Privacy Policy
- DEFINITIONS
In this Agreement, unless otherwise indicated by the context, the following terms shall bear the following meanings:
- "Agreement" shall mean the General Terms & Conditions, the Application Form and the Policies.
- "Application Form" shall mean the application and order placed by the Customer with IDM and all annexes attached thereto for the provision of the TV Streaming service “IDMplay” and incorporated as an integral part of this Agreement.
- "STB" shall mean the set-up box which is an information appliance device that delivers the television content.
- "Fees" shall mean the connection charges, monthly subscription fees, usage charges, equipment cost and any other charges pertaining to the provision of the IDMplay services and any other services provided to the Customer under this Agreement as described in the Price List.
- "Commencement Date" is the date of the STB installation at the customer’s premises.
- "Company" is Inconet Data Management “IDM” who provides the TV Streaming service.
- "Customer" is the end-user who subscribes to the TV Streaming service.
- "IDMplay” is the TV Streaming service provided by IDM.
- "Installation" shall mean the installation of the STB [on a location].
- "Price List" shall mean the Price List form incorporating the Fees and posted on IDM’s website, as may be modified by the Company from time to time.
- "Service" shall mean the TV content delivered over Internet Protocol Networks
- "Term" shall mean the term of this Agreement as indicated on the Application Form, commencing on the Commencement Date.
- GENERAL TERMS AND CONDITIONS
2.1 This Agreement shall be effective on the Commencement Date and shall continue in force during the Term.
2.2 This Agreement defines the terms and conditions under which the Company provides the service to the Customer and under which the Customer accesses and uses the Service.
2.3 The signature of the Application Form implies the consent of the Customer of these General Terms & Conditions.
2.4 This Agreement may be terminated:
- by the Customer by giving to IDM a written notice of termination not less than 30 days before the expiration of the Term or any renewals thereof (as the case may be); or
- by IDM, immediately upon a written notice to the Customer and without recourse to the competent jurisdiction in the event of termination or expiration (for whatsoever reason) of the License.
- by IDM, without the need of a prior notice to Customer and without recourse to the competent jurisdiction in case Customer commits a breach of the terms and conditions of this Agreement and/or the Policies, including but not limited to failure to settle the payments of any Fees due hereunder.
2.5 The Application Form placed by the Customer with IDM is subject to IDM's approval, such approval to be at IDM’s sole discretion. Customer hereby represents and warrants that all information provided by the Customer in the Application Form is true and accurate.
- COMPANY LIABILITY
3.1 Notwithstanding anything to the contrary in this Agreement, the Services are provided on an "as is" and "as available" basis and the Company does not guarantee or warrant that the Services will be uninterrupted and/or error-free. TV Streaming services may vary or fail altogether due to factors which are not within the control of IDM such as, but not limited to, [atmospheric, geographic, or topographic conditions, network signal quality and interference], Internet technical problems. The Customer hereby acknowledges and accepts that the Services may be interrupted or may fail from time to time.
3.2 In no event the Company shall be liable for any loss or damages suffered or incurred by the Customer arising from or in connection with the provision or the use of the Services hereunder whether direct, indirect, incidental, special, or consequential loss including loss of profit, revenue, anticipated savings or business, data or goodwill, value of any equipment including software, claims of third parties and costs and expenses associated with or incidental to any of the foregoing or caused by any negligent act or omission on the part of IDM, its employees or agents.
- CUSTOMER LIABILITY
4.1 The Customer shall be responsible for obtaining all necessary approvals imposed by the competent authorities in relation to the supply, delivery and/or Installations of STB hereunder, and the Customer shall indemnify the Company against any claims, losses or liabilities suffered by the Company which are related to or derived from Customer’s non-compliance with the terms of this Clause.
4.2 All risks related to the STB supplied and delivered by the Company under this Agreement shall pass to the Customer upon delivery and Installation.
4.3 If the STB is lost, stolen, damaged or transferred to a third party, the Customer shall immediately notify the Company in writing and until such notification, the Customer shall remain liable for all costs and Fees pertaining to such STB. IDM shall, as soon as reasonably possible, replace the STB. The cost of any such replacement of STB shall be solely on the Customer’s account. Any loss, theft, damage, transfer and/or the replacement of the STB for any reason whatsoever shall in no event be deemed to constitute a termination of this Agreement, which shall continue to be of full force and effect.
4.4 The Customer hereby undertakes to and warrants that Customer:
- shall not use nor allow the Services to be used for any improper, immoral or unlawful purposes, nor in any way which may cause injury or damage to persons, entities or properties or an impairment or interruption to the Services. Customer shall be liable for any unlawful or unauthorized use of the Services hereunder, even if it was used by a third party.
- shall not re-sell the service to a third party.
- shall not re-distribute the service or allow access for any entity outside the Customer premises.
- shall only use the STB provided by the Company in compliance with all relevant laws and regulations and all directives and Policies issued from time to time by the Company relating to the use of STB and the Services.
4.5 The customer grants IDM and its employees, representatives and/or agents the right to enter the customer’s premises and access the equipment and wiring within the customer’s premises to install, connect, inspect, maintain, repair, replace, disconnect, remove or alter the equipment, or install new equipment.
4.6 The Customer shall indemnify and keep the Company, its employees, shareholders and agents indemnified against any and all claims, costs, damages, expenses, liabilities, demands and losses which the Company may suffer or incur as a result of or in connection with any claim relating to the Customer’s and/or any other person's use of the Services through the Customer’s account(s), including without limitation, claims for defamation, infringement of copyright or any other intellectual property rights, or in connection with Customer’s breach of any term, condition, undertaking and warranties hereunder.
- CHANNELS & CONTENT
5.1 The channels list provided by IDM may from time to time be modified where certain channels may be added, removed or replaced. IDM does not guarantee that a given channel will continue to be available.
5.2 Channel allocations, broadcast channels and other services and may add, remove or replace channels without any prior notice.
5.3 The customer acknowledges and agrees that it has no right to receive, and IDM has no obligation to provide, any particular programming service or channel as part of IDM's IDMplay TV Streaming Service and that the customer is not entering into this agreement or purchasing IDMplay TV Streaming Service in reliance on an expectation or promise (explicit or implicit) that any particular programming service or set of programming services shall be included as part of IDMplay TV Streaming Service.
5.4 In the event that a particular program or channel becomes unavailable, either on a temporary or permanent basis due to any reason, IDM shall not be liable for compensation, damages, credits or refunds of fees for the missing or omitted content.
5.5 The customer understands and agrees that by using the IDMplay services, the customer or the users of the service may be exposed to materials or content that may be offensive, sexually explicit or objectionable to the customer. Under no circumstances will IDM be liable in any way for any claims, losses, actions, suits, proceedings, or any damages relating to any content provided by IDM’s services.
- FEES
6.1 In consideration of the provision of the Services, the STB and any other services supplied by the Company to the Customer hereunder, the Customer shall effect payment to IDM of the applicable Fees, as described in the Price List and whether or not the Services have been, or are being used by the Customer.
6.2 IDM may, at its own discretion, modify future fees, either in whole or in part, with effect from the date specified in such notice.
6.3 Unless otherwise instructed by the Company in writing, Customer shall effect all payments hereunder directly to IDM.
6.4 The Company provides the Customers with different methods of payment depending on their chosen service plans. Post-paid accounts will have monthly invoices issued for automatic bank withdrawal. Unless otherwise specified on the invoice, issued invoices are formal notices to pay within 10 days at most as of the issuance date. Invoices comprise the monthly subscription fees and the usage cost and when applicable the cost of STB, adjustments, and taxes, etc. Unless otherwise agreed in writing by the parties, invoices to be sent to the Customer at his bank address.
- INTERRUPTION; SUSPENSION; TERMINATION
7.1 IDM may at any time, without notice to the Customer suspend or interrupt the Customer's access to the Services in the event that any modification, maintenance or remedial works are required to be undertaken pertaining in any manner whatsoever to the Services or. The Company will endeavor to inform the Customer in the event of planned maintenances.
7.2 In case the Customer fails to pay in total or in part any invoices under this Agreement, the Company reserves the right to immediately suspend the Customer’s account and/or terminate this Agreement and to take all necessary measures in order to recover the due sums.
7.3 IDM reserves the right to immediately suspend Customer’s account and/or terminate this Agreement in case Customer breaches any terms and conditions of this Agreement and/or the Policies. In case of Customer’s account under a postpaid plan, any suspension or termination hereunder shall not affect the right of IDM to receive the applicable Fees until the end or termination of this Agreement.
7.4 In no event shall IDM be liable for any failure or interruption of program transmissions or service resulting in part or entirely from circumstances beyond IDM’s reasonable control.
7.5 In the event of service interruptions, whether due to any satellite malfunction, Internet outage, systems upgrade, maintenance, repair or any other reason, for a maximum period of 30 days during one year, IDM will not be liable for any compensation, damages, credits or refunds of fees.
- TERMS OF USE
8.1 The customer shall not intercept or assist in the interception or receipt of, resell, distribute or duplicate any channels provided under IDM services and shall not use IDM services to engage in any illegal or prohibited activity.
8.2 The services provided are solely for the customer’s personal, residential use and the customer shall not use the services for any commercial purpose.
8.3 The customer understands and agrees that the programs, content and other services provided through IDM’s network must be solely used at the customer’s residence where the customer may not directly or indirectly charge any fee as a condition to viewing the channels provided by IDM and may not duplicate or redistribute these channels.
- STB WARRANTY
9.1 Warranty of STB provided by the Services provided hereunder excludes damages caused by abnormal use or conditions, misuse, neglect, abuse, accident, improper handling or storage, exposure to moisture, unauthorized modifications, alterations, or repairs, improper installation, improper use of any electrical source, undue physical or electrical stress, operator error, non-compliance with instructions or other acts which are not the fault of IDM. It also excludes damages from external causes such as floods, storms, fires, sand, dirt, earthquakes, Acts of God, and exposure to sunlight, weather, moisture, heat, or corrosive environments, electrical surges, battery leakage, theft, or damage caused by the connection to other products not recommended for interconnection by IDM. IDM reserves the right to determine the cause of the damage and, at its sole discretion, to replace or repair the STB.
9.2 Warranty of STB is valid for 6 months as of installation date.
- APPLICABLE LAW AND DISPUTE SETTLEMENT
The interpretation of this Agreement and the rights and obligations of the parties and all questions relative to the execution, validity and performance thereof, shall be governed by and interpreted in accordance with the laws of the Republic of Lebanon. All disputes arising out of the interpretation or execution of this Agreement shall be settled by the Beirut Courts.