OSN Customer Terms and Conditions (“Conditions”)
The following are the Conditions of your OSN Subscription Contract. This contract is between the OSN company detailed in the Application Form (“OSN”) and you as detailed in the Application Form (the “Customer”). In order to receive the Pay TV services as detailed in the Application Form you agree to abide by the following Conditions. Reference in this Contract to “you or “your” shall refer to the customer and “we” or “us” or “our” shall be read as reference to “OSN” or our companies, Showtime or Orbit, in instances where it references previous contracts, equipment or services. This Contract supersedes and replaces any previous contract with Showtime or Orbit at any time in the past.
In this Contract:
Additional Conditions: additional terms which vary or supplement these Conditions with respect to the MyOSN account created pursuant to acceptance of these Conditions . If so, these Additional Conditions will be set out at your point of access to your MyOSN Account.
Address: means the address of your private residence in the Territory which you have notified to us in the Application Form or in the case of your MyOSN account shall mean such devices that are connected to the internet and which are authorized by virtue of a valid OSN subscription and the consequent creation of a MyOSN Account. OSN at its sole discretion may vary the number of devices that may be linked to a MyOSN Account at any time.
Application Form: means the application form accompanying this Contract and which shall be deemed to form part of the Conditions
Cancellation Fee: means the amount payable to OSN upon early termination as specified on the Application Form
Channel(s): the television and/or internet content we may include in any of the OSN program packages and the a la carte and PPVchannels and online content we may offer during the Term. The Channels and content available on television and /or the internet may vary.
Commencement Date: means the date OSN activates the Smart Card to enable you to receive the Service.
Conditions: the terms and conditions of this Contract as we may amend from time to time or as otherwise varied or added to by the terms of any special offer we may grant to you or any additional service you may elect to take from OSN and as otherwise set out below and in the Application Form. The term Conditions shall include any Additional Conditions.
Contract: this contract incorporating the Conditions, made between you and us authorizing you to receive the Service for private viewing at your Address.
IANA :The Internet Assigned Numbers Authority (IANA) is the entity that oversees global IP address allocation
IP Address : An Internet Protocol address (IP address) is 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 refers to 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.
Equipment: means the Set Top Box, Smart Card, satellite dish and related equipment (or any of them) supplied to you by OSN for the duration of the validity of your subscription to the OSN Services and their use and return are governed by the terms of the Application form.
Minimum Term: means the period from the Commencement Date or the period of the subscription term as set out in the Application Form
OSN Play: OSN’s digital platform allowing you to receive the Service in accordance with your choice of package digitally through OSN’s website portal after registration of your MyOSN Account on internet connected devices in the Territory in accordance with the conditions herein. OSN Play will give OSN subscribers access to streaming content that may be accessed through a MyOSN Account by a limited number of connected devices that are connected to the internet and which are authorized by virtue of a valid OSN subscription and the consequent creation of a MyOSN Account. The content available to you will be in accordance with your Package subscription and may vary from the content available on your TV through your Subscription Services.
Package: the program package and other services you have selected in the Subscription Services section of the Application Form. Your Package access on the OSN Play Service shall be determined in accordance with your choice of Package on the Application Form.
Payment Option: the payment option elected by you in the Application Form.
PPV: means content which may include but shall not be limited to movies offered to you by OSN on a pay per view (PPV) basis in accordance with the Conditions herein.
Replacement Cost: the cost to replace a Set Top Box as specified in the Application Form
Services: include the Subscription Services provided to you by OSN under the Application Form and all the other associated services that OSN may make available to you as an OSN subscriber including but not limited to the creation of a MyOSN Account and access to OSN Play and the Package elected by you. If you elect to change your Package and we permit this, the Services will include the new Package you elect.
Set Top Box: the specific hardware provided to you by OSN under your Package to receive the Service incorporating a digital satellite decoder using a conditional access (encryption) system authorized by OSN (including the remote control, manual and associated TV cables) and additional DVR technology where included.
Smart Card: the card that permits you to view the Service when used with a Set Top Box.
Subscription Payments: the fees you must pay us in order to receive the Services as set out in the Application Form or as otherwise notified by OSN to you.
Subscription Services: is the election by you to subscribe to a Package offered by OSN for viewing in a specific Territory with an OSN Set Top Box as selected by you in your Application Form.
Term: means the Minimum Term together with any additional periods in accordance with clause 2(b) below.
Territory: means the country named in the Application Form where you will receive the Subscription Services or your TV subscription. For OSN Play, the Territory shall be Afghanistan, Algeria, Bahrain, Chad, Djibouti, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. (the “OSN Play Territories”) Provision of OSN Play in the Territories may vary and OSN may suspend OSN Play availability in some of the Territories at its sole discretion. You will not have access to all the content offered on OSN Play outside the OSN Play Territories.
Total Subscription Payments: means the total Subscription Payments payable by you under this Contract for the Term
2. The Service
(a) We shall provide and you shall use the Services and/or the Equipment subject to the Conditions of this Contract. We will provide the Services to you from the Commencement Date provided that you fulfill any set up , payment or activation requirements that may be necessary before OSN can provide you access to Services and will continue to do so during the Term unless this Contract is terminated as set out below.
(b) This Contract shall automatically renew at the expiry of the Minimum Term and any extensions thereof for an additional period equal to the Minimum Term subject to the Conditions (as amended from time to time), unless you give us notice at least one (1) month prior to the expiry of the initial Minimum Term (or any subsequent renewed period equal to the Minimum Term) that you do not want to renew the Contract. For cash payment subscribers, the Contract shall automatically terminate at the end of the Term unless payment has been received to renew the Contract for a new Term.
3. Subscription Payments
(a) You agree to pay us the full Subscription Payments as may be amended from time to time in accordance with the Payment Option you have chosen.
(b) If you have elected the credit card or direct debit Payment Option we will collect the amount due automatically from your account monthly from the Commencement Date. You agree to pay us the full amount of the Total Subscription Payments during the Term (including the Minimum Term).
(c) We may change your Subscription Payments at any time by giving you a minimum of one (1) months notice. We may also change your Subscription Payments (i) if required by law or if any regulatory authority requires us to change any aspect of our pricing which affects your Subscription Payments or (ii) if you change your Package as provided in clause 9 below.
(d) If you have failed to pay any of the payments you owe to us we can immediately suspend and/or disconnect the Service and terminate the Contract.
(e) You authorize us to alter your credit card or direct debit instructions if your Subscription Payments change for any reason. Additionally, you authorize us to charge any other payments due under this Contract (including any Cancellation Fee or amounts due under clause 16( b) below) under your credit card or direct debit instruction together with any other payments which you agree that we may charge under that instruction from time to time during the Term.
(f) We may make special promotional offers from time to time during the Term. These special promotional offers may not be used in conjunction with any other offer from OSN. OSN reserves the right to amend/cancel any special promotional offers for any reason. OSN is not obligated to offer the same special promotional offers at the time of renewal in accordance with clause 2(b).
(g) Where your Payment Option is credit card you undertake and agree to maintain at all times throughout the Term the validity of such credit card and the authority for OSN to collect the payments due hereunder. You agree to notify us immediately if the credit card provided to OSN expires, terminates or otherwise becomes invalid whereupon you shall immediately provide us with a valid and authorized replacement credit card number, together with expiry date and issuing bank name from which we shall be authorized to collect the Subscription Payments due hereunder.
(h) Where your Payment Option is credit card, you hereby authorize OSN to directly contact the issuing bank for your credit card from time to time during the Term and request, and you hereby authorize and agree, that the issuing bank for your credit card shall directly provide OSN with your credit card number (and any replacement credit card number) together with expiry date.
(i) Where your Payment Option is direct debit from your bank account, you agree not to close your bank account during the Term. Without prejudice to the foregoing, in the event that your bank account is closed during the Term you hereby authorize OSN to directly contact your bank from time to time during the Term and request, and you hereby authorize and agree, that your bank shall directly provide OSN with any other bank account number in your name which you agree shall be used in substitution for the previous bank account number for the direct debit payment authorizations made by you in this Contract.
(j) In the event that you choose to cancel your Contract at any stage, the cancellation will take effect from the last day of your paid period following your notice of cancellation and under no circumstances will you be eligible for any refund of money already paid.
(a) To purchase any content via PPV, you must be a current customer under the Application Form to a Package that includes PPV.
(b) You may purchase PPV content via our website, by SMS or by phone for viewing as applicable on an internet connected device from your valid MyOSN Account or for viewing on Television.
(c) You hereby authorize us to charge any payment for these services under the credit card or direct debit authorization instructions that you have provided to us in the Application Form.
(d) OSN will not be liable for any failure to provide the movie because of reasons outside our reasonable control or because of anything for which we have excluded liability under clause 10 of this Contract.
5. Your Smart Card
(a) To receive the Service, an activated Smart Card, a satellite dish and a Set Top Box are required. The Smart Card must be kept in your Set Top Box at all times and the Set Top Box must be connected to a mains supply and suitable satellite dish and be in stand-by mode when not in use.
(b) You can only use the Smart Card at your Address and you must only use it for private viewing purposes. You must not use it in a hotel, motel or other licensed premises, club, office, retail premise or similar place.
(c) For security reasons your Smart Card shall be replaced from time to time. We shall advertise when Smart Cards are to be replaced and shall try to send you a new Smart Card before the old one becomes invalid.
(d) The Smart Card shall remain the property of OSN after it is sent to you and if requested by us, you shall return it to us after this Contract terminates for any reason or when a replacement is sent to you.
(e) You may not transfer, hire out, lend or otherwise hand over the Smart Card. You are responsible for ensuring that the Smart Card provided is kept securely, used carefully and only in accordance with OSN instructions.
(f) The Smart Card must not be used outside the Territory. Any change of Address must be notified to OSN immediately. You must not tamper with your Smart Card or other Equipment or use them for anything we do not authorize.
(g) If you are late in any payments owed to us or if we believe you are using the Smart Card or other Equipment in any way which we have not authorized or if it is necessary to protect the security of our conditional access system we may make the Smart Card invalid without prior notice to you.
(h) For the creation of a valid MyOSN Account for access to OSN Play you will require your Smard Card number.
6. The Set Top Box
(a) Where we have supplied you with a Set Top Box under this Contract, the Set Top Box shall remain the property of OSN at all times and subject to you complying with your obligations hereunder shall be loaned to you during the term of this Contract. You have no right to sell, remove, relocate, give away, alter or tamper with such Equipment, or tamper with or alter any evidence of OSN’s ownership of the Equipment.
(b) You shall not insert any unauthorized smart card into the Set Top Box or attempt to dismantle either the Set Top Box or Smart Card. Any such unauthorized use of the Set Top Box or Smart Card shall entitle us to terminate this Contract and/or charge you the cost of a replacement Set Top Box or Smart Card in the event that the Set Top Box and/or Smart card is damaged.
(c) You agree to keep the Set Top Box in a clean, safe environment at your Address free from any dust, dirt and moisture and operate the Set Top Box in accordance with the manual provided.
(d) In the event you cancel the Contract or the Contract otherwise expires or is terminated by us, you agree to immediately return the Set Top Box and Smart Card and any other Equipment to OSN. If you do not return the Set Top Box and Smart Card and any other Equipment within thirty (30) days of cancellation, expiry or termination of this Contract in good working condition and free from damage (fair wear and tear excepted) you agree to pay us the Replacement Cost.
(e) OSN shall be entitled to up-date the software in your Set Top Box by downloading additional signals via satellite to the Set Top Box without prior notification. The Software in the Set Top Box remains OSN property. The downloading of the software may disrupt the appearance and operation of the Service. You agree to co-operate with any instructions issued by OSN to you in respect of the up-dating of the software.
(f) It is agreed and understood that any Set Top Decoder security deposit paid under previous Showtime and/or Orbit contracts has been waived upon signing this Contract.
7. OSN Play
(a) All customers with a valid subscription to OSN and who are eligible and who are direct OSN subscribers (ie not cable OSN subscribers) may create a MyOSN Account. OSN may at its discretion permit specified cable operators to provide the OSN Play services in some territories. Please check with your local cable provider. The MyOSN Account will allow access to the OSN Play service and shall also allow customers to manage their OSN subscription online.
(b) You may be able to access OSN Play through limited number of internet connected compatible devices. The Conditions apply to your use of your MyOSN Account and access to OSN Play and other OSN Services apply to access on any device. OSN Play may not be available on every type of device.
(c) You are solely responsible for paying all expenses you may incur when you access or use OSN Play or access or download any part of OSN Play including charges of your internet or data service provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to OSN Play. OSN makes no guarantee that and is not responsible if your equipment or software is not compatible with OSN Play.
(d) OSN does not guarantee that the Service through OSN Play will always be available or be uninterrupted, secure or free from bugs, errors, omissions or content that might be harmful for the proper functioning of your digital device.
(e) You are solely responsible for keeping your MY OSN Account username and password confidential and you are responsible for all activity that occurs under your MyOSN and OSN Play Account.
(f) You are responsible for enabling and/or installing any required Plugins, addons or software and to follow prerequisites for uninterrupted viewing.
(g) OSN may suspend or terminate your access to the OSN Play service without notice at any time or may suspend or terminate your OSN subscription if in its sole discretion your use of OSN Play is in excess of what amounts as fair usage of the OSN Play Service or if in its reasonable opinion you are using your MyOSN Account and OSN Play in violation of any of the Terms and Conditions contained herein.
(h) Non availabilbility, suspension or termination of access to the OSN Play Services shall not give you any cause of action for refund of any service Fee due and payable by you under the Application Form or portion thereof.
8. Lost, stolen or malfunctioning Equipment
(a) If any Equipment is lost, stolen or damaged you must immediately contact OSN at the address detailed in the Application Form for further instructions. We can charge you the cost of replacing any Equipment if it is lost, stolen or damaged.
(b) If the Smart Card or Set Top Box does not work, you must notify us and if you return it we shall replace it free of charge if it was defective when supplied to you or as a result of a defect covered by the manufacturer’s warranty. If the Smart Card or Set Top Box is defective or damaged in any other way or is not returned to us we may charge you the cost of replacing it as specified in clause 6(d) above.
9. Your Package
(a) The programs that we provide as part of your Package are primarily supplied by third parties and their availability is outside our control. Consequently OSN accepts no responsibility for the content of such programs or the Channels and we reserve the right to withdraw or replace any Channel or advertised programs, or reduce or change the number of hours of any Channel’s broadcast.
(b) If you elect to change your Package, for instance to add an additional a la carte Channel or service (e.g. PPV) and we permit you to do so, you agree to immediately pay the then current price for such new Package.
(c) We will carry out upgrade services within forty eight (48) hours of receipt of such request, provided the payment terms are met by you.
(d) Downgrade services will not be allowed during the Term.
(e) Your Package selection will determine the content that you can access on OSN Play at such additional fees as may be applicable as determined by OSN from time to time
10. Our Liability
OSN will not be liable under this Contract for:
(a) any fault in any of the Equipment caused by your tampering with it, your negligence or failure to follow our instructions;
(b) use of the Smart Card in any Set Top Box which we do not supply;
(c) any fault in a Set Top Box or other receiving equipment you use which we do not supply;
(d) our failure to provide the Service or OSN Play Service caused by events outside our reasonable control;
(e) any bugs or content that might be harmful for the proper functioning of your digital device as a result of youaccessing OSN Play;
(f) any software malfunction encountered by you in accessing OSN Play; and
(g) any loss or damage caused by our employees or agents 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 agents;
(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.
(a) All copyright, trademarks, design rights, patents, and other intellectual property rights (registered and unregistered) in and on the Service belong to OSN and/or third parties. Nothing in these Conditions grants you a right or licence to use any trade mark, design right or copyright owned or controlled by OSN 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 in IP spoofing /hacking to access the service or to reproduce, lend, hire, rent, perform, sub-licence, make available to the public, create derivative works from, broadcast, commercially exploit, transmit or relay any part of the programs 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 of the programs or Channels provided to you as part of the Services, or commercialise or attempt to re-sell the programs 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 programs or Channels provided to you as part of the Services including any third party software application.
(d) The Smart Card is embedded with a unique identification number that we can use to identify any unauthorized use of the Service or illegal copying of programming or Channels. In the event that the Smart Card identification number is identified as the source of any illegal copying or being used for reception which is not authorised of programming or Channels delivered to you under the Services, we shall be authorized without notice to (i) suspend and/or terminate this Contract; and (ii) shall co-operate with including by providing your details and your Address to any owner/licensor of copyright in the illegally copied program or Channel for the purpose of prosecution of such offence.
(e) The MyOSN Account is unique to each Subscriber and we can identify any unauthorized use of the OSN Play Service or illegal copying of programming. In the event that the MyOSN Account is identified as the source of any illegal copying or being used for reception which is not authorised of programming delivered to you under the Service, we shall be authorized without notice to (i) suspend and/or terminate this Contract; and (ii) shall co-operate with including by providing your details and your Address to any owner/licensor of copyright in the illegally copied program for the purpose of prosecution of such offence.
(f) We may disable or alter some functions of the Equipment or the MyOSN Account or OSN Play to prevent you from copying certain programs in order to prevent the unauthorized copying of such Services. If the Equipment or the MyOSN Account allow copying of these materials, which we are bound by copyright to prevent then we may prevent you receiving the Services.
(g) Any breach of this clause 10 may infringe the copyright of third parties in the programs and 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 copyright infringement committed by you or any other person using the Equipment or your MYOSN Account in relation to the Services, for which you hereby indemnify OSN to the full extent of such losses.
(h) We hereby reserve all rights we have at law and under the terms of this Contract in respect of any copyright infringement specified in this clause 10.
12. Parental Guidance
The content of the Service you have chosen may contain content you consider indecent, objectionable or offensive, or which may not be suitable for young audiences. If you permit a child to use your device to access, view or listen to the content of your Service you are solely responsible for deciding whether or not that content is appropriate for that child to view and OSN shall not be liable for that decision. This clause pertains to use of all Services provided by OSN on all devices that it may be available on pursuant to your Application Form for Subscription Services.
You agree that the use of our Services, including but not limited to the viewing of Packages, creation and use of the Sub Accounts shall be your responsibility and shall be subject to these Conditions.
13. Data Protection and Privacy
14. Changes and Additional Conditions:
(a) We may vary this Contract where it is reasonable to do so at any time. We may amend from time to time or as otherwise varied or added to by the terms of any special offer we may grant to you or any additional service you may elect to take from OSN and as otherwise set out below and in the Application Form.
(b) If any Additional Conditions are made, they will be made available on the osn website. If there is any inconsistency between these Conditions and the Additional Conditions, the Additional Conditions shall prevail. By accessing OSN Play, you agree to be legally bound by whichever version of the Conditions is in force at such time.
15. Transfer of Agreement:
(a) OSN reserves the right to partly or wholly transfer the rights under this Contract to a third party. You may not transfer your rights or obligations under this Contract to any third party.
(b) This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to clause 15(a) above.
(a) This Contract is valid for the Term subject to our right to terminate due to your breach. If you decide to cancel the Contract prior to the expiry of the Term, you must contact OSN by phone, email or letter to inform us about your intention to terminate the Contract.
(b) If this Contract is terminated by you, or by us due to your breach of the Conditions prior to the expiry of the Term we shall be entitled to charge you the Cancellation Fee as specified on your Application Form in addition to any other amounts you may owe us hereunder, including, for the avoidance of doubt, any due under clause 6(d) above.
(c) The Cancellation Fee may be waived by OSN at its sole discretion.
(d) Upon termination of this Contract your Smart Card and your MyOSN Account shall be made invalid and you shall not be entitled to receive the Service.
(e) We shall not refund any Subscription Payments or other payments made under this contract if this Contract is terminated by us due to your breach of any of the Conditions.
(f) Certain packages and promotions offered by OSN from time to time may have an optional or required minimum term commitment. If you cancel the Service or Package before completion of such prescribed minimum term, you may be required to pay early Cancellation Fees.
(a) Where you have requested installation of the Equipment, upon approval of your application we shall contact you to arrange a time to install the Equipment at your Address.
(b) You must ensure that all necessary consents have been granted by your landlord and any local government authority for installation of the Equipment. You must provide us with access to your property at your Address on the agreed installation date in order to install the Equipment.
(c) If your installation requires additional cabling or brackets or other equipment or works beyond what is normally required for a standard installation we shall advise you and you shall pay any additional amounts required for such additional works and/or equipment.
(d) All Equipment installed by us comes with a warranty against faults for a period of twelve (12) months from installation. The warranty does not cover faults arising from misuse, accidental or deliberate damage, cosmetic damage which does not affect the functionality of the Equipment and damage caused outside the reasonable control of OSN and its suppliers. At our discretion, any faults shall either be repaired or the Equipment replaced with similar equipment (new or refurbished).
18. Additional Subscription
(a) Where we agree to provide you with an additional subscription, you will receive the service as provided under this Contract and subject to the same Conditions. You shall be required to maintain your first subscription during the Minimum Term of your second subscription and in the event you breach the Conditions for either subscription both subscriptions shall immediately terminate.
(b) You shall only be entitled to use the second subscription at your Address and subject to the payment of the additional Subscription Payments as notified by us.
You acknowledge that the provision of unauthorized access to OSN Channels through card sharing or OSNPlay Account sharing or any other means is an illegal act that causes OSN considerable damage. In the event that OSN determines that you are or were engaged in the unauthorized access/distribution of OSN Channels at any time, OSN is authorized to immediately terminate your access to the Channels. In the event OSN terminates your access to the Channels due to piracy:
(a) OSN will remain authorized to charge your credit card for the balance of the Subscription Payment due for the remainder of the Term, which you agree is reasonable. Under no circumstances will you be refunded if your Service is terminated due to your engagement in the unauthorized access/distribution of OSN Channels.
(b) In addition, OSN reserves the right to seek reasonable compensation equivalent to a minimum of $1,200 for damages incurred from the result of each piracy act directly linked to your account or actions, including automatic charges to your credit card to recoup compensation for the redistribution of OSN’s content, encryption keys or any copyrighted material, such amount being a pre-estimate of the losses OSN has suffered as a result of your piracy act;
(c) OSN 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 for your actions.
This Contract and any dispute or claim arising out of or in connection with it is the governed and shall be construed in accordance with the laws of the Dubai International Financial Centre..