- If there are any conflict of terms between the OTG TOU and the Website TOU, the order of applicability shall be the OTG TOU, then the Website TOU, followed by Your Astro Residential Subscription terms (if applicable).
- All definitions used in this OTG TOU shall be that as defined in the Website TOU unless otherwise defined in this OTG TOU.
- You agree that Astro reserves the right to amend, add, modify and vary the terms of the OTG TOU which Astro may notify You of and by continuing to use the OTG Service, You agree and accept the amendment, addition, modification and variation made.
- “Astro ID” shall mean the unique identifier of Your log in account that is provided to You upon successful registration, allowing You to access various interactive or online services made available by the Astro Group.
- “Content” shall mean any audio (including music, voice and sound), video, data, text, animation, graphics, photographs, artwork, and any combination of any of or all of the foregoing provided to You.
- “Device” shall mean personal computer, electronic tablet, mobile phone or similar device.
- “Personal Information” or “Personal Data” shall mean information collected by Astro from You including all information and details provided by You to Astro.
- “Intellectual Property Rights” shall mean patents, trademarks, service marks, trade names, registered designs, designs, copyrights and other forms of intellectual or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets and confidential information, and any other protected rights and assets, and any licenses and permissions in connection therewith, in each case in any part of the world and whether or not registered or registrable and for the full period thereof and all extensions and renewals thereof, and all applications for registration in connection with the foregoing.
- This OTG Service is made available for Your use provided You have registered for an Astro ID. Your Astro ID terms are as stipulated on the Website TOU.
- The Content on the OTG Service, may or may not require a fee to be paid prior to such Content is provided to You. If You are required to pay a fee for the Content, the charges and payment clauses in this OTG TOU shall apply to you.
- You shall only use or view the Content on the authorized Device for Your own personal and private use. You are prohibited from displaying the Content in a public place or a commercial establishment such as a pub, bar, restaurant, club or café.
- You are also prohibited from reselling the Content or charging any fee to any person to view the Content. You shall not, including without limitation, rebroadcast, reproduce, transmit, compress, modify, perform, display, record, duplicate, distribute, tamper, interfere, impose, remove, alter, add or delete the Content in any form whatsoever.
- You are 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 use of this OTG Service and the use of the Content is only permitted 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 Content may subject You to civil and criminal sanctions. Astro may from time to time launch new Content which You may want to purchase.
- You may purchase any new Content or may authorise any other person to do so in the Your household. You acknowledge that any person who has access to Your account may purchase such new Content and You will be responsible to pay for all such charges.
- Where You have been allowed to access Content that is similar to that as You have subscribed pursuant to your Astro account, then the term and conditions of Your Astro subscription shall also be applicable to You in addition to these OTG TOU.
4) Rights Reserved by Astro
- Astro shall be entitled at its sole discretion to revise the Content and any fees associated with the Content at any time and will use reasonable endeavours to notify You of such revisions.
- Astro reserves the right and shall be entitled at any time to:
- add, delete or make changes to the Content;
- add or substitute alternative or new Content;
- terminate or discontinue any of the Content;
- alter the number of Content and price of each Content;
- reduce the number of hours of broadcast of any of the Content;
- upgrade or update any software currently in use for the OTG Service;
- upload or download any data or information that may be transmitted via the OTG Service.
- Astro shall be under no liability whatsoever to You if any of the rights reserved in this clause 4 are exercised by Astro.
- If You are not agreeable to these OTG TOU or any amendments thereof, You should discontinue use of the OTG Service and the Content.
5) You represent, warrant, covenant and undertake with Astro that:
- You are eighteen (18) years of age or above and reside in Malaysia.
- The information provided by You for the Astro ID registration is accurate and truthful.
- The Content will be used solely for private viewing and the Content will not be displayed in a public place, hotel, pub, bar, restaurant, club, cafe or other commercial establishments. You will not resell the Content or impose any charge on others to view the Content, nor will You rebroadcast, reproduce, transmit, compress, modify, perform, display, record, publicly perform, duplicate, distribute, tamper, interfere, impose, remove, alter, add or delete the Content in any form whatsoever. You will not record, copy or reproduce the Content 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).
- You will immediately notify Astro of any change in the information provided during the Astro ID registration and any other information provided or communication made to Astro, including but not limited to information or communication in connection with the charging of Your credit card or debiting of Your bank account, as well as the discovery of any theft, piracy or other unauthorized usage of the Content (including usage of the Content outside Malaysia) or any fraud against Astro. In such cases, You shall report immediately to Astro when You discover any fraud, theft, loss, unauthorized use or any other occurrence of unlawful activities in relation to the Content and lodge a police report if required to do so and provide a copy of such police report to Astro.
- You consent to the use and processing by Astro of any and all of Your Personal Information for the purposes of (i) providing the OTG Service and the Content; (ii) marketing any products or services of Astro, its affiliates and/or Astro’s business partners, including any promotional campaigns; (iii) complying with any statutory or legal obligations; (iv) credit checking; and (v) any other activities which are ancillary to the OTG Service and Content.
- You also consent to the disclosure by Astro of any and all of Your Personal Information to (i) Astro’s affiliates; (ii) any telecommunications provider, technology provider which Astro has an arrangement with in connection with the provision of the OTG Service, and Content; (iii) Astro’s agents, auditors and advisers and those of Astro’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 services; and (vi) any entity or person, the disclosure to which is reasonably necessary or desirable for the provision of the OTG Service and Content. You also consent to the transfer by Astro of the Personal Information to locations outside Malaysia for any of the purposes set out above.
- Astro may also disclose Your Personal Information 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 Astro reasonably believes that it had a lawful right to disclose Your Personal Information to any third party or that it would have had the Your consent for such disclosure if You had known of the same; and/or if Astro’s disclosure to any third party is in the public interest.
- Your Personal Information will be obtained from You at the time Astro has requested your Personal Information or from existing Personal Data which had been collected by Astro previously.
- You may request for access to or correction of Your Personal Information or limit the processing of Your Personal Information at any time hereafter by submitting such request to Astro via letter to the “Regulatory Division” at the following address: Peti Surat 10335, 50710 Kuala Lumpur. Any inquiries or complaints with respect to Your Personal Information should also be channelled to Astro in this manner. Provision of all of Your Personal Information as may be requested by Astro is required for the processing of Your use of the Content. Failure to provide the same may result in Astro not being able to provide the Content to the Customer.
- You consent to Astro upgrading and/or updating the software currently used for the OTG Service at anytime at its sole and absolute discretion.
- You hereby agree to indemnify Astro and shall keep Astro 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 out of any of Your act or omission or any unauthorized use or exploitation of the OTG Service and Content.
6) Suspension and Termination
- Astro shall have the right, in its sole discretion and without notice, to suspend or terminate Your access to the Content without any liability to You at any time for any reason whatsoever if You breach any of the representations and warranties referred to above or any other term of this OTG TOU and the Website TOU, where in a circumstance in which Astro has been informed or is aware that that there is an offence and/or infringement committed under provisions of the Copyright Act 1987 (as amended from time to time).
7) Exclusion of Astro’s Liability.
- Astro is neither responsible nor liable to You for interruptions, suspension or termination of the OTG Service and Content for any reason whatsoever, whether or not within its control, including but not limited to the failure of power, telecommunication failures, transponders, satellite or satellite transmissions, satellite 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 the Content included in the Astro Services and any force majeure reasons.
- Astro will not be liable to You for any refunds of the fees paid, or any other claims or for any costs incurred by You in obtaining substitute services, nor for any loss of profits or business or other direct, special, indirect, incidental or consequential damages, even if Astro has been advised in advance that such loss may occur.
- Astro makes no warranties or representations whatsoever with respect to the Content included in the Astro Services, in particular Astro does not guarantee the sequence, accuracy, completeness, timeliness or the security of any data or information contained in the Astro Services and shall not be liable for any claim arising out of any act or omission by Astro or any act or omission by You, including claims for loss or damage, libel, slander, personal injury, damage to property or any other loss arising howsoever caused.
- The OTG Service are provided on “as is” and “as available” basis. You acknowledge that Your use of the OTG Service and any information obtained through the OTG Service shall be at Your own risk. Astro does not make any representation and disclaims any warranties of any kind in relation to the OTG Service including but not limited to availability, accessibility, timeliness or security of any content or information transmitted or obtained using the OTG Service or provided to You as part of the OTG Service. Astro 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.
- Astro neither guarantees nor warrants that the OTG Service will be free from any fault, error or interruption nor will Astro be liable for any inability to use or access the OTG Service, or for the interruption, delay or failure of the OTG Service.
- Astro will not be liable to You or any person claiming through You for any costs, loss 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 Astro had been advised of the possibility of such losses) due to any non-performance of Astro’s obligations including but not limited to:-
- use or inability to use or access the OTG Service for whatever reasons such as telecommunication failures, equipment failure or congestion in the OTG Service network, the quality of the OTG Service, information available or obtained via the OTG Service or arising out of any action taken in response to or as a result of such information available or obtained via the OTG Service;
- any upgrading or modification to the OTG Service as deemed necessary by Astro;
- any act, omission, error, default by Astro and/or Astro's affiliates, its officers, employees and agents in relation to the OTG Service;
- any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the OTG Service and any claims arising out of any act, omission, negligence or default by the Customer in relation to any part of the OTG Service;
- any interruption, suspension, termination, malfunction, unauthorized use, defect or loss of the OTG Service for any reason whatsoever;
- any loss, distortion or corruption of data arising out, or from the use, of the OTG Service;
- the use of any equipment which does not guarantee reliability and signal strength quality; and
- any inconvenience caused to the Customer.
8) Licence and Proprietary Rights
- The OTG Portal and the OTG App contain Intellectual Property Rights which is the property of Astro and/or has been licenced Astro. Astro and/or its licensors retain exclusive ownership to the Intellectual Property Rights.
- Subject to Your compliance with these OTG TOU, You are granted a limited, non-exclusive, non-sublicenceable, non-assignable, free of charge licence to use the OTG Portal and/or download the OTG App on an authorized Device.
- You agree not to sub-licence, sell, rent, assign, lease, export, import, distribute or transfer or grant to a third party any rights granted to You for such use.
9) Charges and Payment
- You agree that Astro may charge You fees in connection with Your use of the OTG Service and/or access to the Content.
- Such fees shall be paid prior to Your access to any Content via the payment channels provided to You.
- These OTG TOU are in addition to the Website TOU and Your Astro subscription terms (if applicable). Where there is a conflict of terms, the terms of this OTG TOU shall take precedence in so far as the conflict of terms.