Subject to the provisions of the Direct Sales and Anti-Pyramid Scheme Act 1993 (Act 500) (as amended or replaced from time to time), the Customer may rescind the contract based on these General Terms & Conditions set out in the Application Form.
14. GOVERNING LAW AND JURISDICTION
This terms and conditions are governed by the laws of Malaysia and any dispute arising out of or in connection thereof shall be subjected to the exclusive jurisdiction of Malaysia courts.
15. FORCE MAJEURE
Neither Party is liable in any way for delay, failure in performance, loss or damage due to any of the following force majeure conditions: fire, strike, embargo, explosion, power blackout, earthquake, flood, war, labor disputes, civil or military authority, acts of God or the public enemy, inability to secure raw materials, acts or omissions of other carriers or suppliers, or other causes beyond its reasonable control, whether or not similar to the foregoing.
16.1 No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.
16.2 In the event of a conflict or inconsistency between the Application Form and the Terms and Conditions, such inconsistency shall be resolved by giving precedence in the following order: The Terms and Conditions and the Application Form.
16.3 In the event of any inconsistency between the General Terms and Conditions and any Specific Terms and Conditions, the latter shall prevail.
16.4 The Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous agreements, understanding, proposals, representations and warranties relating to that subject matter.
16.5 Those clauses, which are by their nature would survive the termination of the Agreement shall so survive.
16.6 Time wherever referred to in this Agreement shall be of the essence.
16.7 The Agreement shall be binding on and shall inure for the benefit of each party’s permitted assigns, successors in title, personal representatives, executors and administrators.
16.8 Any stamp duty arising out of this Agreement shall be borne by the Customer.
【Disclaimer on the Decoder】
Users should carefully read these terms & conditions before using this product service.
By clicking Accept, you confirm that you have read the terms & conditions of service, copyright agreement and privacy policies as listed below, that you understand them and that you agree to be bound by them.
- This product not only serves as an Android Multimedia Player, but also contains internet connectivity. Therefore, this product is not responsible for any applications downloaded and installed by users via internet. Users should comply with the relevant laws and regulations in Malaysia, and refrain from installing any applications that contains illegal content such as pornography, violence, and copyrighted content.
- This product is only intended as an open applications platform. Due to the large number of applications from various different developers, Enjoy TV only warrants the application provided by us, and does not guarantee the compatibility of other apps with this product.
- All applications on the App Market are third-party developer applications not pre-installed on this product. This product does not modify, edit or reorganize the application content. As the application provider/developer is liable for any infringement of the legal rights with the application (including but not limited to patents, trademarks, copyrights, and copyrighted links, portrait rights, privacy rights, reputation rights, etc.). Therefore, this product does not bear any legal responsibilities for any loss caused by the application provider/developer.
- If any applications on this App Market is found to be infringing upon any copyrighted materials or illegal content, please notify Enjoy TV Broadcasting Sdn. Bhd. immediately in written form, including verification of your identity and/or entity you represent, proof of rights ownership, and detailed information and proof on infringement. We will carry out relevant actions immediately and remove said application from the App Market.
- All applications in this App Market are for the purpose of personal use only; all rights belong to their original author. All downloaded apps and content or resources should be deleted after use. Users shall explicitly acknowledge and agree that the use of any app is at their sole risk.
Enjoy TV DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE APP STORE OR APPS WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SHOPIFY DISCLAIMS ANY LIABILITY RELATING THERETO.
- Counter Notification
Any apps or content previously removed as a result of the above clauses, may be able to be restored with the submission of a counter notification by the content provider. After receiving the counter notification, we will review the counter notification and may restore the application onto the App Market. As with any other applications on the App Market, this product does not bear any legal responsibilities for any loss caused by the application provider/developer.
In the event that information in the counter notification is untrue, the submitter will bear all legal responsibilities (including but not limited to various compensation and legal fees). If you are unsure if you are the lawful owner of rights, we advise to seek professional advice.
In order to hasten the process of counter notification, please use the following format, including order of content, please indicate the:
- Proof of legal ownership or license of use of the removed content.
- Include complete contact method, including Name, Identity card or passport photocopy (for individuals), Company Registration Information photocopy (for entities), mailing address, phone number, fax number and email address.
- Please include your declaration that the information provided above is true and correct in the counter notification:
- I declare that all information provided in this counter notification is complete, true and accurate.
- I am the legal rights holder of said work and/or content; or
- I possess or have been granted the right to provide or distribute said work and/or content; or
- I have been granted the right or legally allowed to use said work and/or content.
- I will bear all legal consequences if any information in this counter notification is found to be untrue or false.
4. Include your signature and your registered company’s stamp (if representing entity) and send the above counter notification and all information to [email protected]