OSN Retail Box Terms and Conditions
Reference in this Contract to “you” or “your” are to the Customer and “we” or “us” or “our” are to “OSN UAE”.
Address: the address of your private residence in the Territory which you have notified to us in the location and contact details section of the Activation Portal above.
Activation Portal: the internet portal whereby you fill all the necessary details in order to activate the Device and receive the Services. The filled and completed form of the Activation Portal accompanying this Contract containing the details to be completed and signed by you and setting out personal information, location and contact details, the Device identification details
Channels: means the pay TV channels we may include in any Package and/or any bonus or additional channels we may offer.
Commencement Date: the date OSN UAE activates the Services.
Conditions: the terms and conditions set out in this document entitled “OSN Activation Terms and Conditions” as amended or varied from time to time in accordance with these terms and conditions.
Contract: the completed Activation Portal and the Conditions and any other documentation referred to in the Activation Portal or the Conditions.
Customer: the person whose details are set out in the Activation Portal.
Devices: any authorized receiver decoder set-top-box you purchase in order to receive the Services and which you register afterwards through the Activation Portal in order to enable receipt of the Services.
IP Address: a numerical label assigned to each device (e.g., computer, printer) participating in a computer network that uses the Internet Protocol for communication.
IP Spoofing: the creation of Internet Protocol (IP) packets with a forged source IP Address, called spoofing, with the purpose of concealing the location or identity of the sender or impersonating another computing system.
OSN UAE: Gulf DTH FZ-LLC a limited liability company incorporated in accordance with Dubai Technology and Media Free Zone Private Companies Regulations, issued on 9 April 2003 under commercial license number 30993, with registered office at OSN Building, PO Box 50221, Dubai Media City, United Arab Emirates.
OSN Website: the website owned and/or controlled by OSN UAE with the current URL address www.osn.com, in addition to any other page or portal that is under the said domain name, or as may be amended by OSN UAE from time to time.
Package: any of the pay TV channel package options we offer as part of the Services upon your purchase of the Device. The Package shall be detailed in the leaflets and guides accompanying your purchased Device and a Package is always exclusive of any free-to-air channel that may be accessible through the Device.
Plugins: in computing, a plug-in (or plugin) is a set of software components that adds specific abilities to a larger software application.
Services: means the limited access to the Package and the open access to the free-to-air channels.
Term: means with respect to the Package the limited non-renewable duration of access thereto as detailed in the leaflets and guides accompanying your purchased Device. The Term shall not cover the open access to the free-to-air channels available to you as part of the Services.
Territory: means the country named in the Activation Portal.
2. The Service
(a) This Contract shall become effective and shall be binding on you and us from the moment on which you click to accept these Conditions.
(b) We shall provide the Services to you for the Term subject to the Conditions, and to you fulfilling any set up, payment or activation requirements that may be necessary to allow OSN UAE to provide you access to Services.
(c) This Contract shall only entitle you to use the Services at the Address in the Territory only. Your right to use the Services is personal to you and may not be sold, leased, transferred, accessed or used other than as set out in this Clause.
(d) Where you elect to upgrade to a standard OSN subscription you shall be doing so on the basis of a separate contract with different terms and conditions and, the terms of this Contract will no longer apply and, you shall no longer be eligible to access the Services under these Conditions.
(e) We may contact you to inform you of special promotional offers or initiatives from time to time. Any special promotional offers may not be used in conjunction with any other offer from OSN UAE. OSN UAE reserves the right to amend or cancel any special promotional offers for any reason at any time.
(f) The Services shall be performed by OSN UAE out of the United Arab Emirates.
3. Your Package
(a) The Channels that we provide as part of the Services are primarily supplied to OSN UAE by third parties. OSN UAE accepts no responsibility for the availability of the Channels, and the availability of content on such Channels.
(b) We can, at any time without prior notice (i) replace or withdraw advertised or other content (ii) change or reduce the number of hours of any Channel's broadcast (iii) encrypt or unencrypt any Channel (iv) vary or withdraw any Channel and/or (v) vary or withdraw your Package
(c) We will carry out upgrade services to your Package within forty eight (48) hours of receipt of such request, provided the contract terms and payment terms relating to such upgrade or service request are met by you.
4. Our Liability
Neither we, nor any OSN UAE group company will be liable under this Contract for:
(a) any fault (howsoever caused) in any equipment you may use to access/receive the Services ;
(b) our failure to provide the Services caused by events outside of our reasonable control;
(c) any bugs or content that might be harmful for the proper functioning of equipment as a result of you accessing the Services;
(d) any charges or other fees payable by you to any internet service provider for use of the internet as may be required to access the Services;
(e) your inability to use the Services, where applicable, as a result of your failure to gain access to the satellite signal or the internet whether through an inadequate equipment, internet connection, insufficient bandwidth, or otherwise; and
(f) any loss or damage caused by employees of OSN UAE or our subcontractors in circumstances where:
(i) there is no breach of a legal duty of care owed to you by us or any of our employees or subcontractors;
(ii) such loss or damage is not a direct or reasonably foreseeable result of such breach; or
(iii) any increase in loss or damage results from a breach by you of any terms of this Contract or the Conditions.
5. Intellectual Property
(a) All present and future copyright, trademarks, design rights, patents, and any other intellectual property rights (registered and unregistered) in and on the Service is owned and/or controlled by OSN UAE. Nothing in these Conditions grants you a right or license to use any trade mark, design right, patent, or copyright material owned or controlled by OSN UAE or any other third party except as expressly provided in the Conditions.
(b) You must not and you may not assist anyone to, or attempt to, reverse engineer, decompile, disassemble, adapt, modify, copy, distribute copies, download or attempt to engage in IP Spoofing and/ or hacking to access the Service or to reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, commercially exploit, transmit or relay any part of the content or Channels provided to you as part of the Services. You may only use the Service for private use and it must not be accessible by the general public or in a communal viewing area.
(c) You may not directly or indirectly charge others for accessing, viewing or listening to any of the content and/or Channels provided to you as part of the Services, or commercialize or attempt to re-sell the content and/or Channels provided to you as part of the Services in any way, which includes advertising or selling any goods and services which offer the content and/or Channels provided to you as part of the Services.
(d) In the event that we are able to identify you as the source of any illegal copying or unauthorized reception of content and/or Channels delivered to you as part of the Services , OSN UAE shall be authorized without notice to (i) suspend and/or terminate this Contract; and (ii) co-operate with (including by providing your details, your Address and/or details) any owner/licensor of intellectual property in the illegally copied content and/or Channel for the purpose of prosecution of such offence.
(e) We may disable or alter all or some functions of your Services to prevent you from copying certain programs in order to prevent the unauthorized copying of such Services. If your Services allow copying of these materials, then at our sole and absolute discretion and without prior notice or warning, we may prevent you receiving the Services or any part of the Services.
(f) Any breach of this Clause 5 may infringe the intellectual property of third parties in the content and/or Channels provided as part of the Service. You will be responsible for any claims made against us for losses we may suffer as a result of actual or claimed intellectual property infringement committed by you or any other person using the Services, and you hereby indemnify us to the full extent against any such losses.
(g) We hereby reserve all rights we have at law and under the terms of this Contract in respect of any intellectual property infringement specified in this Clause 5.
6. Parental Guidance
(a) You confirm you are 18 years of age or older.
(b) The Services you have chosen may contain programming or other content you consider unsuitable for young audiences. If you permit a child to access, view or listen to the content of the Services you are solely responsible for deciding whether or not that programming and/or other content is appropriate for that child to view and OSN UAE shall not be liable for that decision. You agree that your use of the Services shall be your responsibility and shall be subject to these Conditions.
(a) Any member of the OSN UAE group of companies may use, process, transfer and/or share the information you provide, the data collected from your use of the Services, and/or other information it holds about you for the purposes set out below. The information we may hold about you includes, but is not limited to: i) information you have provided to us, including via the OSN Website; ii) information about OSN UAE products and services you have ordered or enquired about; iii) information we collect using cookies stored on your Device about your use of the OSN Websites; iv) your IP Address or MAC address; and/or v) information from the Devices you use and how you use them to receive OSN UAE content, products and services, for example, the collection of diagnostic information.
8. Changes to your Contract
(a) OSN UAE may vary this Contract at any time (i) where it is reasonable to do so and/or (ii) to add or vary terms applicable to any special promotional offers we may grant to you. You agree that we may give you notice of such variation or amendment by any means (at our sole discretion) including, without limitation, by publishing the revised terms on the OSN Website or by SMS or by message to any Device you use to access/receive the Services and you agree that such notice is sufficient to give effect to the amendment or variation.
(b) The terms of your Contract will be deemed amended to reflect any additional Services you elect to take from OSN UAE as contemplated by these Conditions. You agree that we are entitled to rely on any form of instruction from you (including, without limitation, verbal instructions) as binding confirmation of your election to take additional Services from OSN UAE and to make additional Subscription Payments to OSN UAE in relation to such Services.
9. Transfer of Contract
(a) OSN UAE reserves the right to partly or wholly transfer, novate and/or assign the rights and/or the obligations under this Contract to a third party at any time during the Term and without notice. You may not transfer, novate and/or assign your rights or obligations, or any part of them, under this Contract to any third party without express written consent from OSN UAE.
(b) This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to Clause 9(a) above.
(a) This Contract is valid for the Term subject to our right to terminate without notice and with immediate effect, at our sole discretion.
(b) If OSN UAE terminates this Contract prior to the expiry of the Term for reasons other than your breach of the Conditions or early cancellation (see Clause 10(c) below), OSN UAE will not be liable to reimburse you any amount of any pre-paid payments you have performed in order to receive the Services.
(c) This Contract cannot be terminated by you at any point during the Term.
(d) If this Contract is terminated prior to expiry of the Term due to your breach of the Conditions we shall not be obliged to refund any payments made by you .
(e) Upon termination of this Contract your access to the Services will immediately cease.
(f) Certain promotions offered by OSN UAE from time to time may have a minimum term commitment. If you cancel the Services or any part of them before completion of the relevant minimum term commitment, you may be required to pay early cancellation fees in accordance with said granted promotion’s terms and conditions.
You acknowledge that the provision of unauthorized access to the Service or distribution of the Channels through any means is an illegal act that causes OSN UAE considerable damage. In the event that OSN UAE determines that you are or were engaged in any unauthorized access to the Service /distribution of the Channels, OSN UAE is authorized to immediately terminate your access to the Services. In the event OSN UAE terminates your access to the Services due to piracy:
(a) OSN UAE will remain authorized to charge your credit card (if any) and any other payments due under the Contract for the remainder of the Term, which you agree is reasonable. Under no circumstances will you be refunded any amounts if your Service is terminated due to your engagement in the unauthorized access to Services and/or distribution of Channels.
(b) In addition, OSN UAE reserves the right to seek reasonable compensation equivalent to a minimum of US$1,200 for damages incurred as a result of each individual piracy act directly linked to your actions, including automatic charges to your credit card (if available) to recoup compensation for the redistribution of Channels or other content or any other copyrighted materials, such amount being a genuine pre-estimate of the losses OSN UAE has suffered as a result of your piracy act; and/or
(c) OSN UAE reserves the right to refer you to the relevant authorities for criminal prosecution, including imprisonment and fines, in accordance with the law or to take any other action that is legally available to compensate OSN UAE for your actions.
12. Law and Jurisdiction
(a) This Contract and any dispute or claim arising out of or in connection with it is governed and shall be construed in accordance with the laws and regulations in force in the Dubai international Financial Center (DIFC). This Contract shall be subject to the exclusive jurisdiction of the DIFC Courts.
(b) Notwithstanding the foregoing, either party to this Contract shall have the right to apply to any court of competent jurisdiction for provisional relief, a temporary restraining order, temporary injunction, permanent injunction and/or order of specific performance, as may appear reasonably necessary to preserve the rights of either party.