TERMS AND CONDITIONS FOR HYPPTV PACKS SUBSCRIPTION

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU SUBSCRIBE TO ANY AND/OR COMBINATION OF ANY HYPPTV PACK(S) OFFERED BELOW. THESE TERMS AND CONDITIONS ARE READ TOGETHER WITH THE TERMS AND CONDITIONS FOR UNIFI SUBSCRIPTION. BY SUBSCRIBING TO ANY AND/OR COMBINATION OF ANY OF THE HYPPTV PACK(S) BELOW, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED TO BE BOUND BY BOTH TERMS AND CONDITIONS.

1.       HYPPTV RUBY PACK 

      (i)       The HyppTV Ruby Pack consists of 10 Channels currently available at HyppTV as of 1st December 2012.

(ii)     Any new Premium Channels introduced after 1st December 2012 will not be included in the HyppTV Ruby Pack and a separate subscription is required for subscription of new Premium Channels (unless otherwise stated).

(iii)    Offering(s) in the HyppTV Ruby Pack may consist of the same channel(s) of Subscriber’s current subscriptions. No discounts or rebates will be given in these circumstances.

2.       HYPPTV SPORTS PACK 

      (i)       The HyppTV Sports Pack consists of 12 Channels currently available at HyppTV as of 25th April 2013.

(ii)     Any new Premium Channels introduced after 25th April 2013 will not be included in the HyppTV Sports Pack and a separate subscription is required for subscription of new Premium Channels (unless otherwise stated).

(iii)    Offering(s) in the HyppTV Sports Pack may consist of the same channel(s) of Subscriber’s current subscriptions. No discounts or rebates will be given in these circumstances 

(iv) For BPL (Barclay’s Premiere League), only matches that are scheduled for broadcast on Astro SuperSport HD  & Astro SuperSport 2 HD  will be made available on HyppTV subject to the rights granted by the content owner/provider

3.       HYPPTV NEW PLATINUM PACK 

       (i)       The New HyppTV Platinum Pack consists of 34 Channels currently available at HyppTV as of 25th April 2013.

(ii)     Any new Premium Channels introduced after 25th April 2013 will not be included in the HyppTV Platinum Pack and a separate subscription is required for subscription of new Premium Channels (unless otherwise stated).

(iii)    Offering(s) in the New HyppTV Platinum Pack may consist of the same channel(s) of Subscriber’s current subscriptions. No discounts or rebates will be given in these circumstances. 

4.       HYPPTV MEGA PACK 

       (i)       The HyppTV Mega Pack consists of 47 Channels currently available at HyppTV as of 25th April 2013.

(ii)     Any new Premium Channels introduced after 25th April 2013 will not be included in the HyppTV Mega Pack and a separate subscription is required for subscription of new Premium Channels (unless otherwise stated).

(iii)    Offering(s) in the HyppTV Mega Pack may consist of the same channel(s) of Subscriber’s current subscriptions. No discounts or rebates will be given in these circumstances.

5. NEW HYPPTV SPORTS PACK 

       (i)       The New HyppTV Sports Pack consists of 14 Channels currently available at HyppTV as of 1st August 2013.

(ii)     Any new Premium Channels introduced after 1st August 2013 will not be included in the New HyppTV Sports Pack and a separate subscription is required for subscription of new Premium Channels (unless otherwise stated).

(iii)    Offering(s) in the New HyppTV Sports Pack may consist of the same channel(s) of Subscriber’s current subscriptions. No discounts or rebates will be given in these circumstances.

 

6.       SUBSCRIPTION PERIOD

The Subscription Period to any and/or combination of any HyppTV Pack will commence as follows:

a)       HyppTV Ruby Pack - 15th January 2013;

b)       HyppTV Sports Pack, HyppTV New Platinum Pack and HyppTV Mega Pack - 25th April 2013.

The Subscription Period will begin from the above stated date until further notice from Telekom Malaysia Berhad (TM). Notwithstanding anything to the contrary, TM reserves the right to change the end date of the package(s) Period to an earlier or a later date.

7.       ELIGIBILITY

All new and existing UniFi VIP Subscribers are eligible to subscribe to any and/or combination of any HyppTV Ruby Pack, HyppTV Sports Pack, HyppTV New Platinum Pack or HyppTV Mega Pack.

8.       EFFECTIVE DATE OF SUBSCRIPTION PERIOD

(i)       Existing UniFi VIP Subscriber:

a)       For existing UniFi VIP Subscriber (with or without Premium Channels subscription), the Subscription Period will commence from the 1st opt-in date.

b)       The subscription to the existing Premium Channels that are included within any of the HyppTV Pack stated above will be automatically deleted once the Subscriber has opted-in. However, no rebates will be provided for the subscribed Premium Channels. 

(ii)     New Subscriber:

For new Subscriber, the Subscription Period will commence immediately after the end of the Premium Channel free viewing period, provided that the new Subscriber has opted-in to any and/or combination of any HyppTV Pack during the free viewing period.

(iii)  Minimum Subscription Period:

a)       Subscriber shall subscribe to any and/or combination of any HyppTV Pack for a period of not less than the Minimum Subscription Period of twelve (12) months.

b)       Upon expiration of the Minimum Subscription Period, the subscription to any and/or combination of any HyppTV Pack will automatically be continued on a monthly basis until Subscriber chooses to terminate.

9.       SUBSCRIPTION 

(i)                Subscriber must opt-in to subscribe to any and/or combination of any HyppTV Pack via TM UniFi Centre, MyUniFi Portal (www.tm.com.my/unifi), any TM Point, Electronic Programming Guide (EPG) on HyppTV or TM’s authorized resellers.

 

10.       CHANGE OF HYPPTV PACK SUBSCRIPTION

(i)                A request by Subscriber to change the HyppTV Pack subscription (with similar price package) will be charged a swapping fee of RM5 (one time charge).

(ii)     A request by Subscriber to upgrade the HyppTV Pack from lower price package to higher price package will not be charged any fee.

(iii)    A request by Subscriber to downgrade the HyppTV Pack from higher price package to lower price package will be charged a downgrade fee of RM10 (one time charge).

(iv)   Subscription Period will be automatically refreshed once Subscriber has migrated.

(v)     Table of subscription for any upgrade or combination of HyppTV Pack is as stated below:

 

Existing HyppTV Platinum Pack (subscription before 25 April 2013) can be upgrade or swap to any packs at no upgrade or swapping fee with a refreshed contract. To swap, kindly call TM UniFi Centre at 1300-88-1222

11.    TERMINATION

(i)       Subject to Clause 10 (ii) hereinafter mentioned, termination of any HyppTV Pack can be made at any time via TM UniFi Centre or any TMpoint.

(ii)     If the Subscriber terminates the HyppTV Pack prior to expiry of Minimum Subscription Period, a termination penalty will be imposed. The said penalty shall be calculated as follows:

(Monthly Subscription Fee x number of remaining months)

The above penalty shall be reflected in TM’s bill. 

(iii)    Notwithstanding the above, in the event the Subscriber commits a breach or potential breach of any term herein, TM reserves the right to take necessary action including but not limited to termination or suspension of any HyppTV Pack(s) without compensation of any kind to the Subscriber subject nevertheless that TM shall take all reasonable effort to notify the Subscriber of any breach or potential breach prior to termination or suspension.

12.   SUBSCRIPTION FEE

(i)       Monthly Subscription Fee shall be at the applicable rate indicated in the Application Form or such rates as may be prescribed and informed to the Subscriber by TM from time to time.

(ii)     The Subscriber shall be liable for and shall promptly pay to TM, within the time period specified in TM's bill for the subscribed HyppTV Pack(s), all charges, fees, rentals, costs or other amounts whatsoever as shown in TM's bill, notwithstanding that the Subscriber may dispute the same for any reason(s) whatsoever.

13.   REFUSAL OF SUBSCRIPTION

TM reserves the right to refuse subscription of any individuals that it determines to be acting in breach or potential breach of either UniFi or these terms and conditions.

14.   CANCELLATION, SUSPENSION OR DELAY

TM reserves the right to cancel, modify, suspend or delay the subscription to any and/or combination of any HyppTV Pack stated above in the event of any unforeseen circumstances beyond its reasonable control. For the avoidance of doubt, any cancellation, modification, suspension or delay by TM shall not entitle the Subscriber to any claim or compensation against TM for any and all loss or damage suffered or incurred by the Subscriber as a direct or indirect result of the said act(s).

 

15.   DISCLAIMER

(i)       Subscriber acknowledges that although TM may edit, censor or control the content information or data accessed by the Subscriber through any HyppTV Pack stated above, TM does not guarantee nor provide any warranties whatsoever that the content in any HyppTV Pack(s) or any information or data accessed by the Subscriber through the said Hypp TV Pack(s) will not be offensive, obscene, upsetting, seditious or defamatory to the Subscriber. The Subscriber shall exercise discretion while viewing to the same at all times and TM shall not be held responsible and hereby disclaims any and all liabilities whatsoever with regard to any information or content accessed through any and/or combination of any HyppTV Pack stated above.

 (ii)     TM does not warrant that any HyppTV Pack stated above, (a) will not be interrupted or error-free, or, (b) will prevent unauthorised access by third parties. TM does not authorize anyone to make a warranty of any kind on its behalf and the Subscriber should not rely on anyone making such statements. 

(iii)  The broadcast of any programs on any channels in any HyppTV Pack shall be based on the rights granted to TM by the content owners. TM does not provide any warranty whatsoever that all programs on any channel in any HyppTV Pack will be broadcast to the Subscribers.

(iv) The Subscriber understands and agrees that TM is providing the HyppTV Pack(s) to the Subscriber on an “AS IS” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. In no event TM will be liable to the Subscriber for any direct, indirect, consequential or special damages whatsoever suffered by the Subscriber or any other party relating in any way to the use of HyppTV Pack(s) by the Subscriber or pursuant to any activities contemplated under these terms and conditions. 

16.   INDEMNITY

(i)       Notwithstanding anything to the contrary, the Subscriber will defend, indemnify and hold TM save and harmless from any and all claims, suits, actions, demands, costs, settlements, losses, damages, expenses and all other liabilities including reasonable attorney's fees (collectively "the Claims"), arising out of or resulting from its breach of this terms and conditions or the intentionally wrongful or negligent acts or omissions on the part of the Subscriber, in the performance of or failure to perform their obligations under this terms and conditions or in relation to the Subscriber’s use of any HyppTV Pack(s) during the subscription period.

(ii)     The Subscriber will be responsible for and shall accordingly fully indemnify TM in respect of any breach or threatened breach of any intellectual property rights by any of its representatives, and undertakes to take any and all such action as TM reasonably deem fit and necessary to prevent any threatened breach, or contain the effects of any breach or suspected breach, at the Subscriber’s costs.

 

17.   AMENDMENTS AND VARIATION

TM reserves the rights to change, amend, delete or add on to these terms and conditions at any time without prior written notice and the Subscriber hereby agrees to be bound by such amendment(s)

18.   EXTENSION TO THE UNIFI TERMS AND CONDITIONS

These terms and conditions are in addition to the General Terms and Conditions for UniFi available for viewing at www.tm.com.my/unifi. In the event of inconsistencies between any of the provision of the General Terms and Conditions and these terms and conditions, the General Terms and Conditions shall prevail to the extent of any inconsistency.

19.   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.

20.   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.

 21.   NOTICE OR DELAY

All notices, demands, requests, or other communications which may be or are required to be given, served, or sent by any party to the other party pursuant to this terms and conditions shall be in writing and mailed by first-class, registered or certified mail, return receipt requested, postage prepaid, or transmitted by hand delivery or by courier, telegram, facsimile or email. Notice shall be deemed to have been given in the case of posting, the day after the registered or certified mail receipt has been acknowledged by the recipient; in the case of facsimile, upon successful completion of transmission; in the case of email upon sending; in the case of telegram or hand delivery or courier, the next business day after it has been delivered.

22.   SUBSCRIBER’S PERSONAL DATA AND INFORMATION

Each Party shall at all times comply with the Personal Data Protection Act 2010, which the relevant clauses are available online at www.tm.com.my/unifi.