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Terms and Conditions

 

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Viu Premium Service Contract Summary Terms & Conditions

 

  1. Viu Premium (“Service”) is provided by “PCCW OTT (Singapore) Pte Ltd” and made available to eligible M1 Limited and/or M1 Net Ltd (as the case may be) (each referred to as,“M1”) Post-paid Mobile, Mobile Broadband and Home Broadband customers (“Subscribers”) with compatible devices only. M1 reserves the right, at its sole discretion, to decline acceptance of the Subscriber’s order or application for the Service for any reason or no reason.

  2. The access and use of the Service are subject to these M1 terms and conditions for the Service (“M1 Terms”) and all applicable Viu’s terms and conditions for the access and use of the Service (“Viu Terms”). By ordering or applying for the Service through M1, you acknowledge that you have read and agree to comply with and to be bound by (a) all M1 Terms herein; and (b) all Viu Terms (including, without limitation, the applicable Viu Premium Terms of Use, Privacy Notice and Cookies Policy) as published by Viu at “https://www.viu.com/ott/sg/en-us/copyright-statement/terms-and-conditions”. You further agree that your access and use of the Service may be subject to your acceptance of such further terms and conditions as may be imposed by Viu in relation to the Service from time to time.

  3. The applicable recurring monthly subscription charges for the Service are non-refundable and will not be pro-rated in any circumstances. The subscription cycle for the Service is monthly. Your subscription to the Service with M1 will be automatically renewed at the end of each subscription cycle, unless you terminate your subscription to the Service in accordance with this Clause 3. Subscribers must submit a valid termination request for the Service at least three (3) business days before expiry of the Subscriber’s then-current subscription cycle to avoid incurring the monthly subscription charges for the next subscription cycle. For the avoidance of doubt, upon M1’s receipt of the Subscriber’s termination request, the monthly subscription charges for the Service will continue to apply until the expiry of the Subscriber's then-current subscription cycle or the next subscription cycle, as the case may be.

  4. The applicable recurring monthly subscription charges for the Service will be charged to the Subscriber's M1 account. The Subscriber will be responsible for all charges incurred pertaining to the Service as long as the M1 account is in Subscriber’s name; even if Subscriber is not the user of the Service. You shall be solely responsible for protecting the confidentiality of your Service ID and passwords for your account, and for backing up any data used with the Service or in any device used for or with the Service.

  5. All fees and charges are correct as at the time of publishing and are subject to change from time to time, and prevailing GST (as applicable) shall apply.

  6. Subscribers must access the Viu platform using the latest version of the mobile application, currently named “ Viu” with compatible devices to access and use the Service; Internet connection will be required to access and use the Service. M1 shall not be liable for any delay or failure in using or accessing the Service that is due to any compatibility issues relating to your devices. References to Viu platform/mobile application in these M1 Terms shall include any modifications or updates to such Viu platform and/or mobile application from time to time.

  7. The Service can only be accessed and viewed in Singapore on such terms and conditions as may be stipulated by Viu from time to time. Data charges at the prevailing rates may apply to mobile subscribers who access the Service platform using mobile data connections.

  8. Subscribers must provide a valid and correct email address, which is not used for an active Viu Premium account, to M1 to receive a temporary password for the Service through Email service. Subscribers may also provide an email address, which is currently used for an active Free Viu account to M1 for upgrade of Free Viu to Viu Premium account. In this case, there will be no temporary password sent and Subscribers will be able to use their existing password. Subscribers are required to login using their email address and password to access the Service. Access to the Service is subject to service provisioning time required by M1 and Viu to provide the Service. M1 shall not be liable for any delay or failure in receiving the temporary password or in accessing or using the Service that is due to any error on the Subscriber’s part or any transmission error on or interruption, disruption or outages affecting any network or system not operated by M1.

  9. Limited time period promotion(s)
    1. First-timer Promotion:
      Each eligible Subscriber who is an existing M1 Postpaid Mobile, Mobile Broadband and/or Home Broadband subscriber who signs-up for the Service via M1's sign-up channels during the applicable promotional period as a first-timer (i.e. does not have an existing Viu subscription) is entitled to enjoy a one-time free 1-month Service subscription (the “First-timer Promotional Offer”). The free 1-month Service subscription under the First-timer Promotional Offer will start upon successful subscription to the Service with M1. Thereafter, the recurring monthly subscription charges for the Service at the prevailing rates shall apply until the Subscriber terminates his subscription to the Service in accordance with Clause 3 above. The First-timer Promotional Offer will be valid for a limited time period only, as determined by M1 in its sole discretion, while stocks last.

    2. New/Re-contracting Customer Promotional Offer:
      New and re-contracting M1 customers who sign-up/re-contract on $78/$110/$235 24-months Plan with Device M1 Post-paid Mobile plans, and who do not have existing Viu subscriptions, are entitled to enjoy a one-time free Service subscription for 6/12/12 months respectively if the customer concurrently signs-up for the Service via M1's sign-up channels during the applicable promotional period at the same time (the “New/Re-contracting Customer Promotional Offer”). For the avoidance of doubt, the New/Re-contracting Customer Promotional Offer is only valid at the point of sign-up/re-contract on the eligible M1 Post-paid Mobile plans as aforesaid. The free Service subscription under the New/Re-contracting Customer Promotional Offer will start upon successful subscription to the Service with M1. Thereafter, the recurring monthly subscription charges for the Service at the prevailing rates shall apply until the Subscriber terminates his subscription to the Service in accordance with Clause 3 above. For the avoidance of doubt, existing Subscribers to the Service who re-contract on eligible M1 Post-paid Mobile plans as aforesaid during the applicable promotional period are entitled to participate in the New/Re-contracting Customer Promotional Offer, however any remaining free subscription period under the First-timer Promotion offered to such existing Subscribers (if any) shall lapse immediately upon activation of the free subscription period under the New/Re-contracting Customer Promotional Offer. The New/Re-contracting Customer Promotional Offer will be valid for a limited time period only, as determined by M1 in its sole discretion, while stocks last.

    3. Promotional waiver of 3 month subscription for Viu Premium:
      Promotional waiver of subscription for Viu Premium is applicable for 3 months; thereafter monthly subscription of $6.90 applies.


  10. The offers referred to in clause 9 above are collectively referred to as the “Promotional Offers”, and each a “Promotional Offer”. Eligibility for each of the Promotional Offer(s) shall be determined by M1 in its sole discretion. M1 reserves the right to not allow or to disqualify participation by any person in any of the Promotional Offer(s) at any time, at its sole discretion. The Promotional Offer(s) are not transferable or exchangeable for cash, credit and/or other items and are not valid with any other discounts, vouchers or promotions, unless otherwise stated. Any unutilised amount for the Promotional Offer(s) will not be refunded and cannot be used to offset any existing or new subscription or promotion. M1 reserves the right to amend or withdraw any of the Promotional Offer(s) at any time. Where multiple Promotional Offers apply, the applicable Promotional Offers cannot be used concurrently with each other.

  11. The Subscribers acknowledge that the Service (including the redemption process) and the Viu platform/mobile application are operated and provided by Viu, which is a third party provider. The Subscriber accepts that he orders the Service and accesses and/or uses the Service and the Viu platform/mobile application at his own risk. M1 is not responsible for and does not guarantee the functionality, availability or continuity of the Service (including the redemption process) and/or the Viu platform/mobile application at any time. M1 also does not guarantee (a) that the Service (including the redemption process) and the Viu platform/mobile application will be accessible, secure, reliable, or be without disruption, interruption, errors, virus or other harmful elements, or (b) that the results, information, contents or materials derived from the use of the Service are accurate, reliable or suitable for its users. Without prejudice to the foregoing, to the fullest extent allowed by applicable laws, M1 shall not be liable or responsible for any damage or loss (including any loss of data) suffered or incurred by the Subscriber which may arise (whether in contract, tort, including negligence, under statute or otherwise) by reason of or in connection with the provision of the Service (including the redemption process) by Viu or the access or use of the Service and/or the Viu platform/mobile application by the Subscriber, howsoever caused. The Subscriber further indemnifies M1 against any losses or damages suffered or incurred by M1 and any claims made against M1 arising from the access or use of the Service and/or the Viu platform/mobile application by the Subscriber, or under the Subscriber’s account.

  12. For the avoidance of doubt, the Service, the Viu platform/mobile application and any and all information, contents and materials therein and any work performed in respect of the Service (if applicable) are provided on an “as is” and “as available” basis without warranties of any kind whatsoever, whether express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or non-infringement. You acknowledge and agree that the Service and its contents and the Viu platform/mobile application may be updated, modified and/or changed from time to time in accordance with Viu Terms, and M1 shall not under any circumstances whatsoever be liable for any such update, modification and/or change. To the fullest extent allowed by applicable laws, M1 shall not under any circumstances whatsoever be liable for any delay, failure, or default of the Service (including but not limited to due to any failure, interruption, disruption or downtime in our network services). For the avoidance of doubt, M1 offers no service guarantees in respect of the Service. M1 expressly disclaims to the fullest extent allowed by applicable laws, any and all liability for acts, omissions and conduct in connection with or related to your use of the Service and/or the Viu platform/mobile application, as well as the acts, omissions and conduct of any third parties (including Viu and its affiliates) in connection with or related to your use of the Service and/or the Viu platform/mobile application. In the event however that M1 is found to be liable under a court order, the limits of liability under M1 General Terms and Conditions shall apply.

  13. To the fullest extent allowed by applicable laws, in no event shall M1 be liable for any indirect, incidental, special, punitive, economic or consequential damages, losses, costs or expenses; or loss of revenue, profit, business opportunities, earnings or goodwill (whether direct or indirect) (collectively, “Losses”) whether based on warranty, contract, tort including negligence, strict liability under statute or otherwise, and whether or not M1 is advised of the possibility of such Losses suffered or incurred by you by reason of or in connection with the access or use of the Service and/or the Viu platform/mobile application.

  14. Without prejudice to the generality of Clause 2 above, you expressly acknowledge and agree that:
    1. the Service is provided for your personal and non-commercial use only;

    2. you shall not resell the Service to any other persons whether for profit or otherwise and you shall not charge other persons for use of the Service;

    3. you shall not decompile, modify, reverse engineer, reverse compile, or otherwise disassemble the Viu mobile application for the Service or otherwise attempt to learn the source code or algorithms underlying the mobile application;

    4. you shall not create derivative works from or based on the Viu mobile application and/or the Service; and

    5. the Viu mobile application for the Service (including without limitation any related services, features, functions, content or code contained therein) is proprietary to Viu and that Viu (and/or its licensors) retains all right, title, and interest in and to the Viu mobile application, including without limitation all rights in copyrights, patents, trademarks, trade secrets, know-how and other proprietary rights for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights, and you shall not challenge or dispute Viu’s (and/or its licensors’) ownership of, or rights in and to the Viu mobile application, or the validity of those rights.


  15. In addition to the grounds for suspension and termination as set forth in the M1 General Terms and Conditions, M1 may also terminate and/or suspend your account for the Service if as a result of factors beyond our control (including without limitation, acts of God, natural disaster, regulation or acts of government authorities (including removal of any applicable license and issuance of court order), fire, civil disturbance, strike, weather or failures by our suppliers or business partners), we are unable to provide the Service or the connection to our network. Further, without prejudice to any other rights or remedies available to M1, in the event your M1 mobile or broadband service account is suspended or terminated for any reason, M1 reserves the right at its sole discretion to suspend or terminate your subscription to the Service with immediate effect. Reactivation of the Service will be subject to service provisioning time and may be subject to applicable reactivation charges at the prevailing rates.

  16. To the fullest extent allowed by applicable laws, in no event shall M1 be liable for any indirect, incidental, special, punitive, economic or consequential damages, losses, costs or expenses; or loss of revenue, profit, business opportunities, earnings or goodwill (whether direct or indirect) (collectively, “Losses”) whether based on warranty, contract, tort including negligence, strict liability under statute or otherwise, and whether or not M1 is advised of the possibility of such Losses suffered or incurred by you by reason of or in connection with the access or use of the Service and/or the Viu platform/mobile application.

  17. M1’s registration guidelines, M1’s General Terms and Conditions and other applicable specific terms and conditions available at www.m1.com.sg which may be modified by M1 from time to time are deemed incorporated herein and shall apply to your access and use of the Service, as applicable. In the event of any conflict or inconsistency between the terms, such conflict or inconsistency shall, in the absence of any express agreement to the contrary, be resolved in a manner most favourable to M1, to the fullest extent permissible under applicable laws. M1 reserves the right to modify or revise these M1 Terms from time to time by notice to the Subscriber in such manner as M1 deems appropriate, which may include publication of such amended M1 Terms on www.m1.com.sg. Subscribers are encouraged to check back periodically to ensure that they are aware of any such amendments. The Subscriber's continued use of the Service will constitute his acceptance of these M1 Terms as may be amended.