7.7. The Customer may, upon payment of a prescribed fee, request for access
to or correction of the Customer’s Personal Data or for limiting the processing of
the Customer’s Personal Data 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, Astro All Asia Broadcast Centre,
Peti Surat 10148, 50704 Kuala Lumpur or by email (which must be sent from the
email address registered with Astro) to pdpo@astro.com.my. Any inquiries or
complaints with respect to the Customer’s Personal Data should also be channelled
to Astro in this manner.
7.8. Provision of all of the Customer’s Personal Data as may be requested by
Astro is required for the processing of the Customer’s subscription for the
Services. Failure to provide the same may result in Astro not being able to provide
the Services to the Customer. The Customer represents and warrants that the
consent of third parties (e.g. family member or friend) whose Personal Data the
Customer has provided in the Application Form and disclosed to Astro has been
obtained to allow Astro to process the same for the purposes as set out in this
Agreement.
8. SUSPENSION AND TERMINATION.
8.1. Astro shall have the right, in its sole discretion and without notice, to
suspend or terminate the Customer’s access to the Services if the Customer
breaches any of the undertaking, representations or warranties referred to above or any other term of the Agreement or use the Reception Equipment in a manner not permitted by the Agreement or determined inappropriate by Astro.
8.2. Subject to Clause 4, the Customer may suspend or terminate the
Services by giving a minimum of 1 month’s written notice to Astro.
8.3. If the Services are suspended or terminated either by the Customer or by
Astro, the Customer shall remain liable to pay: (i) the full Subscription Fee for the
entire billing month in which the suspension or termination occurred; (ii) all
amounts due from the Customer prior to such suspension or termination; and (iii)
the cancellation fee referred to in Clause 4 if the suspension or termination is prior
to the expiry of the Minimum Subscription Period. The Customer is required to
inform Astro once such payment is made by the Customer to Astro under this
Clause 8.3 or Clause 8.4 below by calling in to 03 9543 3838.
8.4. In order to reactivate the Services following suspension, the Customer
will be charged an administrative fee and all due amounts must be paid before the
Services can be reactivated. To enjoy the same price and any other offer tied to the Programme Package which the Customer had opted for prior to the suspension of the Services, the Customer is required to inform Astro accordingly.
8.5. Astro may in its sole discretion and without any liability to the
Customer suspend or terminate the Customer’s access to the Services at any time
where Astro has been informed or is aware that the Customer has used the
Reception Equipment in a manner such that there is an offence and/or infringe- ment committed under provisions of the Copyright Act 1987 (as amended from
time to time).
8.6. Notwithstanding the above, Astro may in its sole discretion and without
any liability to the Customer suspend or terminate the Customer’s access to the
Services at any time without cause and in such case the Customer will be
responsible only for payment of Subscription Fees up to the date of such suspen- sion or termination and any amounts due prior to such date.
8.7. The Agreement shall automatically terminate in the event that the
Reception Equipment or any hardware and/or software used by Astro in the
provision of the Services becomes affected as to its performance and/or functional- ity so as to render it impossible for Astro to continue to provide the Services. In
such event the sole extent of Astro’s liability to the Customer shall be the refund of
any Subscription Fees paid in advance by the Customer pro-rata from the period of
interruption prior to termination.
9. EXCLUSION OF ASTRO’S LIABILITY.
9.1. Astro is not responsible or liable to the Customer for: (i) any interrup- tions in the transmission or delivery of any Content; (ii) the deletion, erasure or
failure to retrieve any Content that have been recorded or downloaded onto the
Astro Box; (iii) the suspension or termination of the Services for any reason
whatsoever, whether or not within its control, including the failure of power,
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 Content and any force majeure
reasons.
9.2. Astro has no liability to the Customer for problems with the Reception
Equipment or damage arising from the Customer’s use of the Reception Equip- ment caused by the Customer’s own act, negligence or omission. Where the
Customer has caused damage to the Reception Equipment by the Customer’s own
act, negligence or omission, Astro will assist to repair or replace the Reception
Equipment and any such cost in relation to or arising out of such repair or
replacement shall be charged to the Customer’s Astro account.
9.3. Astro has no responsibility or liability whatsoever for any interruption
or loss of Services arising directly or indirectly from the installation of the
Reception Equipment, the EHDD and/or SMATV System trunking (where
applicable) by any unauthorised third party.
9.4. Astro makes no warranties or representations whatsoever with respect to
the Content and in particular Astro does not guarantee the sequence, accuracy,
completeness, timeliness or the security of any data or information contained in
the Services and shall not be liable for any claim arising out of any act or omission
by Astro or any act or omission by the Customer, including claims for loss or
damage, libel, slander, personal injury, damage to property or any other loss
arising howsoever caused.
9.5. The Services are provided on an “as is” and “as available” basis. The
Customer acknowledges that he uses the Services and relies on information
obtained through the Services at his own risk. Astro does not make any representa- tion and disclaims any warranties of any kind in relation to the Services, including
availability, accessibility, timeliness or security of any Content or information
transmitted or obtained using the Services or provided to the Customer as part of
the Services. Astro also disclaims any and all implied warranties of merchantabil- ity, fitness for a particular purpose, title and non-infringement to the fullest extent
allowed by law.
9.6. Astro neither guarantees nor warrants that the Services will be free from
any fault, error or interruption nor will Astro be liable for any inability to use or
access the Service, or for the interruption, delay or failure of the Services.
9.7. Astro will not be liable to the Customer or any person claiming through
the Customer for any refunds of the Subscription Fee, or any other claims or for
any costs, loss or damages (whether direct or indirect), or for loss of revenue or
profits or for any special or consequential loss, loss of data, loss of business or loss
of anticipated savings of any nature whatsoever (even if Astro had been advised of
the possibility of such losses) due to any non-performance of Astro’s obligations,
including:
9.7.1. use or inability to use or access the Services for whatever reasons, such
as adverse weather conditions, electromagnetic interference, equipment failure or
congestion in the Services network, the quality of the Services, information
available or obtained via the Services or arising out of any action taken in response
to or as a result of such information available or obtained via the Services;
9.7.2. any upgrading or modification to the Services as deemed necessary by
Astro;
9.7.3. any act, omission, error, default by Astro and/or Astro's related
companies, its officers, employees and agents in relation to the Services;
9.7.4. any claim for libel, slander, infringement of any intellectual property
rights arising from the transmission and receipt of material in connection with the
Service and any claims arising out of any act, omission, negligence or default by
the Customer in relation to any part of the Services;
9.7.5. any interruption, suspension, termination, malfunction, unauthorized
use, defect or loss of the Reception Equipment and/or the Services for any reason
whatsoever;
9.7.6. any loss, distortion or corruption of data arising out, or from the use, of
the Services;
9.7.7. the use of any equipment (whether provided by Astro or otherwise)
which does not guarantee reliability and signal strength quality; and
9.7.8. any inconvenience caused to the Customer.
9.8. Notwithstanding any other terms herein, the Customer agrees that the
maximum liability of Astro to the Customer or any third party for any cause of
action (whether in contract, tort or other causes of action) shall in no event exceed
RM200.00.
10. RECORDING AND COPYRIGHT.
10.1. The Customer agrees and acknowledges that the Content is copyright
material owned by Astro and/or third party content suppliers, and protected by
copyright and other applicable laws, and may not be reproduced, published,
broadcast, rewritten, or redistributed without the written permission of Astro
and/or the relevant third party content supplier, and to this end, Astro may be
required to restrict the Customer’s ability to record any Content. The rights to
record the Content and the length of which the Content is stored under the
Customer’s recordings may vary and shall be determined by Astro and/or the third
party content suppliers.
10.2. Where the Customer is entitled (as part of his subscription to a
Programming Package) and is enabled (where his Astro Box includes PVR and/or
Astro Cloud recording functionality) to record Content, the following terms shall
apply:
10.2.1. in order to have access to any recorded Content, the Customer must
currently subscribe to the corresponding Programming Package that includes such
Content;
10.2.2. Astro and/or the third party content supplier do not guarantee or have
any liability to the Customer as to the timeliness, access to or recording quality of
any particular Content or for any losses or damages arising out of or related to the
use or non-use, misuse, availability or reliance on any recording functionality in
the Astro Box and/or the Astro Cloud;
10.2.3. the total storage for recordings on the Astro Box is limited and the
volume of Content that may be stored will vary depending on the time length and
quality of the Content being recorded; and
10.2.4. for recordings on Astro Cloud:
(i) the total hours of storage for recording on Astro Cloud available to a
Customer is limited, based on the Programme Package or add-on to which the
Customer subscribes;
(ii) Astro Cloud recording enables the Customer to store recordings on
Astro’s cloud servers and can be accessed via authorised internet access devices
such as an Astro Box with internet connections, personal computers, tablets and
smart phones;
(iii) the Customer may subscribe to an add-on (if made available by Astro),
that enables the Customer to increase the number of hours of storage on Astro
Cloud available for the Customer’s recordings for an additional fee. If the
Customer subsequently cancels his subscription to such add-on, the number of
hours of storage will revise to the default number. If the quantity of Customer’s
recordings on Astro Cloud at the date of cancellation exceeds the default number
of hours then the older recordings will be deleted to bring the Customer’s available
storage in line with the default number; and
(iv) the Customer agrees that Astro may, at its sole discretion, revise the
default Astro Cloud recording hours available to the Customer at any time and will
use reasonable endeavours to notify the Customer of such revisions.
10.3. If the Customer’s subscription is suspended or terminated pursuant to
Clause 8 then the following shall apply in respect of any recordings of Content on
the PVR or the Astro Cloud:
10.3.1. the Customer with a suspended account will be unable to schedule new
recordings and playback existing recordings, although recordings scheduled before
the suspended status may proceed;
10.3.2. the Customer with terminated or cancelled accounts will not be able to
schedule new recordings, playback existing recordings and any recordings
scheduled before the cancelled or terminated status will not continue. All the
Customer’s recordings under terminated or cancelled status will be deleted; and
10.3.3. if the Customer returns an Astro Box that enables recording of
programmes on its hard drive (including the PVR), any existing recordings that the
Customer has made will not be retrievable or transferable to another device.