NJOI NOW TERMS OF USE

1) Acceptance of the Terms of Use

  1. The NJOI Now Service (“NJOI Now Service”) is a service that is provided to You, by MEASAT Broadcast Network Systems Sdn Bhd (“Astro”), whereby Astro is offering You a selection of Content for viewing via the Video Player. The Video Player is made available on the NJOI Now Portal (“NJOI Now Portal”) at njoinow.com and/or the NJOI Now Application (“NJOI Now  App”) made available for download from the App Store and Google Play, and is subject to these Astro NJOI Now  Terms of Use (“NJOI Now  TOU”).
  2. By accessing and using the NJOI Now Service for the Content you agree to be bound by these NJOI Now TOU and the NJOI Website Terms of Use (“Website TOU”) found at https://www.astro.com.my/njoimobile/termsandconditions, the Astro Privacy Policy (“Privacy Policy”) found at http://www.astro.com.my/portal/privacy-policy-2/index.html and the Astro Privacy Notice (“Privacy Notice”) http://www.astro.com.my/portal/privacy-notice/index.html .
  3. Such agreement to be bound to the aforementioned NJOI Now TOU, Website TOU, Privacy Policy and Privacy Notice, shall form the contract between You and Astro.
  4. Unless otherwise defined in this NJOI Now TOU, capitalized terms herein shall have the same meaning as prescribed in the Website TOU.
  5. Astro reserves the right to, from time to time, amend, add, modify and vary the terms of the NJOI Now TOU. Astro shall use reasonable endeavours to notify You of such amendments, additions, modifications and variations, changes, cancellation, termination, withdrawal or suspension. By continuing to use the NJOI Now Service, You agree and accept the amendment, addition, modification and variation made. In the event that there are substantial amendments, additions, modifications or variations made to these NJOI Now TOU by Astro to which You are not agreeable, You are at liberty to discontinue the use of the NJOI Now Service and Content by giving Astro SEVEN (7) days' prior notice.
  6. “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.
  7. “Astro Payment Gateway” shall mean the payment gateway platform owned by Astro which facilitates payment transaction processes.
  8. “NJOI Subscription Account” shall mean the subscription account that is created pursuant to your subscription of the Service and/or Astro Services as described in the General Terms & Conditions For Astro Services or the General Terms & Conditions for Astro IPTV Service or the Astro FreeSat Terms & Conditions, whichever shall be applicable to You (the “Subscription Terms and Conditions”).
  9. “Carrier Bill” shall mean the payment option for the NJOI Now Services and/or the Content to be charged to Your telco service account with a telco service provider.
  10. “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.
  11. “Device” shall mean personal computer, electronic tablet, mobile phone, media streaming device, smart tv’s or any similar devices.
  12. “Downloadable Content” shall mean Content made available to You for download and to be played back at a later time on the Registered Device.
  13. “IN-APP Purchase” shall mean the function which allows you to add on and/or purchase features on Your NJOI Now App. Payment for the IN-APP Purchase can be made using the Astro Payment Gateway or added to Your Astro Service bill to be paid or via Carrier Bill.
  14. “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.
  15. “Personal Information” or “Personal Data” shall mean personal information collected by Astro from You including all information and details provided by You to Astro.
  16. “Video Player” shall mean the program that allows the playback of audio video formats and/or files.

2) Access to the NJOI Now Service and Registration for Astro ID

  1. This NJOI Now Service is made available for Your use and access to a selection of Content. You may use an Astro ID or Your Facebook account to log in. Your use of and access to Content may be limited if you do not have an Astro ID of a Facebook account.
  2. You may opt to register for an Astro ID or use your Facebook account to facilitate the creation of an Astro ID to access more Content. Registration for Astro ID is permissible even if You do not have an Astro Subscription Account. Registration of a Facebook account will be subject to the terms and condition of Facebook and Astro bears no responsibility and/or liability to You in any way whatsoever for such registration with Facebook.
  3. If You have an Astro Subscription Account, You will be required to link Your Astro ID with either your Astro Smart Card number or Astro Subscription Account number during the registration process. Each Astro Subscription Account is only allowed to have one Astro ID, regardless if you have multiple Astro Smart Cards.
  4. Your Astro ID can be used on any number of Devices as determined by Astro from time to time (“Registered Devices”). The simultaneous use of the Astro ID on multiple Registered Devices for playback of any Content is allowed but may be restricted up to a maximum number as indicated by Astro from time to time. You are allowed to update Your list of Registered Devices once a month.

3) Terms of Use of NJOI Now Service

  1. You may or may not be required to pay a fee prior to the Content on the NJOI Now Service being provided to You. If You are required to pay a fee for the Content, the charges and payment clauses in these NJOI Now TOU shall apply to You.
  2. The Content is licensed to you on a non-exclusive basis for personal and non-commercial purposes only. You shall only use or view the Content on the Registered Device for Your own personal and private use. You are prohibited from displaying the Content in public places or commercial establishments such as hotels, restaurants, public houses, clubs or cafés.
  3. You are also prohibited from reselling the Content or charging any fee to any person to view the Content. You shall not use the Content in any way or manner that is not expressly authorised under these NJOI Now TOU, including without limitation, rebroadcast, reproduce, transmit, compress, modify, perform, display, record, duplicate, distribute, tamper, interfere, impose, remove, alter, add or delete the Content or any part thereof.
  4. The Video Player used for this NJOI Now Service may be proprietary to Astro or licensed to Astro. To the maximum extent permitted under applicable law, You will not modify, enhance, remove or interfere with the Video Player in any way. This includes disabling, reverse engineering, altering the underlying technology, any digital rights management mechanism, device or other content protection or access control measure embedded into the Video Player.  
  5. The access and viewing of the Content is for Malaysia, and reception outside Malaysia may constitute a violation of international copyright and other laws. In certain circumstances, Astro may have cleared certain rights for selected Content for Your access and viewing outside of Malaysia.
  6. Theft, fraud, piracy or other unauthorised usage of the Content may subject You to civil and criminal sanctions.
  7. 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 using Your Astro Subscription Account/Astro ID. You acknowledge that any person who has access to Your Astro Subscription Account/Astro ID may purchase such new Content and You will be responsible to pay for all such charges or fees associated with it.
  8. The purchase of the new Content will also be made available via IN-APP Purchase on the NJOI Now App.
  9. There shall be no refund for all purchase of any Content.
  10. Downloadable Content shall be subject to a limited time for playback as indicated by Astro. Such limited time shall be calculated from the time the Content is successfully downloaded. Where a charge is imposed for such Downloadable Content, the charges and payment clauses in these NJOI Now TOU shall apply.
  11. Where Astro allows you to perform functions to share posting on any social media platform that is tied to the NJOI Now Service and/or NJOI Now App, You shall be solely responsible and liable for such postings and will indemnify Astro to the fullest extent permissible under applicable law for any damage or loss suffered by Astro by your conduct on the social media platform.
  12. From time to time Astro may offer selected Content on “Free Trial” basis. If you had opted to receive the selected Content that is on “Free Trial”, Your failure to cancel the access to such selected Content prior to the expiry of the “Free Trial” period would mean that You agree to the subscription of such Content and you will be subject to any charges that Astro may impose.

4) Content Access for Astro Account Subscribers

  1. If You have an existing Astro Subscription Account, some of Your access to the Content on the NJOI Now Service may be dependent on Your subscribed service pursuant to Your Astro Subscription Account.
  2. Where You have been allowed to access Content that is similar to that as You have subscribed pursuant to your Astro Subscription Account, then the terms and conditions of Your Astro Subscription Account shall also be applicable to You in addition to these NJOI Now
  3. Where there is any conflict between the terms contained in the NJOI Now TOU and the terms in Your Astro Subscription Account with regard the use of the NJOI Now Service, the order of applicability shall be the NJOI Now  TOU, followed by the terms in Your Astro Subscription Account.

5) Rights Reserved by Astro.

  1. 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.
  2. Astro reserves the right and shall be entitled at any time to:
    1. add, delete or make changes to the Content;
    2. add or substitute alternative or new Content;
  1. alter the number of Content and price of each Content;
  2. reduce the number of hours of broadcast of any of the Content;
  3. upgrade or update any software currently in use for the NJOI Now Service;
  1. To the maximum extent permitted under applicable law, Astro shall be under no liability to You for any loss, damage, action, claims and liabilities whatsoever, including, without limitation, special, indirect, consequential damages or loss of revenue, howsoever arising in connection with the exercise of the rights reserved in this clause 5 by Astro.
  2. If You are not agreeable to these NJOI Now TOU or any amendments thereof, You should discontinue the use of the NJOI Now  Service and the Content.

6) You represent, warrant, covenant and undertake with Astro that

  1. You are eighteen (18) years of age or above.
  2. The information provided by You for the Astro ID registration is accurate and truthful.
  3. The Content will be used solely for personal and private viewing and the Content will not be displayed in public places or commercial establishments such as hotels, restaurants, public houses, bars, restaurants, clubs or cafés. You will not resell the Content or impose any charge on others to view the Content, nor will You use the Content in any way or manner that is not expressly authorised under these NJOI Now TOU, including without limitation, 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 also not tamper, interfere, remove, alter, add or delete any digital rights management mechanism, device or other content protection or access control measure associated with the Content including geo-filtering mechanism. You will not record, copy or reproduce the Content or any part thereof other than solely for the purpose of domestic, personal and private use and viewing as permitted by the Copyright Act 1987 (as amended or replaced from time to time).
  4. 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 unauthorised usage of the Content (including usage of the Content outside Malaysia where not authorised) or any fraud against Astro. In such cases, You shall report immediately to Astro when You discover any fraud, theft, loss, unauthorised 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.
  5. You consent to the use and processing by Astro of any and all of Your Personal Information for the purposes of (i) providing the NJOI Now 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 NJOI Now  Service and Content.  
  6. 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 NJOI Now 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 NJOI Now  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.
  7. 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.
  8. 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.
  9. 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 in writing via registered post to the “Personal Data Protection Officer” at MEASAT Broadcast Network Systems Sdn Bhd, Peti Surat 10148, 50710 Kuala Lumpur or by email to pdpo@astro.com.my. 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 You.
  10. You consent to Astro upgrading and/or updating the software currently used for the NJOI Now Service at anytime at its sole and absolute discretion.
  11. 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 unauthorised use or exploitation of the NJOI Now Service and Content.

7) Suspension and Termination.

  1. 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 NJOI Now 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).

8) Exclusion of Astro’s Liability.

  1. Astro is neither responsible nor liable to You for interruptions, suspension or termination of the NJOI Now Service and Content for reasons which are not caused by Astro and/or is  beyond Astro's reasonable 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 NJOI Now  Services and any force majeure reasons.
  2. 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.
  3. Astro makes no warranties or representations whatsoever with respect to the Content included in the NJOI Now Services, in particular Astro does not guarantee the sequence, accuracy, completeness, timeliness or the security of any data or information contained in the NJOI Now  Services and shall not be liable for any claim arising out of any act or omission by a third party 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.
  4. The NJOI Now Service are provided on “as is” and “as available” basis. You acknowledge that Your use of the NJOI Now  Service and any information obtained through the NJOI Now  Service shall be at Your own risk. Astro does not make any representation and disclaims any warranties of any kind in relation to the NJOI Now  Service including but not limited to availability, accessibility, timeliness or security of any content or information transmitted or obtained using the NJOI Now  Service or provided to You as part of the NJOI Now   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.
  5. Astro neither guarantees nor warrants that the NJOI Now Service will be free from any fault, error or interruption nor will Astro be liable for any inability to use or access the NJOI Now  Service, or for the interruption, delay or failure of the NJOI Now  
  6. Astro will not be liable to You or any person claiming through You for any costs, loss or damages (whether direct or indirect, other than losses due to Astro's negligence), 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:-
    1. use or inability to use or access the NJOI Now Service for whatever reasons such as telecommunication failures, equipment failure or congestion in the NJOI Now  Service network, the quality of the NJOI Now  Service,  information available or obtained via the NJOI Now  Service or arising out of any action taken in response to or as a result of such information available or obtained via the NJOI Now  Service;
    2. any upgrading or modification to the NJOI Now Service as deemed necessary by Astro;
  1. any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the NJOI Now Service and any claims arising out of any act, omission, negligence or default by You in relation to any part of the NJOI Now Service;
  2. any interruption, suspension, termination, malfunction, unauthorised use, defect or loss of the NJOI Now Service for any reason whatsoever;
  3. any loss, distortion or corruption of data arising out, or from the use, of the NJOI Now Service;
  1. For the avoidance of doubt, the provisions under this clause 8 shall only be applicable to the maximum extent permitted under applicable laws.

9) Licence and Proprietary Rights

  1. The NJOI Now Service, the NJOI Now Portal and the NJOI Now App contain Intellectual Property Rights which is the property of Astro and/or has been licensed to Astro. Astro and/or its licensors retain exclusive ownership to the Intellectual Property Rights.
  2. Subject to Your compliance with these NJOI Now TOU, You are granted a limited, non-exclusive, non-sublicenseable, non-assignable, free of charge licence to use the Video Player on an Registered Device.
  3. 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.

10) Charges and Payment

  1. You agree that Astro may charge You fees in connection with Your use of the NJOI Now  Service and/or access to the Content and/or IN-APP Purchase.
  2. Such fees stipulated in 10) a. shall be due either prior to Your access to the NJOI Now  Service or any Content and can be paid via (i) the Astro Payment Gateway or (ii) charged to Your Astro Subscription Account or (ii) charged to the Carrier Bill .
  3. Where such fees are charged to Your Astro Subscription Account, then the payment terms of Your Astro Subscription Account shall be applicable.
  4. For IN-APP Purchase, You agree that you are bound by the terms and conditions of the payment channels you elect.
  5. The NJOI Now  TOU relating to online payments are subject to change at any time. Each transaction shall be subject to the then current terms and condition.
  6. All fees charged in connection with Your use of the NJOI Now  Service and/or access to the Content are subject to a 6% Goods and Services Tax effective 1 April 2015.

11) General

  1. These NJOI Now TOU are governed by and construed in accordance with Malaysian laws. These NJOI Now TOU shall govern your use of the NJOI Now Service and all disputes that You may have with this NJOI Now Service shall be settled in accordance with these NJOI Now TOU.
  2. THIS CONTRACT IS SUBJECT TO A COOLING OFF PERIOD OF TEN WORKING DAYS commencing on the day after the date of making the contract. You shall have the right to rescind (under the Direct Sales and Anti-Pyramid Scheme Act 1993) this contract based on these NJOI Now TOU before the expiry of the cooling-off period of ten working days.

12) Severance

If any provision or part-provision of this NJOI Now TOU is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this NJOI Now TOU.

 

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