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Terms of Use & Privacy Policy

This Mobile Free Trial offer is valid until 31 October 2019. The charges will automatically resume to the regular price based on the package subscription fee. Enjoy TV reserves the right to amend the Free Trial terms at any time as deemed necessary.

 

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.

 

These Terms of Use (the "Terms" or this "Agreement") govern your use of the Service, including the hardware and software supplied by Enjoy TV or its distribution partners to you and your use of Enjoy TV Mobile Application (“Enjoy TV App”) and the www.enjoytv.asia website (the "Official Website"), whether you use the Service as a registered user, or are a visitor to the Site.

 

Enjoy TV reserves the right to change these Terms from time to time. It is your responsibility to review these Terms frequently and to remain informed about any changes to them, so we encourage you to review these Terms 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.

 

1. DEFINITIONS

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 in accordance with these General Terms and Conditions to enable access to the Services.

 

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.

 

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.

 

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.

 

Membership” means a current and valid subscription to the Services.

 

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 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.

 

3. USE OF SERVICES

The Customer shall only use or view the Services 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. The Customer shall not, including without limitation, 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 unauthorised usage of the Services or Reception Equipment may subject the Customer to civil and criminal sanctions. 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 authorise any other person to do so in the Customer’s household. The Customer acknowledges that any person who has access to the Services 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 accesses the Services assigned to the Customer without the Customer’s authorisation.

 

4. PAYMENT TERMS.

The Customer may elect 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 elected, must be paid in full for such period, in advance either by credit or debit card from his/her bank account by authorising Enjoy TV to do so in the Application Form. The Customer may also elect to pay the Subscription Fees by other methods like online transfer, cash or whichever provided by Enjoy TV’s payment gateway from his bank account by authorising 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 30 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. 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. 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. 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. 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 of RM10.00 (excl. SST or any Govt. taxes) for each change request, whether it is to add or remove or replace any Subscription Packages. Overdue Payments. For every thirty (30) days that the Customer’s account is overdue by an amount of more than RM10.00, Enjoy TV reserves the right to charge the Customer a late payment fee of RM10.00 (excl. SST or any Govt. taxes) to the Customer’s account for administrative costs. In addition, Enjoy TV reserves the right to suspend or terminate the Customer’s access to the Services 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.

 

5. RIGHTS RESERVED BY ENJOY TV

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. 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 new channels, (3) terminate or discontinue any of the channels included in the Services, alter the number of channels 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 included in the Services, (5) add, substitute or replace any of the content provided directly or through third party services present on the reception equipment. 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 8 below.

 

6. SUBSCRIBER'S REPRESENTATIONS, WARRANTIES, COVENANTS AND UNDERTAKINGS.

By his offer to subscribe for the Services, the Customer represents, warrants, covenants and undertakes with Enjoy TV that:

 

a. The Customer is twenty-one (21) years of age or above and resides in Malaysia.

 

b. The information provided by the Customer in the Application Form is accurate and truthful.

 

c. The address listed in the Application Form is a residential dwelling unit and is the address at which the Customer will receive the Services. The Services will be used solely for private viewing at such address and the Services will not be displayed in a public place, hotel, pub, bar, restaurant, club, cafe or other commercial establishments. The Customer will not resell the Services or impose any charge on others to view the Services, nor will he rebroadcast, reproduce, transmit, compress, modify, perform, display, record, publicly perform, duplicate, distribute, tamper, interfere, impose, remove, alter, add or delete the Services in any form whatsoever. The Customer will not record, copy or reproduce 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 Customer will not use the Reception Equipment in any way not authorised by the Agreement.

 

d. 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.

 

e. 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 fulfilment 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. 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. The Privacy Notice is available at https://enjoytv.asia/privacy. Enjoy TV reserves the right to amend said notice at any time as deemed necessary. Enjoy TV may provide written notice to the Customers through electronic mail. Customers are advised to read the Privacy Notice from time to time.

 

In relation to clause 6 e) (v) above, in the event that the Customer has an outstanding fee/monies due to Enjoy TV at any point in time, Enjoy TV may provide the Customer’s Personal Data to a credit checking and/or reporting agency.

 

f. the Customer shall not resell or sublet or transfer or provide the Services and/or the Reception Equipment to anyone; and

 

g. 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.

 

7. SUSPENSION AND TERMINATION

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. Subject to clause 4, the Customer may suspend or terminate the Services by giving a minimum of one (1) month’s written notice. If the Services are suspended or terminated either by the Customer or by Enjoy TV, the Customer shall remain liable to pay the full Subscription Fee for the entire billing month in which the suspension or termination occurred. 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 Service 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. 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.

 

8. EXCLUSION OF ENJOY TV'S LIABILITY

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 Enjoy TV Box 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, transmission network, cloud distribution services, distribution 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. 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. The Customer shall indemnify Enjoy TV and keep Enjoy TV indemnified against all losses, damages and claims, including for injury or death or damage/loss to property, arising from the use of the Services or the Reception Equipment by the Customer or any third party. 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. The Customer acknowledges that he/she uses the Service and relies on information obtained through the Services at his 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. 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. 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 nonperformance of Enjoy TV’s obligations including but not limited to:-

 

a. 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;

 

b. any upgrading or modification to the Services as deemed necessary by Enjoy TV;

 

c. 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;

 

d. 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;

 

e. any interruption, suspension, termination, malfunction, unauthorized use, defect or loss of the Reception Equipment and/or the Services for any reason whatsoever;

 

f. any loss, distortion or corruption of data arising out, or from the use of the Services;

 

g. the use of any equipment (whether provided by Enjoy TV or otherwise) which does not guarantee reliability and signal strength quality; and

 

h. any inconvenience caused to the Customer.

 

Notwithstanding any other terms herein, the Customer agrees that the maximum liability of Enjoy TV to the Customer or any third party for any cause of action (whether in contract, tort or other causes of action) shall in no event exceed RM200.00.

 

10. 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.

 

11. 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 before the expiry of the cooling-off period set out in the Application Form.

 

15. GOVERNING LAW

The Agreement is governed by the laws of Malaysia.

 

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