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 <CONTINUE> 

Overview

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.

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.

“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 authorised 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 authorised 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.

“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.

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 authorised 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 unauthorised applications.

1. 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. 
2. 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. 
3. 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.

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 

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 twelve (12) 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 12 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 forfeit the deposit paid by the Customer initial to the Subscription Service.  

1. 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 authorise 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 authorisation.
2. Early Termination. Subject to Clause 10.
3. 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.

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

1. The Customer is twenty-one (21) years of age or above and resides in Malaysia.
2. The information provided by the Customer in the Application Form is accurate and truthful.
3. 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.
4. 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. 
5. 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. 
6. 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.

1. 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.
   
    
2. 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;

1. 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;

1. The Customer shall be responsible for the purchase and Enjoy TV will not be liable to the Customer in any circumstances;

1. 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;

1. 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

1. 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.

1.  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. 
2. 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 authorised for the new subscription. The cost to exchange Reception Equipment for new subscription package shall be borne by the Customer. 
3. 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. 

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. 

1. 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 unauthorised 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:

1. Damage which occurs in shipment, delivery and installation of the Product;
2. Applications and uses for which this Product was not intended;
3. Any damage caused by use with another product;
4. Any Product that has been modified to alter functionality or capability without the written permission of Enjoy TV;
5. Altered Product or serial numbers;
6. Cosmetic damage or exterior finishes;
7. Accidents, abuse, neglect, fire, water or any liquid contact, lightning or other acts of nature;
8. Loss or damage due to theft or acts of vandalism;
9. Any defects caused by normal wear and tear or otherwise due to normal aging of the Product;
10. 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);
11. Incorrect electrical line voltage, fluctuations and surges;
12. Customer's adjustments and failure to follow operating instructions that are covered and prescribed in the user manual;
13. Any damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Enjoy TV; and
14. 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:-

1. 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;
2. any upgrading or modification to the Services as deemed necessary by Enjoy TV;
3. 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;
4. 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;
5. any interruption, suspension, termination, malfunction, unauthorized use, defect or loss of the Reception Equipment and/or the Services for any reason whatsoever;
6. any loss, distortion or corruption of data arising out, or from the use of the Services;
7. the use of any equipment (whether provided by Enjoy TV or otherwise) which does not guarantee reliability and signal strength quality; and
8. any inconvenience caused to the Customer.

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.

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.

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.

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.

1. No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.
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.
3. In the event of any inconsistency between the General Terms and Conditions and any Specific Terms and Conditions, the latter shall prevail.
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.
5. Those clauses, which are by their nature would survive the termination of the Agreement shall so survive.
6. Time wherever referred to in this Agreement shall be of the essence.
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.
8. Any stamp duty arising out of this Agreement shall be borne by the Customer.