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General Terms and Conditions for Unifi OTT App Subscription – Version 3.

0 (as updated on the September 2023)

GENERAL TERMS AND CONDITIONS


(For Unifi Over-The-Top (OTT) App Subscription)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU
SUBSCRIBE TO OTT APP BROUGHT BY UNIFI. THESE TERMS AND CONDITIONS ARE TO BE
READ TOGETHER WITH THE TERMS AND CONDITIONS FOR UNIFI HOME AND UNIFI TV PACKS
(AND ANY OTHER RELATED TERMS AND CONDITIONS). THIS GENERAL TERMS AND
CONDITIONS MUST BE READ TOGETHER WITH THE FAQ FOR OTT APP
https://activate.unifi.com.my/ott/lib/faq/faq.pdf . BY SUBSCRIBING TO THE UNIFI OTT APP, YOU ARE
DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED TO BE BOUND BY THE TERMS AND
CONDITIONS BELOW AND ANY OTHER RELATED TERMS AND CONDITIONS.

1. DEFINITIONS
1.1. In this Terms and Conditions, the following words and expressions shall have the following
meanings:

Content Access
means the right to access online entertainment audio-visual content via the respective OTT App
on compatible web, mobile devices and Android TV box;

“Eligible Subscribers”
means TM’s existing and new Unifi Home customers and/or any type of customers or subscribers
identified or referred by TM in the respective FAQ for the OTT App;

“Intellectual Property Rights”


means 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;

Over-the-Top (OTT) App (OTT App)


means the online streaming application for each OTT apps available in app and/or website
which offer entertainment audio-visual content, including, films and television shows, streamed
over the Internet through connected devices, including but not limited to the mobile application
or ‘app’, available through the Apple Store, Google Play Store or the Huawei App Gallery, and
smart televisions provided by the respective OTT App;

OTT App Provider


means the company who own, develop, provision and/or manage the OTT App;

“Subscription Period”
means the period of time when an Eligible Subscriber opts-in, subscribes or has the authorisation
to access to the OTT App available on TM’s platform;
General Terms and Conditions for Unifi OTT App Subscription – Version 3.0 (as updated on the September 2023)

“TM”
means TM Technology Services Sdn Bhd (formerly known as Webe Digital Sdn. Bhd.) (Company
No. 200201003726(571389-H)), a company incorporated in Malaysia having its registered
business at Level 51, North Wing, Menara TM, Jalan Pantai Baharu, 50672 Kuala Lumpur,
Malaysia, including any of its subsidiaries that is authorised to act on behalf of TM; and

Unifi TV Pack(s)” means any promotional pack and/or campaign in connection with the media
content of Unifi TV channels and OTT partners contents as determined by TM that is offered by
TM to its subscriber(s). The list of the Unifi TV Pack(s) is outlined in Appendix A of the General
Terms and Conditions for Unifi TV Pack(s) Subscription.

1.2. Words and expressions denoting the singular include plural numbers and word and expressions
denoting the plural shall include the singular number unless the context otherwise require.

1.3. Word denoting natural persons include bodies corporate, partnerships, sole proprietorship, joint
ventures and trusts.

1.4. The expression “him” or any other expressions appear herein shall be deemed to include the
masculine, feminine, plural thereof where the context so admits.

1.5. TM and the Eligible Subscriber may be collectively referred to as the “Parties” and individually as
the “Party” as the context may require. The Subscriber may also be referred to individually as “you”
and “yours” as the context may requires.

2. UNIFI – OTT APP SUBSCRIPTION (OTT App)


(i) The OTT App subscription available under TM platform is a content access i.e. online
streaming application offered by TM to all its Eligible Subscribers.

(ii) Eligible Subscribers may subscribe to the available OTT App available under TM platform, and
subject to the terms of their applicable subscription. Eligible Subscribers may opt to view the
OTT App via Unifi TV Box or download or watch the OTT content from the app itself.

(iii) As Eligible Subscribers, you will be offered access to the subscription service provided by the
respective OTT App to its subscribers to access to the OTT App for online entertainment
audio-visual content, including dramas, variety shows, animations, kid’s programmes, movies,
documentaries and news, streamed over the Internet during the Subscription Period through
connected devices, including but not limited to the mobile application or ‘app’, available
through the Apple Store, Google Play Store or the Huawei App Gallery, respectively, subject
always to the Terms and Conditions herein.

3. ELIGIBILITY
(i) Without prejudice to any specific terms under FAQ of the OTT App, all of TM’s existing and
new Unifi Home customers who currently subscribe to Unifi TV are eligible to opt-in or
subscribe to the OTT App as an additional subscription with their package.

(ii) Eligible Subscribers shall enjoy the Content Access provided by the OTT App concurrently on
multiple devices. The number of accessible devices is based on your subscription for OTT
App, subject to the terms and conditions of respective OTT App.
General Terms and Conditions for Unifi OTT App Subscription – Version 3.0 (as updated on the September 2023)

4. SUBSCRIPTION PERIOD
(i) Your Subscription Period will commence when you opt-in, subscribe, or has the authorisation
to access to the OTT App available on TM’s platform.

(ii) As Eligible Subscriber, you must ensure that your Unifi account is in active status with no
suspension or termination of service for any breach of any of TM’s terms and conditions
including failure to make prompt payment for the service, failing which, your Content Access
will automatically be deactivated.

5. SUBSCRIPTION FEE
(i) Monthly Subscription Fee shall be at the applicable rate as indicated in the FAQ for OTT App
https://activate.unifi.com.my/ott/lib/faq/faq.pdf or at such rates as may be published or
prescribed and informed or made available for viewing by TM from time to time at unifi TV’s
website https://www.unifi.com.my/tv .

(ii) The Subscription Fee will be automatically billed and reflected in your monthly Unifi bill.

(iii) The monthly Subscription Fee for the OTT App is subject to SST and Service Tax on Digital
Services (STOD) (if applicable).

6. PRE-REGISTRATION AND ACTIVATION OF OTT APP

(i) In order to enjoy the Content Access available for the OTT App, Eligible Subscriber with Unifi
TV Pack subscription may pre-register and/or activate the OTT App in accordance with the
following steps:
(a) Install the MyUnifi app on your mobile device or access the Unifi portal at
https://selfcare.unifi.com.my. Sign in using your registered email address. You have the
option to either pre-register or activate the streaming OTT App of your choice, as provided
on the webpage.;
(b) Navigate to "Account" in the interface and select the relevant Unifi Home account. Then,
choose "My Entertainment" to activate the OTT App of your choice.;
(c) Once the activation is successfully completed, You can start enjoying the OTT App on
either the Unifi TV Box or the app..
(d) If the OTT App is exclusively available for pre-registration, You will receive notifications
through SMS and/or email confirming your successful pre-registration, along with
additional information about how You can access the OTT App..

(ii) If the Eligible Subscriber is currently not subscribing to Unifi TV Pack(s), there are two (2) ways
to enjoy the OTT App offerings as per below:
(a) If you are not subscribing to any of Unifi TV Pack(s), you may subscribe to Ultimate Max
Pack/Ultimate Plus Pack/Ultimate Pack/Varnam Plus Pack/Aneka Plus Pack/Ruby Plus
Pack/Family Pack/Movies Pack/Kids Pack/Sports Pack via Unifi digital platforms at Live
Chat on www.unifi.com.my or MyUnifi app; or
(b) You may subscribe to the individual streaming app on special Unifi TV Pack(s) add-on or
a la carte basis via MyUnifi app or Unifi portal at https://selfcare.unifi.com.my.
General Terms and Conditions for Unifi OTT App Subscription – Version 3.0 (as updated on the September 2023)

(iii) Eligible Subscriber is allowed to activate the OTT App by using one (1) Unifi account only.

(iv) Eligible Subscribers may also visit Unifi TV website at https://www.unifi.com.my/tv for
instructions on how to activate and enjoy the Content Access upon subscription to the OTT
App.

7. YOUR REPRESENTATION AND WARRANTIES


(i) By subscribing to the OTT App via Unifi, you shall be deemed to have unconditionally accepted
all the Terms and Conditions herein.

(ii) You further agree to be bound by this Terms and Conditions and any of TM's decision with
regard to this offering and your subscription to any of TM’s products and services shall be final
and no correspondences on the dissatisfaction of such terms and conditions will be
entertained.

(iii) You hereby agree and acknowledge that by provision of the Content Access during the
Subscription Period to you, you shall be bound by the applicable terms and conditions set out
by the respective OTT App for the same, available for viewing at the respective OTT App
website (“OTT App Terms and Conditions”). In terms of any inconsistencies between these
Terms and Conditions and OTT App Terms and Conditions in regards to the provisions related
to the Content Access, the OTT App Terms and Conditions shall prevail to the extent of any
inconsistency.

(iv) You also agree to co-operate and comply with all reasonable requests by TM in connection
with your subscription to the OTT App and consents to receiving promotional, marketing, and
other publicity information from TM from time to time.

(v) You understand that your subscription to the OTT App is not transferable, exchangeable and
for resale. No cash alternatives will be offered in lieu of this offering.

(vi) Upon activation of the Subscription Period, you hereby agree to be the OTT App subscriber.

8. YOUR OBLIGATIONS
(i) Eligible Subscribers shall be liable for and shall promptly pay to TM, within the time period
specified in TM's bill for the subscription of the OTT App and enjoyment of Content Access, 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.

(ii) Eligible Subscribers hereby acknowledge and understand that the OTT App is provided by the
respective App and thus, TM has no control and has expressly disclaim any liability of
responsibility whatsoever for the content of any information transmitted or received by the
Eligible Subscriber while using the OTT App. By streaming the content through the OTT App,
Eligible Subscribers may encounter content that may be offensive, explicit, indecent,
inappropriate language, obscene, violent and/or objectionable. Eligible Subscribers hereby
agree to use the OTT App at their own risk and are entirely responsible in assessing the
content of the OTT App, including providing any parental guidance (if applicable). Eligible
Subscribers understand that the genres, categories, descriptions and/or types of the content
General Terms and Conditions for Unifi OTT App Subscription – Version 3.0 (as updated on the September 2023)

in the OTT App are provided for convenience and TM do not guarantee the safety and
accuracy of such content.

(iii) You may contact TM at Live Chat on www.unifi.com.my or MyUnifi app for any support and
assistance with regard to your Content Access.

9. RIGHTS
(i) TM reserves the right to vary, modify, cancel, terminate or suspend the OTT App offerings or
any part thereof with or without any prior notice and for any reason whatsoever.

(ii) For the avoidance of doubt, the alteration, modification, cancellation, termination or suspension
by TM and/or OTT App d on the OTT App offering or any part thereof shall not entitle the
Eligible Subscriber to any claim and/or compensation against TM (in cash or in kind) for any
and all loss or damage suffered or incurred by the Eligible Subscriber as a direct or indirect
result of the act of alteration, modification, cancellation, termination or suspension of the OTT
App offering.

(iii) TM reserves the sole and absolute right to reject application by any ineligible Unifi subscriber
that is deemed ineligible to subscribe to the OTT App and enjoy the Content Access.

10. SUSPENSION OR TERMINATION


(i) Any suspension of your Unifi service will result in the suspension of your Content Access.
Reactivation of your Content Access will only be done upon the reconnection of your Unifi service.

(ii) No replacement of your Subscription Period will be given for the period where your Unifi service
was being suspended.

(iii) In the event of a termination of your Unifi service, your Content Access will also be automatically
terminated.

(iv) Notwithstanding the above, in the event that you commit a breach or potential breach of any terms
herein, TM reserves the right to take necessary action including but not limited to termination or
suspension of your Content Access without compensation of any kind to you.

(v) TM shall take all reasonable effort to notify all Eligible Subscribers of any breach or potential
breach prior to such termination or suspension.

11. CANCELLATION, SUSPENSION OR DELAY


TM reserve the right to cancel, modify, suspend or delay the subscription to the OTT App in the
event of any unforeseen circumstances beyond their reasonable control. For the avoidance of
doubt, any cancellation, modification, suspension or delay by TM shall not entitle Eligible
Subscribers to any claim or compensation against TM for any and all loss or damage suffered or
incurred by the Eligible Subscriber as a direct or indirect result of the said act(s).

12. DISCLAIMER
General Terms and Conditions for Unifi OTT App Subscription – Version 3.0 (as updated on the September 2023)

(i) You acknowledge that no guarantees nor any warranties whatsoever are being provided that
the content in the OTT App or any information or data accessed by you will not contain the
following:
(a) any elements that is contrary to law including but not limited to elements which promotes
or encourages, theft, fraud, drug-trafficking, money-laundering or terrorism; or
(b) incites violence, sadism, cruelty or racial or religious hatred; or
(c) contains blatant bigotry; or
(d) promotes, encourages and/or facilitates prostitution, paedophilia and any unnatural acts
of a carnal nature; or
(e) contains nudity or is pornographic or excessively obscene, indecent, abusive, offensive
or menacing; or
(f) contains any element which may be and/or deemed offensive, obscene, upsetting,
seditious or defamatory to the subscriber. You 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.

(ii) No warranties are being provided that your Content Access, (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 you should not rely on anyone making such
statements.

(iii) No warranties whatsoever are being provided that any and all programs in the OTT App will
be broadcasted to Eligible Subscribers at all times.

(iv) By subscribing and using the OTT App, Eligible Subscribers agree to assume all the risks
relating to the defects, error, loss, malfunction, shortage, delay or discrepancy in, or destruction
of the equipment or accessories which is offered personally or directly by the OTT App and
its affiliates to the Eligible Customer and that TM will not be held liable for any promotions,
discount and/or voucher for any usage, content, equipment and/or accessories which is offered
by the OTT App to the Eligible Customer.

(v) Notwithstanding anything in contrary to this Clause 11 of this terms and conditions herein, TM
shall not be held responsible or liable for any damage and/or destruction to the Eligible
Subscribers’ devices (including but not limited to television, mobile phones, tablet, computers,
laptops and etc) due to the usage of the OTT App and the activation of the voucher, promo
and/or discounts offered by the OTT App. For any issues in relation to such situation, Eligible
Subscribers shall escalate and liaise directly with the OTT App as per the contact details
prescribed in the FAQ.

(vi) You understand and agree that the Content Access on “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 you for any
direct, indirect, consequential or special damages whatsoever suffered by you or any other
party relating in any way to the use of your Content Access or pursuant to any activities
contemplated under these Terms and Conditions.
General Terms and Conditions for Unifi OTT App Subscription – Version 3.0 (as updated on the September 2023)

13. INDEMNITY
(i) Notwithstanding anything to the contrary, you 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 your part, in the performance of or
failure to perform your obligations under this Terms and Conditions or in relation to your use
of the Content Access during the Subscription Period.

(ii) You 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
undertake 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 your costs.

14. EXCLUSION OF LIABILITY


By subscribing to the OTT App, you (or if you are the Eligible Subscriber's parent/legal guardian if
entrant is a minor below 18 years of age) agree that TM, and its employees, officers, directors,
shareholders, agents, representatives, parent companies, affiliates, subsidiaries, licensees,
advertising, promotion, fulfilment agencies and legal advisors shall not be liable in any way for any
losses or damages, rights, claims and/or actions of any kind (including but not limited to loss of
income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive, general
damages and/or special damages of any party including third parties) howsoever arising whether
in contract, tort, or otherwise including without limitation, personal injury, death, and property
damage, and claims based on publicity rights, defamation, or invasion of privacy, in connection
with the OTT App even if TM have been advised of the possibility of such damages in advance,
and all such damages are expressly excluded.

15. AMENDMENTS AND VARIATIONS


TM reserves the rights to change, amend, delete or add on to these Terms and Conditions at any
time without prior written notice and you hereby agree to be bound by such amendment(s).

16. EXTENSION TO THE UNIFI HOME TERMS AND CONDITIONS


(i) These Terms and Conditions are in addition to the General Terms and Conditions for Unifi
Home and your current terms and conditions of Unifi TV subscription available for viewing at
www.tm.com.my. 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.

(ii) For further information on the offerings and package details for the OTT App, Eligible
Subscriber may refer to the FAQ for OTT App https://activate.unifi.com.my/ott/lib/faq/faq.pdf.

(iii) By subscribing to the OTT App, Eligible Subscriber is hereby agreeing to accept and be bound
by each OTT App terms and conditions, terms of use and the applicable privacy policy or
notice.
General Terms and Conditions for Unifi OTT App Subscription – Version 3.0 (as updated on the September 2023)

17. FORCE MAJEURE


TM shall not 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, labour disputes, civil or military authority, pandemic, epidemic, sabotages, 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.

18. 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 subject to the exclusive jurisdiction of Malaysia courts.

19. 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, 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 hand delivery or courier, the next
business day after it has been delivered.

20. YOUR PERSONAL DATA AND INFORMATION


(i) 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.

(ii) By subscribing and/or activating and/or shall have the access or access to the OTT App and/or
to any Unifi TV Packs, Eligible Subscriber hereby agree to share their personal data for the
purpose of the OTT App subscription and/or activation. Further, Eligible Subscriber hereby
consented for TM to share the personal data, to the OTT App Provider and/or its authorised
agents or affiliates (if applicable) for purposes relevant and necessary for the provision of the
OTT App to the Eligible Subscriber, including but not limited to activation of the OTT App, re-
targeting reminders to activate the OTT App, direct marketing, and promotional purposes, and
shall be subjected to each OTT App terms and conditions and the privacy policy of the OTT
App Provider.

(iii) Eligible Subscriber hereby confirm and consent to the processing of the personal information
in accordance with TM Privacy Notice as available on TM’s website
at https://home.unifi.com.my/sites/default/files/page/assets/pdf/privacynotice.pdf.

21. SEVERABILITY
If any provision herein contained should be found invalid, illegal or unenforceable under any
applicable law, the legality and enforceability of the remaining provisions shall not be affected or
impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
General Terms and Conditions for Unifi OTT App Subscription – Version 3.0 (as updated on the September 2023)

22. INDULGENCE AND WAIVER


(i) No delay or indulgence by TM in enforcing any terms of this Terms or Conditions or granting
of time by TM to the Eligible Subscriber shall prejudice the rights or powers of TM under this
Terms and Conditions or at law.

(ii) Failure by TM to exercise any part or all of its rights under this Terms and Conditions or any
partial exercise shall not act as a waiver of such right nor shall any waiver by TM of any breach
constitute a continuing waiver in respect of any subsequent or continuing breach.

23. BRIBERY, CORRUPTION, FRAUDULENT ACTS AND INDUCEMENT


(i) Eligible Subscribers hereby warrant and undertake to comply with all applicable laws in
Malaysia and, to the extent that it is relevant, any other jurisdiction in respect of bribery,
corruption and/or fraudulent acts including to comply with TM anti-corruption policies and
procedures in the course of performing and/or carrying out their obligations under and/or in
connections with this Terms and Conditions.

(ii) Notwithstanding any provision of this Terms and Conditions, TM shall have the right to
terminate this Terms and Conditions with immediate effect by written notice to the Eligible
Subscribers if it learns that the Eligible Subscribers has breached any of the terms set out in
this clause and/or the Eligible Subscribers is found to have committed bribery, corruption
and/or fraudulent acts prohibited under the applicable laws in Malaysia and, if applicable, any
other jurisdiction in the course of performing and/or carrying out its obligations under and/or in
connection with this Terms and Conditions.

(iii) Eligible Subscribers shall be liable for losses, damages, costs and expenses incurred by TM
as a result of such termination (“Losses”) based on sub-clause 23 (ii) above. Eligible
Subscriber shall indemnify and render TM harmless from such Losses and to the extent such
Losses are actual damages.

24. ORDER OF PRECEDENCE


By subscribing to the OTT App brought by TM, Eligible Subscribers are deemed to have read,
understood, accepted and agreed to be bound by the following terms and conditions:

a) General Terms and Conditions (for Unifi Over-The-Top (OTT) App Subscription)
https://activate.unifi.com.my/ott/lib/tnc/tnc.pdf ;
b) General Terms and Conditions for Unifi TV Packs Subscription
https://activate.unifi.com.my/ott/lib/tnc/packtnc.pdf and
c) Respective OTT App Terms and Conditions within FAQ for OTT App.

25. CONTACT INFORMATION


For any inquiries, clarification, report, complaint, questions, comments or suggestions, Eligible
Subscribers contact TM’s representative via TM digital platforms at live chat on www.unifi.com.my
OR MyUnifi app live chat.

{End of Clause}

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