KiKi TV Terms of Services (Set Top Box)

KiKi TV Terms of Services

(For Service via KiKi TV Set-top Box (STB))

1.      Agreement: This Agreement sets out how KiKi TV will provide the access to KiKi TV Internet Protocol Television (“IPTV”) broadcasts, Video on Demand (“VOD”) and all other video related services (collectively, the “Services”) in the United States and Canada to you (the “Agreement”) via KiKi TV Set-top Box (“STB”), third party STB devices (including but not limited to Google TV™), Personal Computer (PC), iPad® and other tablet devices supporting KiKi TV application (collectively, the “Own Devices”). For the purpose of this Agreement, “you” and “your” shall refer to the individual who wishes to use the Services. By (i) your submission of an online order; (ii) your acceptance of the Terms of Services electronically during registration; (iii) your initialing on the KiKi TV Terms of Services in an order form, and/or (iv) your use of Services, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your KiKi TV subscription package will be treated as part of this Agreement.
2.      Authorized User, Use, and Responsibility:
3.    You must be 18 years of age or older and have the legal authority to enter into this Agreement. You affirm that the information you supplied is correct and complete.
4.     You understand that all information provided by you will be relied upon by KiKi TV for the provision of Services and must be true and accurate. You agree that KiKi TV may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify KiKi TV whenever your personal information or billing information changes (including but not limited to, your name, email address, address, telephone number, and credit card number and expiration date).
5.    You agree to use the Services for personal use only and in compliance with any applicable laws and regulations. You understand that any use of KiKi TV Services and Equipment for commercial purpose is prohibited.
6.    You accept that KiKi TV considers anyone using the Services under your account or with your registered Equipment to be authorized by you (unless proven otherwise) and you must pay all charges due from that use.
7.      Term: This Agreement goes into effect upon your acceptance of this Agreement during registration (electronically or otherwise) and shall continue until canceled or terminated by either party as permitted by this Agreement.
8.      Payment of Charges:
9.    You may find the current effective subscription fees information of KiKi TV packages at our official website http://www.KiKiTV.net.
10.     You agree to pay all charges for the Equipment(s) and the Services, including any charges for Late Payment if applicable. The method of payment will be either as set out in this Agreement or as we otherwise agree with you.
11.    You agree to provide KiKi TV, at initial sign-up, with a valid form of payment acceptable to KiKi TV to pay for your subscribed Services and will maintain the validity of payment information while your subscription is active unless we otherwise agree upon. If the charge transaction against your designated form of payment is refused by the merchant account for any reason (card expiry, insufficient credit limit or insufficient fund, etc.), KiKi TV will be entitled to immediately at any time suspend the Services and/or lock your account without notice. You must contact KiKi TV customer service to unlock your account.
12.    Fees: You agree to pay all amount billed for the Services, including all taxes, fees and other charges (if any) that are now or may in the future be assessed in connection with any Services you received from us, and any other charges due and owing to us. You agree to authorize KiKi TV to automatically charge your designated form of payment for the following types of fees (including tax applicable):
13. For Monthly Subscription of Base Channel Package, Premium Package and VOD Package which has no mandatory commitment period requirement (collectively the “Monthly Subscription”). You will be charged in advance at the beginning of each billing cycle for the applicable Monthly Subscription fee plus tax applicable. You authorize KiKi TV to automatically charge your designated form of payment for all fees if your subscription is automatically renewed according to Section 9.
14. Other Fees:

(a) VOD Fee by Usage: The charge for VOD by usage will be set out on your program information screen. Each title will be charged only once during the same billing cycle. If you are a subscriber of a Monthly Subscription, you will be billed each month for the VOD viewing fees if applicable based on actual usage or orders placed during the previous billing cycle in addition to the subscription fees of each month. For clarity, the charges of VOD by usage through all the KiKi TV STB and Own Devices of the same account will be merged and listed together on your monthly statement.

(b) Applicable Service Fees, Shipping and Handling Fees: The charges for shipping and handling and other applicable Service fees are set out in your order form. KiKi TV will charge you for shipping and handling fees, as well as other applicable service fees and tax applicable that you have pre-approved either during your initial subscription order or during the course of your usage of KiKi TV Services. You acknowledge and agree that ALL shipping and handling and other applicable service fees are non-refundable.

(c) Equipment Fee: as set out in Section6B.

(d) Late Payment Charge:  as set out in Section 8.

(e) Cancellation Fee: as set out in Section 10.

1. Certain fees and charges may apply in certain circumstances to your payment for the Services, including without limitation, those expressly set forth in Exhibit 1 attached hereto and incorporated herein by reference.
2. Dispute of Charges: Your monthly statement of KiKi TV Services will be emailed to your email. If there is any disputed item in the statement, you shall notify KiKi TV of such disputed item within thirty (30) days of notice to you that your monthly statement is available, or such greater amount of time as permitted by law. Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a billing statement must be paid before the next billing statement is issued or you agree to pay a Late Payment Charge as described in Section 8. Disputes can be filed either by calling or emailing KiKi TV at contact information listed in Exhibit 2. Please retain your proof of filing a dispute claim.
3. You agree that KiKi TV is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by KiKi TV.
4. Your Reaffirmation: Every time you use KiKi TV Services, you reaffirm that (i) KiKi TV is authorized to charge your designated form of payment; (ii) KiKi TV may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges incurred, even if your Subscription is canceled or terminated.
5.      Equipment: To receive the Services from KiKi TV, you may use our Services via (i) your Own Devices: third party STB devices with KiKi TV application (including but not limited to Google TV™), Personal Computer (PC), iPad® and other tablet devices supporting KiKi TV application; or (ii) KiKi TV STB. You may purchase KiKi TV STB (the “Equipment”) from KiKi TV. The Equipment consists primarily of, but not limited to, cables, wires, amplifiers, STB/receivers and remotes.
6.    Own Devices: If you elect to use our Services via your Own Devices including but not limited to third party STB devices, Personal Computer (PC), iPad® and other tablet devices supporting KiKi TV application, you need to have a KiKi TV Application in order to use our Services.  Your device may come with our Application or you may download it via your device. You understand that only one access is allowed to receive the Services at the same time under the same account.
7.     Purchased Equipment: If you elect to purchase KiKi TV STB (“Purchased Equipment”), you agree to pay the Equipment Charge set forth in Exhibit 1 and any applicable sales, usage, and other taxes for each Equipment set you purchase.
8.     Additional Equipment: We may allow you to place up to two additional STB (Equipments) on your account in our sole discretion (the “Additional Equipment”). Each Additional Equipment will be authorized to receive the same Services as your initial Equipment. You understand that this option is only available if your initial Equipment and Additional Equipment(s) are located at the same residence registered with your account and are continuously connected to the same modem as you use for the initial Equipment; any usage outside the conditions set forth above may result in the denial of access to Services of all of the Equipments. Unless otherwise specified in the terms and restrictions, if any, applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, KiKi TV will charge you an Equipment Charge for each purchased Additional Equipment requested pursuant to Section 6B if you elect to purchase the Equipment. The charges of VOD by usage through all the Equipment you order will be merged and listed together on your monthly statement.
9.     Care of KiKi TV Property: You agree that neither you nor any other person (except KiKi TV’s authorized personnel) will open, tamper with, service, repair, maintain, make any alterations to, or remove any part from any Equipment or Application from its initial installation. Any alteration, tampering, removal, etc., or the use of Equipment or Application which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlet, or to an unauthorized location is regarded by KiKi TV to be theft of Services and is prohibited. During the Term of the Agreement, no right of lien and retention by third parties over the Equipment or Application is allowed.
10.    You agree that, you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within any Equipment or Application provided by KiKi TV. Such actions are strictly prohibited and may result in the termination of this Agreement, disconnection of your Services and/or legal action.
11.      Cross Platform Access: With subscription to any Base Channel Package on KiKi TV Equipment, you will have complimentary access to the same Services via Own Devices (including but not limited to third party STB devices, PC, iPad® and other tablet devices supporting KiKi TV application). You understand that only one access from Own Devices is allowed to receive the Services at the same time under the same account. The charges of VOD by usage you order through all the Equipments and other receiving devices will be merged and listed together in your monthly statement. If you wish to have access on multiple Own Devices at the same time, you will need to register different accounts and subscribe to individual Services for each Own Device.
12.      Late Payment: If you delay payment, KiKi TV will send you a reminder or call     you, and may temporarily disconnect you to the Services. The Services may be reinstated after you paid in full the amount demanded by KiKi TV. If you delay your payment for one (1) month from the date of billing, or there is non-payment of fees as set out in Section 5C, KiKi TV will initiate the collection procedure and may charge you a Late Payment fee set forth in Exhibit 1. If we use an attorney or a collection agency to collect any money you owe us or to assert any other right that we may have against you, including without limitation, any breach of any agreement you may have with KiKi TV, you agree to pay the reasonable costs of such collection or other action. These costs may include, without limitation, the costs of a collection agency, reasonable attorneys’ fees and court costs. You agree that in case of late payment or nonpayment for any Services ordered by you or for any of the charges stated above, KiKi TV, in its sole discretion, may report such late payment or non-payment to reporting agencies.
13.      Renewal: You may cancel the Services in accordance with Section 10. If you do not choose this action, the Monthly Subscription will automatically be renewed each month at the then prevailing subscription fee for the same package. The subscription fee will be charged in accordance with Section 5(D).
14.  Cancellation: You may cancel your subscription for any reason at any time by calling us. The cancellation will take effect on the 1st day of your next billing cycle. In the event that your account is cancelled, fees for all VOD movies and TV drama episodes viewed before the termination of the Services will be due immediately and be charged on your designated form of payment. For avoidance of doubt, if you subscribed the Services through a promotion of KiKi TV, any additional charges associated with the termination set forth in the terms and conditions of the promotion shall also apply.
15.  Disruption of Services: You agree that in no event shall KiKi TV be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond KiKi TV’s reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), you shall prompt notify of such failure or interruption to KiKi TV and KiKi TV may either provide you with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. You agree that KiKi TV shall not be liable for any incidental or consequential damages.
16.  KiKi TV Purchased Equipment Warranty:
17. KiKi TV warrants to you that the Purchased Equipment will be free from defects in workmanship and materials, under normal use and service, for one year from your date of purchase. You agree that KiKi TV’s sole obligation under this express warranty shall be, at KiKi TV’s option and expense, to repair the defective Purchased Equipment or part, deliver to you an equivalent Equipment or part to replace the defective item, or if neither of the two foregoing options are reasonably available, KiKi TV may, on its sole discretion, refund to you the purchase price paid for the defective Purchased Equipment. Purchased Equipment or part that is replaced will become the property of KiKi TV. Replaced Purchased Equipment or parts will be free from defects in workmanship and materials, under normal use and service and may be new or reconditioned. KiKi TV warrants any replaced or repaired Purchase Equipment or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.
18. You shall promptly notify KiKi TV for warranty claims that Purchased Equipment is non-conforming to obtain a “Return Materials Authorization” number and return shipping information. Upon receipt and verification of non-conformity, KiKi TV will ship the repaired or replaced Purchased Equipment to you.
19. KiKi TV will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the Purchased Equipment does not exist or results from: (i) failure to follow KiKi TV’s installation, operation, or maintenance instructions; (ii) unauthorized product modification or alteration; (iii) abuse, misuse, negligent acts or omissions of yourself and persons under your control; or acts of third parties, acts of God, accident, fire, lightning, power surges or outages, or other hazards.
20. YOU ACKNOWLEDGE AND AGREE THAT IF PURCHASED EQUIPMENT DOES NOT OPERATE AS WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT KiKi TV’S OPTION. TO THE FULLEST EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. KiKi TV NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
21.  Communication Charges: In order to receive Services from KiKi TV, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access KiKi TV Services. You also agree to bear any communication charges incurred by accessing KiKi TV Services through a third-party network, such as a cable or wireless carrier or your Internet service provider.
22.  Your Property: KiKi TV assumes no responsibility for the maintenance or repair of equipment you use, including but not limited to any television set, personal computer, third party STB devices, iPad®, other tablet device, VCR or other video equipment, remote control, wireless card, and stereo or other audio equipment. You shall be responsible for the repair and maintenance of any equipment you use.
23.  Access to Your Premises: When you elect onsite technical support (if available), you agree to provide KiKi TV’s representatives with access at reasonable times to your premises to install, remove, repair, inspect and maintain the Equipment. Where necessary, you must also obtain permission from third parties (as the landlord for example) for the planned installation work before the KiKi TV onsite technical support is carried out.
24.  Your Privacy:
25.    KiKi TV maintains your personal identification information for the purpose of account management, billing and collection matters, service management and customer support. You agree that KiKi TV may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of KiKi TV Services.
26.     You agree that KiKi TV may record your conversations with KiKi TV call center representatives for the purpose of tracking records and improvement of our Customer Service.
27.  Reproduction of Programs: You agree that the programs provided by KiKi TV will be utilized solely for your personal, non-commercial use and will not be duplicated except in compliance with applicable law. If we reasonably believe you have misused the Services, we may take immediate action to disconnect you from the Services or terminate your agreement with us, without limiting our rights or remedies under this Agreement and applicable laws and KiKi TV reserves the rights to take legal actions for breach of copyright terms of any program reproduced, or inform the copyright holder of the breach.
28.  KiKi TV’s Rights:
29. KiKi TV has no obligation to monitor content or Services accessible by means of the KiKi TV distribution platforms. However, you acknowledge and agree that KiKi TV has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its customers.
30. KiKi TV shall have the right to determine in its sole discretion what constitutes a “misuse” or “commercial use” of KiKi TV’s Equipment and Services.
31.  Customer Service: If you experience any technical fault, have any administration question or want to request any change in your KiKi TV account, you may contact us at the contact information set forth in Exhibit 2 hereto.
32.  Assignment or Transfer: This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.
33.  Breach of Agreement: KiKi TV, at its option, may suspend or terminate the Services without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any information supplied to us; or (ii)you fail to pay the payment due for the Services within the time allowed; or (iii) if for reasons outside KiKi TV’s control, KiKi TV cannot continue to provide the Services; or (iv) if you are involved in unlawful copying or infringement of the content of any of the Services. KiKi TV’s failure to remove such Equipment or suspend/terminate the Services shall not be deemed abandonment thereof. You agree to pay for reasonable legal and attorney’s fees to KiKi TV in the event that KiKi TV shall find it necessary to preserve and protect its rights under this Agreement.
34.  Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of KiKi TV and are subject to change at any time in accordance with applicable law. You may find the information about latest version of packages and channels available at: http://www.KiKiTV.net.
35.  Changing the Term of Services: KiKi TV may change the Term of Services at any time. We will publish details of all changes online.
36.  Disclaimer:
37. KiKi TV assumes no liability to you for any program or information distributed over the system unless locally produced by KiKi TV. KiKi TV shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by KiKi TV.
38. The contents displayed are provided by third party distributors free of charge on the public Internet that are not related to KiKi TV. The speed and picture quality depend on the service of the third party and the Internet speed allowed by your Internet service provider. KiKi TV does not guarantee the service and quality of any Free Internet Contents. KiKi TV is not responsible for any product or information at the third party website, nor is KiKi TV liable for any services or content on the third party websites. The third party website may have a privacy policy that is different than that of KiKi TV’s and that may provide less security; please consult the third party website’s privacy policy for further information.
39.  Limitation of Liability: KiKi TV aims to provide a continuous, high-quality service, but KiKi TV does not warrant that the Services or Equipment will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of KiKi TV. To the fullest extent permitted in law, in no event shall KiKi TV (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if KiKi TV has been advised of the possibility of such claim or damages, or (ii) any claims against you by any other party.
40.  Severability: If any part, term or provisions of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern KiKi TV’s provision of the Services to you.
41.  Choice of Law: You and KiKi TV agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between you and KiKi TV, shall be construed by and governed by in accordance with the Federal laws of Canada.

EXHIBIT 1- Fees

In addition to any amounts due for your Services and any other amounts due under this Agreement or any applicable Package Plan Agreement, you agree to pay the fees listed in the table below (“Fees”) and tax applicable. KiKi TV may adjust these Fees, or impose additional Fees.  You may find the current effective subscription fees information of KiKi TV Packages at our official website http://www.KiKiTV.net.

Discounts on certain Fees may be available from time to time if you subscribe to Promotional Plan.

EXHIBIT 2 – Contact Information