ABOUT JAWWY TV SERVICE
Jawwy TV Service and any other of our services, products and/or platforms, including without limitation our Website (“Other Services”), are not intended to be accessed or used by persons in the European Union or in any country subject to foreign sanctions. If you reside in the European Union or in any embargoed country, you shall immediately restrain from using Jawwy TV Service and any Other Services.
Because of the way Jawwy TV Service is set up:
you may be bound to Jawwy TV Device manufacturer’s terms and conditions;
you will also be bound to terms and conditions for subscribing to Jawwy TV Service
we are not responsible for the availability of any Content or the contents of the Content, none of which are under the control of Jawwy TV;
the Content available and features of the Jawwy TV Service may vary, be different or be unavailable depending on the device or platform you are using the Jawwy TV Service (for example we may not be able to make certain Content available on certain devices) or your geographic location;
we may use of geo-blocking technology where access to Content may be restricted based on your geographical location
the Content available on the Jawwy TV Service may change from time to time and it won't be practical for us to notify you in advance of all Content, but we will do our best to make sure that any changes to the Content do not adversely affect your enjoyment of the Jawwy TV Service; and
the features of the Jawwy TV Service may change from time to time. We'll try not to make any significant changes which are likely to be to your disadvantage without notifying you in advance.
ABOUT JAWWY TV AND YOU
You hereby represent and warrant to us that you:
are not in the European Union;
are an individual and not a corporation; and
are not in any country that is subject to foreign sanctions in accordance with relevant laws, including without limitation the laws of the UAE.
You also acknowledge that we will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the laws of UAE or similar regulations issued by any authority in the countries where we make Jawwy TV Service available.
The terms and conditions set out in this section cover our provision of and your access to and use of the Jawwy TV Service and Jawwy TV Device.
Third Party Terms
Terms of content providers: Because you can access, via the Jawwy TV Service, Content that is made available by content providers, the terms and the pricing (if any) which apply to the Content are determined by the content providers providing it and are beyond our control and responsibility. You must comply with any terms required by content providers when you access their Content.
Other third party terms: In some cases, you may be provided with a Jawwy TV Device (and access to the Jawwy TV Service) by a third party (such as an internet service provider) as part of your contract with that third party. Also, when you opt to make payments using our Website our payment provider will process the respective transactions. Under such circumstances, additional terms may apply, including to your relationship with that third party and to your use of the Jawwy TV Device.
By using the Jawwy TV Service you may encounter Content that may be deemed offensive, indecent or objectionable, which Content may or may not be identified as containing explicit language or adult themes.
You agree to use the Jawwy TV Service at your sole risk and that we shall have no liability to you for any Content that may be found to be offensive, indecent or objectionable.
Certain parts of the Jawwy TV Service may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Jawwy TV Service, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites.
We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
YOUR USE OF THE JAWWY TV SERVICE
How you may not use the Jawwy TV Service: You may not use the Jawwy TV Service in any way other than as described in paragraph 4.1 above. In particular, you may not:
make any public or commercial use of the Jawwy TV Service or any Content, for example, by charging others for accessing them;
modify, copy, reproduce, rebroadcast, or retransmit in any way any of the Content or the Jawwy TV Service;
copy or transfer any Content or the Jawwy TV Service to another device;
access or use, or allow anyone else to access or use, the Jawwy TV Service for any unlawful purpose, including without limitation invasion of privacy, illegal or unauthorised access of information or data;
use your Jawwy TV Device for any other purpose than receiving the Jawwy TV Service; and/or
disassemble, reverse engineer or otherwise decompile the Jawwy TV Device, the Jawwy TV Service and/or any software, applications, upgrades or updates available through the Jawwy TV Service or installed on any Jawwy TV Device.
Breach of security: If you suspect or become aware of: any breach of the security measures on the Jawwy TV Service or your Jawwy TV Device ; any unauthorised use of the Jawwy TV Service; or any other breach of security regarding any transactions that you make through the Jawwy TV Service, please tell us immediately by contacting us at email@example.com.
As stated in paragraph 1.4.3 above, all Content is made available to you by content providers and not by us. As a result:
third parties' terms and conditions and privacy policies may apply (see paragraph 3.5 above) and we are not responsible for their terms and conditions;
content providers may levy a charge for access to their Content and we are not responsible for this;
we have no responsibility for content providers
in the case of information provided by third parties, we cannot guarantee it is correct; and
your dealings with (including, but without limitation, participation in any promotions by) any content providers through the Jawwy TV Service are solely between you and such content provider.
You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as a result of any dealings with content providers or other third parties via the Jawwy TV Service or as the result of their presence on the Jawwy TV Service.
You also acknowledge that some Content owners use Microsoft PlayReady™ content access technology to protect their intellectual property, including copyrighted content. Jawwy TV Service uses PlayReady technology to protect certain Content. If the PlayReady technology fails to protect the Content, Content owners may require Jawwy TV Service to restrict or prevent the delivery of protected Content to specified devices or PC software applications. In certain cases, you may be required to upgrade the PlayReady technology to continue to access the Content. If you decline such an upgrade, you will not be able to access Content that requires the upgrade.
SUBSCRIPTION TO JAWWY TV SERVICE
Subscription: To subscribe to, or activate when you have entered into a contract with a third party provider, Jawwy TV Service you must complete and submit the subscription form available in any of the Jawwy TV platforms (i.e., our Website or Jawwy TV app). When you are subscribing through our Website, you must use your valid mobile number (from stc or any other Telco third party providers) and your personal email ID (when required). If you opt to subscribe through Jawwy TV app using an iOS or Android device, you have to install Jawwy TV app first and subscribe following the instructions provided within the app. Irrespectively of the method you use for subscribing, we may accept, reject or request further information about your subscription request
Pricing: The charges that you have to pay for using Jawwy TV Service are as per either your agreement with the third party provider or as displayed in our Website or Jawwy TV app
Online payments: If you make a payment on our Website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. You warrant the accuracy of the details you provide to us. We accept payments online using Visa and MasterCard credit/debit cards in USD or SAR. You shall always keep a copy of the records of the transactions, and our policies and rules. You acknowledge that multiple transactions may result in multiple postings to your card monthly statement.
In-App payments: If you make a payment using the Jawwy TV app installed in your iOS or Android device, you have to subscribe and pay within the app using Apple In-App Purchase when you do it through your iOS device, or using Google Pay when you do it through your Android device.
Free Trial Period: Your subscription to Jawwy TV Service may or may not start with a free trial. The duration of any free trial shall be as specified by us during your subscription process.
We are free to determine free trial eligibility at our own discretion and we may set limitations to prevent trial abuse. We may use information such as device ID, email address or mobile phone number to determine eligibility. Jawwy TV reserves the right to revoke the free trial and put your subscription on hold or restrict features of the free trial in the event we determine that you are not eligible.
Members of households with an existing or recent subscription are not eligible.
During the free trial period you can opt to unsubscribe the Jawwy TV Service by sending a communication to us in the form we have specified during your subscription process (you can always find this information at http://www.jawwy.tv/en/faq/); and you may still be able to continue to have access to it during the remaining period of free trial, however we do not guarantee your access to Jawwy TV Service.
Unless you have unsubscribed, we will inform you in advance that billing is due to commence upon expiry of your free trial period. We will automatically start charging the applicable fee the following day of expiry of your free trial period. To view your monthly subscription fee and end date of your free trial period, visit Settings > Subscription in Jawwy TV app.
Subscription Period: At the end of your free trial period, your subscription will continue month-to-month until terminated. Refer to paragraph 6.8 below to see how you can cancel your Jawwy TV Service.
Billing Cycle: The subscription fee for the Jawwy TV Service and any other charges you may incur in connection with your use of the service, including without limitation taxes and possible transaction fees, will be charged on a monthly/quarterly basis using a direct carrier billing system (see paragraph 6.7.2 below) on the calendar day corresponding to the following day of the expiry of your free trial period. Your payment date is subject to change, for example if payment is not successful; to see your next payment date visit Settings > Subscriptions on Jawwy TV app.
Payment Method: You may make payments on our Website or Jawwy TV app or using your mobile phone bill. When you sign-up for Jawwy TV Service, you have to provide your mobile phone number along with other personal information; you authorize us to charge payment of your subscription fee directly to your mobile phone bill. If a payment is not successfully settled, due to credit or usage limit, non-payment of your mobile phone bill, insufficient credit, or otherwise, we shall suspend your access to Jawwy TV Service until we have secured payment of due charges; you will remain responsible for any uncollected amounts. Local tax charges and/or other transaction fees may be applicable, check with your mobile service provider for details.
Cancellation and refund policy: If you have opted for making a payment using our Website or Jawwy TV app and a transaction error occurs while making the payment online, a refund in most cases will be issued to the same credit card you used for the original purchase; refunds will be done only through the original mode of payment. Subject to the subscription terms agreed with the third party provider, you can cancel your Jawwy TV Service subscription at any time, and you will continue to have access to the Jawwy TV Service through the end of your monthly billing period. To the extent permitted by the applicable law, there are NO REFUNDS OR CREDITS for any partial-month subscription periods or unwatched Content or for cancellations. In the event you or we cancel, suspend or terminate your subscription, you understand and agree that you shall receive no refund, credit, or exchange for any unused time on a subscription, any license or subscription fees for any portion of Jawwy TV Service, any Content or data associated with your subscription, or for anything else. To cancel, you can go to the "FAQ” page on the Website and see the question How can I unsubscribe and follow the instructions for cancellation; if you subscribed through Jawwy TV app in your iOS device, you have to sign into your iTunes account and cancel your subscription from the iTunes settings and, if your device is Android, you have to sign into your Google account and cancel your subscription from the settings page. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your subscription will close, click Settings > Subscriptions on the app. If you signed up for Jawwy TV Service with a third party and wish to cancel your Jawwy TV Service subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Jawwy TV Service through that third party. You may also find billing information about your Jawwy TV Service subscription by visiting your account with the applicable third party.
We may change the charges payable by you, and if so, we will give you at least 10 days’ notice. If you do not accept the new charges, you may terminate the Jawwy TV Service without any terminating liability to us provided that you terminate the Jawwy TV Service before the increased charges come into effect (i.e., within the 10-day notice period).
Jawwy TV DEVICE AND EQUIPMENT
If you have subscribed the Jawwy TV Service via a third party and/or you have agreed to receive the Jawwy TV Device, a Jawwy TV Device and any other related equipment (“Equipment”) may be provided to you. Delivery of Equipment will be subject to the terms of the contract between you and the relevant third party.
Unless otherwise agreed, for the Equipment located at your home, you shall:
allow our personnel, and only our personnel, to service, modify, repair or replace the Equipment;
use the Equipment in accordance with all reasonable instructions (written and/or verbal) notified by the third party or us or, in the absence of such instructions, to the same standard as if the Equipment were your property;
not interfere with the Equipment, unless we have given our written consent;
keep the Equipment at your home safe; and
not to do anything which is likely to damage the Equipment or impair its performance or operation.
We shall not be liable for any loss or damage that you suffer as a consequence of contravening the terms set out in paragraph 7.2 above.
If the Equipment needs replacing through no fault of your own and is within the applicable warranty period, you may contact the relevant third party for its replacement. If the Equipment is outside the warranty period, then a charge may apply.
THE JAWWY TV SERVICE AND YOUR INTERNET CONNECTION
The internet connection you will need: To make the most of the Jawwy TV Service and to enjoy a high quality TV experience you will need to have internet access and your connection speed should be no less than 3 Mbps for SD or 5 for HD quality streams or as otherwise specified during your subscription process.
Your internet use: Even if your internet connection speed is sufficient, if anyone else is using your connection (for example on another computer in your home if you are using broadband internet) at the same time as you are using it to access certain elements of the Jawwy TV Service, this may affect your ability to make the most of and enjoy the Jawwy TV Service.
Your internet service provider and usage: The Jawwy TV Service may use your broadband connection for a variety of reasons, such as accessing certain Content and accessing software upgrades and updates. Your internet usage is subject to the terms and conditions governing your internet connection.
In order to provide with the best quality of Jawwy TV Service we may need to store data with other group companies or service providers in countries outside your country of residence, including the Kingdom of Saudi Arabia, while ensuring implementation of the latest and best data protection systems and processes.
When you have opted to access Jawwy TV Service via the Jawwy TV Device, such access may only work on your subscribed package internet connection.
CHANGES TO THE JAWWY TV SERVICE
Necessary changes: We may make changes to the Jawwy TV Service:
as a result of legal or regulatory requirements;
if the change does not have a detrimental effect on the Jawwy TV Service you are currently receiving;
where it is necessary to do so to fix any “bugs” or errors;
for reasons relating to security of the Jawwy TV Service;
to upgrade and update the Jawwy TV Service from time to time; and/or
for technical and/or operational reasons.
In some circumstances such changes may have to be made quickly and we may have to change the Jawwy TV Service to a previous version whilst (for example) a bug or error is fixed. Some functionality and/or features may be lost during this time but we will try to fix and to restore all functionality and/or features as quickly as possible and we will not be liable to you for any such period of lost functionality and/or features.
Improvements to the Jawwy TV Service: We are always looking for ways to improve the Jawwy TV Service, and we may make such improvements from time to time. These improvements might include, amongst other things:
adding new features;
removing any features that are not working properly;
changing certain technical specifications;
adding additional security measures to protect the Content and illegal access to the Jawwy TV Device;
embedding digital rights management protection to enable content providers to protect their Content; and/or
making other changes that are necessary to improve the Jawwy TV Service.
Jawwy TV software upgrades and updates: We will make the changes described in paragraphs 9.1 and 9.2 above through software upgrades and updates, which will be delivered to you via your internet connection. You will not be able to decline any software upgrade or update relating to a change described in paragraphs 9.1 or 9.2.
Third party software upgrades and updates: Your Jawwy TV Device contains software of third parties such as content providers and the manufacturer of your Jawwy TV Device. These third parties may upgrade and update their software from time to time. We are not responsible for any such upgrades or updates.
INTELLECTUAL PROPERTY RIGHTS
Our rights and the rights of content providers: You may not use any of our branding or intellectual property rights without our prior permission in writing or use the branding or intellectual property rights of any content providers or their Content without their prior permission in writing. We reserve all of our rights in the Jawwy TV Service and its name, logo, branding and trade marks.
Software: We will supply the Jawwy TV Service using reasonable skill and care but we make no other representations, warranties or guarantees.
Digital rights management: Your Jawwy TV Device contains digital rights management security features. Some Content may also utilise digital rights management security features and/or other content-protection measures. These features and measures enable content providers to protect their Content when they make it available to you via the Jawwy TV Service. You shall not remove or circumvent or try to remove or circumvent these features or measures.
INTERRUPTIONS TO AND SUSPENSION OF THE JAWWY TV SERVICE
Occasionally, we may have to interrupt the Jawwy TV Service or suspend or restrict your use of all or any part of the Jawwy TV Service where reasonably necessary for technical, operational, security, legal or regulatory reasons. If we do so, we will restore it as quickly as we can and we will not be liable to you for any harm you suffer as a result of such interruption, suspension or restriction.
In the event that your Jawwy TV Device is identified as a device in respect of which any digital rights management system has been circumvented or is likely to be circumvented, Jawwy TV reserves the right to suspend the provision of all or part of the Jawwy TV Service to your Jawwy TV Device.
Content that might not be suitable for everyone: Some Content may not be suitable and/or available for everyone. This might include programmes that are not appropriate for children or that are not compliant with the cultural and religious sensitivities of the territory from where you are accessing the Content, or services for which payments are required. Jawwy TV App will have R18 rating which has unrestricted content by default. You will be given the opportunity to set up a parental control rating according to your preference at any time by going to [Settings > Parental Controls on the app. You are responsible for setting up and maintaining parental controls or any other controls that are available, such as checking the ratings given to each programme, and we will not be responsible for any harm, loss or damage you suffer or any other user of your Jawwy TV Service suffers as a result of your failure to manage your parental control settings or if you allow or enable Content to be viewed by members of your household for whom such Content is not appropriate and/or is not compliant with the cultural and religious sensitivities of the respective territory.
Setting up a PIN/password: There will be a pre-set PIN/password for you to use the Jawwy TV Service. When you first use the Jawwy TV Service we recommend to change that PIN/password. You are responsible for keeping your PIN/password secure and confidential and you must take all reasonable precautions to prevent it being used by someone else. If you know or suspect that your PIN/password has been compromised, you should immediately change it
We will do our best to ensure that the Jawwy TV Service is accessible by as many people as possible, although we do not control and are not responsible for the accessibility features of the Content.
Jawwy TV SERVICE AND RESPONSIBILITIES
The quality of the Jawwy TV Service you receive: We aim to provide a continuous, high quality service but we cannot guarantee that the Jawwy TV Service will always be available or be uninterrupted, timely, secure or free from bugs, errors and omissions.
We are unable to guarantee that the Content will be available all the time, as it can change from time to time due to factors outside of our control and without any prior notice. We will do our best to ensure that any changes to Content do not interrupt your enjoyment of the Jawwy TV Service.
There are also other factors outside of our control that may affect your enjoyment of the Jawwy TV Service such as:
the availability of digital TV channels in your area;
the quality and availability of the Content; and
in relation to any of the features of the Jawwy TV Service which are accessed over the internet, the quality of your internet connection.
We are not responsible for any harm, loss or damage suffered by you or anyone else which may arise from use of the Jawwy TV Service:
as a result of a defect with your Jawwy TV Device or any other device you are using to access the Jawwy TV Service;
relating to your use or viewing of any Content;
as a result of any loss of data from or damage to your Jawwy TV Device or any other device you are using to access the Jawwy TV Service except where we have not used reasonable care and skill;
as a result of any infringement or alleged infringement of intellectual property rights by a third party; and
our liability for death or personal injury caused by our negligence or fraud; and
your liability for death or personal injury caused by your negligence or fraud.
Types of loss or damage for which our liability is limited: For any loss or damage suffered by you or anyone else which may arise solely and exclusively from use of the Jawwy TV Service and which is not covered by paragraphs 14.4 and 14.5, our liability is limited to the amount paid by you for the Jawwy TV Service during the preceding calendar month or any other amount that we agree is appropriate.
Assignment. Your obligations, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Export Restrictions. You agree that you will comply with all applicable export laws, restrictions and regulations of any foreign agency or authority, including without limitation of the UAE. You agree not to export or re-export, or allow the export or re-export of the Jawwy TV Service, the Jawwy TV Device, or the Content, in violation of any such law, restriction or regulation.
Law. If Jawwy TV Service is provided to you by us in the UAE, the governing law shall be the laws of the UAE as applicable in the Emirate of Dubai, and any dispute or claim arising out in connection with the Jawwy TV Service shall be resolved in accordance with such laws. If Jawwy TV Service is provided to you by us in any other country than the UAE, the governing law and dispute resolution method shall be as per the relevant subscription terms.
Domicile. United Arab Emirates is our main country of domicile.