Terms and Conditions

1. Competition is open to all who are above 18 years old and residing in the Middle East and North Africa.
2. Contestants must completely and correctly fill up the answer form to qualify. Only one (1) entry is allowed per individual.
3. Prizes:
   Grand Prize: Three (3) winners of an exclusive meet and greet with your favorite stars. If the winner is an active OSN Pinoy subscriber, he/she will also receive a return economy airfare to the Philippines and 3 days/2 nights hotel accommodation in Manila.
   
   Minor Prizes:
   • Eight (8) winners of five (5) ABS-CBN Studio Experience tickets
   • Four (4) winners of five (5) PBA Live Games tickets
   • Two (2) winners of five (5) GMA Live Show tickets
   *OSN Pinoy subscriber is an active customer of any of the Filipino packages of OSN as of August 31, 2019.
   
   *Each winner can select a meet and greet with one artist from the provided list of artists.
4. All entries must be in by August 31, 2019 (Midnight Dubai time). Winners will be drawn and announced on September 1 and will be contacted directly by OSN via the mobile number and email address provided by the contestant.
5. Prizes must be claimed within sixty (60) days from the draw date or until October 31, 2019. All unclaimed prizes will be forfeited.
6. Winners can use the prize within one (1) calendar year from the announcement of winners or until August 31, 2020.
7. Winners must provide at least one (1) valid and active identification material (eg passport, national ID, etc) and an OSN smartcard number, if the he/she is an OSN subscriber, when claiming their prizes.
8. All contestants to the competition agree to be contacted by OSN for promotional purposes.
9. All winners agree to appear on OSN promotional videos to air on the OSN Pinoy channels.
10. Other terms and conditions may apply – contact OSN for details.

IMPORTANT NOTICE: Your use of our Services is subject the following Conditions, which are subject to change by OSN from time to time. Your continued use of the Services shall be deemed your acceptance of the Conditions.

1- Definitions

Reference in this Contract to “you” or “your” are to the Customer and “we” or “us” or “our” are to “OSN” , and reference to “include” or “including” means including “without limitation”.

Additional Conditions: additional terms which vary or supplement these Conditions with respect to the Services (or any part thereof) from time to time. Any Additional Conditions and the duration of the validity of such Additional Conditions will be set out and notified to you at your point of access to the Services.

Additional Period: any subscription period renewed or extended following the expiry of the Minimum Term.

Additional Subscription: an additional or secondary subscription to a Package or Add-ons you have already chosen.

Address: the address of your private residence in the Territory which you have notified to us in the Services Request. Add-ons: a defined lineup of Channels that you may choose to include on top of your selected Package for an additional charge and as part of the Services.

Administration Fees: the one-time non-refundable fees charged to you as part of the Payments in order to activate the Services or process an upgrade of the Services upon your request.

Cancellation Fee: an amount of US150$.

Channels: the channels we may include in any Package, Add-ons and/or any bonus or additional channels we may offer (whether delivered direct-to-home via satellite or via the internet), as may be amended by OSN from time to time.

Commencement Date: the date OSN activates the Services.

Companion App: the application available for download on certain Devices.

Conditions: the terms and conditions set out in this document as amended or varied from time to time in accordance with these terms and conditions, and Conditions shall include any Additional Conditions.

Content: any movie, program, channel, episode or series offered by OSN to view, rent or buy in accordance with the Conditions.

Contract: the Services Request and these Conditions and any other documentation referred to in the Services Request or the Conditions.

Customer: the person whose details are set out in the “Customer Details” section of the Services Request.

Device: any authorised and compatible internet connected device or satellite receiving equipment that you register, by virtue of an eligible subscription, to access any of the Services .

IP Address: an internet protocol (IP) numerical label assigned to each device (e.g., computer, printer) participating in a computer network that uses IP for communication.

IP Rights: present and future copyright, trademarks, design rights, patents, and any other intellectual property rights (registered and unregistered) anywhere in the world.

IP Spoofing: the creation of IP packets with a forged, misleading or incorrect source IP Address, called spoofing, with the purpose of concealing the location or identity of the sender or impersonating another computing system.

Minimum Term: the initial period of 12 month of subscription to the Services starting from the Commencement Date.

MyOSN Account: an online account which can be created and accessed by you through the OSN Website and by using your OSN ID.

OSN: GULF DTH FZLLC, a free zone limited liability company established under the laws of the Dubai Creative Cluster Authority (DCCA) and holding the DCCA commercial license no. 30993 with its registered address at the OSN Building, Dubai Media City, PO Box 502211, Dubai, United Arab Emirates.

OSN ID: personal credentials composed of a personal username and a personal password used to set up a MyOSN Account to access to MyOSN Account and the Services.

OSN Play: OSN’s digital platform allowing you to access streaming content on Devices, after registration of your MyOSN Account and in accordance with the Conditions.

OSN Play Territories: Currently Afghanistan, Algeria, Bahrain, Chad, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Tunisia, United Arab Emirates and Yemen, as may be amended by OSN from time to time.

OSN Privileges: the exclusive rewards program offering you prizes and partner offers.

OSN Store: the service through which you can rent or buy Content via the “OSN Store” service as made available in OSN’s sole discretion. OSN Website: the website owned and/or controlled by OSN with the current URL address www.osn.com, in addition to any other page or portal that is under the said domain name, or as may be amended by OSN from time to time.

Package: a defined lineup of Channels that we offer in order to have access to the Services and which you may choose to upgrade with Add-ons.

Payments: the fees you must pay us in advance in order to receive the Services (including without limitation, Administration Fees, Cancellation Fees, etc…)

Payment Option: the option for Payments, as selected by you in the “Payment Details” section of any Services Request.

PPV: content offered to you by OSN on a pay per view basis in accordance with the Conditions.

Security Measures: technologies such as digital rights management and copy protection employed by OSN or third parties to control the play back and unauthorised copying of Content, as may be updated in OSN’s sole discretion from time to time.

Services: the services provided by OSN to you which shall include the relevant Package(s) and such other services chosen by you such as any Add-ons, OSN Play, OSN Store, MyOSN Account, the Companion App and such other services as may be offered by OSN from time to time to you under these Conditions.

Services Request: the request whether made via a form attached to these Conditions, via an online form, the OSN Website or any of its portals, SMS, telephone or other method setting out your “Customer Details”, “Package Details” and “Payment Details”. Taxes: the value-added, sales, use, excise, customs duties, withholding or other taxes, levies, duties fees or surcharges (including, but not limited to regulatory fees or surcharges) relating to the sale, purchase or use of the Services under this Contract.

Term: the Minimum Term together with any Additional Periods, and as may be extended from time to time pursuant to Clause 2.3. Territory: the Territory where you are located as specified in the Services Request.

2- The Service

2.1 This Contract shall become effective and shall be binding from the date on which you agree to these Conditions and the Services Request, in accordance with clause 17. This Contract supersedes and replaces any previous terms and conditions entered into between you and OSN or any other OSN group company for services similar to the Services at any time in the past.

2.2 We shall provide the Services to you for the Term subject to the Conditions, and to you fulfilling any setup, payment or activation requirements that may be necessary to allow OSN to provide you access to Services.

2.3 Your Contract is valid for the Minimum Term and shall automatically renew on a monthly basis after the expiry of the Minimum Term.

2.4 Where you elect to take an Additional Subscription, the terms of this Contract will apply and, in addition you shall be required to maintain your other Services for the duration of the Minimum Term of the Additional Subscription and any extensions thereof pursuant to Clause 2.3.

2.5 All Services shall be performed by OSN from the Dubai Media City, United Arab Emirates.

3- Payments

3.1 You agree to pay OSN the full Payments, as may be amended from time to time, using the Payment Option you have chosen.

3.2 If your selected Payment Option is credit card or direct debit, we will collect the Payments and any other amounts as and when due automatically from your account.

3.3 We may change your Payments for (i) any Packages at any time by giving you a minimum of one (1) month prior notice (by any means at our sole discretion) and (ii) any Add-Ons, Channels, Content on the OSN Store or OSN Play, at any time without notice. We are not obliged to honour prices that are the result of obvious errors and which you could reasonably be expected to know are mis-priced.

3.4 We may also change or adjust your Payments at any time: (i) if any law or regulatory authority requires us to change any aspect of our pricing which affects your Payments (including any introduction or changes to any Taxes), or (ii) if you change your Services, or (iii) if local exchange rates fluctuate to affect the amount that is originally due to us, or (iv) if any banking, finance or other administrative charge is imposed on your Payment Option and affecting the net amount that is due to us.

3.5 If you fail to pay any of the Payments you owe to OSN as and when due, we can immediately suspend and/or disconnect the Services and/or terminate the Contract.

3.6 You authorise us to alter your credit card or direct debit instructions if your Payments change for any reason. Additionally, you authorise us to charge to your credit card or direct debit, during or after the Term, any other Payments due under this Contract.

3.7 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 us expires, is cancelled, terminates or otherwise becomes invalid whereupon you shall immediately provide us with a valid and authorised replacement credit card number, together with the expiry date, issuing bank name any any other details requested by OSN, from which OSN shall be authorised to collect the Payments due hereunder. In the event you have not so notified OSN, you hereby authorise OSN to directly contact the issuing bank for your credit card and you request, and authorise and agree, that the issuing bank for your card shall directly provide OSN with your credit card number (and any replacement credit card number) together with expiry date and any other details requested by OSN.

3.8 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 authorise OSN to directly contact your bank from time to time during the Term and request, and you hereby authorise 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 authorisations made by you in this Contract.

3.9 Payments and any other amounts due from you under or in connection with this Contract are expressed exclusive of applicable Taxes. OSN accepts no liability whatsoever for the payment of Taxes applicable on such amounts, which shall be paid by you in additional to such amounts.

3.10 You may not terminate this Contract at any point during the Minimum Term. In the event that you choose to cancel your Contract at any time during the Additional Period, you may only do so in accordance with Clause 19.3 below. Under no circumstances will you be eligible for any refund of money already paid. For the avoidance of doubt, should you wish to cancel the Contract at any time during the Term, you may be required to pay to OSN the applicable Cancellation Fee in addition to any other Payments you may owe us hereunder.

4- Your Package

4.1 The Channels that we provide as part of the Services are primarily supplied to OSN by third parties and their availability is outside of our control. Consequently OSN accepts no responsibility for the Content and/or availability of the Channels, and the availability of Content on such Channels.

4.2 We can, at any time without prior notice (i) replace or withdraw advertised or other Content (ii) change or reduce the number of hours of any Channel’s broadcast (iii) encrypt or unencrypt any Channel (iv) vary or withdraw any Channel or Services and/or (v) vary or withdraw your Package and/or Add-ons.

4.3 Subject to Clause 4.5, if you elect to change your Package and/or add or change any Add-ons or to take additional Services, and we permit you to do so, you agree to immediately pay the then current Payments corresponding to such new Package, Add-one and/or Services.

4.4 We will carry out upgrade services to your Package within forty eight (48) hours of receipt of such request, provided the Payment relating to such upgrade or service request are fulfilled by you.

4.5 Downgrade by you of the Services will not be allowed during the Term.

5- Pay Per View / OSN Box Office

5.1 To purchase any Content via PPV, you must subscribe to a Package that includes access to PPV.

5.2 You may purchase PPV Content via OSN Website, by SMS or by phone for viewing as applicable on a Device or your television.

5.3 You hereby authorise us to charge to you any payment due for your PPV purchase using your Payment Option.

5.4 OSN will not be liable for any failure to provide any PPV Content for reasons outside of our reasonable control or because of anything for which we have excluded liability under Clause 12 of these Conditions.

6- MyOSN Account and OSN Play

6.1 All Customers with a valid subscription to any Packages and who are eligible direct OSN subscribers (i.e. not cable customers) may create a MyOSN Account. OSN may at its discretion permit specified cable operators to provide the OSN Play services in some territories within the OSN Play Territories. Please check with your local cable provider.

6.2 If you are eligible, you can create an OSN ID by visiting the OSN Website and following the registration instructions. You will need a valid email address as well as other details depending on the Services chosen. Once validated, your OSN ID will allow you access to manage your account through the MyOSN Account tab and will allow you access to Services such as OSN Play and OSN Privileges.

6.3 You will be able to access OSN Play on a limited number of Devices but OSN Play may not be available on every type of Device. OSN may, at its sole discretion, vary the number of Devices that may be linked to a MyOSN Account at any time. No Device shall be supplied to you by OSN as part of the Services.

6.4 Access to OSN Play and/or to content on OSN Play may vary between OSN Play Territories and OSN may suspend OSN Play availability in some of the OSN Play Territories at its sole discretion. You will not have access to the Content offered on OSN Play outside the OSN Play Territories.

6.5 The Content that you can access through OSN Play may be determined by the Packages and/or Add-ons you select from time to time and may vary from the Content available through your other Services.

6.6 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 levied by your internet or data service provider, whether for subscription or use of data, together with all costs of the equipment and software you need to connect to OSN Play. OSN makes no guarantee that your equipment or software will be compatible with the OSN Play and will not be liable if it is not.

6.7 OSN does not guarantee that 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 any Device or other equipment used to access it.

6.8 You agree not to use your MyOSN Account to distribute any software viruses or other harmful programs.

6.9 You are solely responsible for keeping your OSN ID credentials such as the username and password confidential and you are responsible for all activity that occurs under your MyOSN Account. Access to and use of MyOSN Account and OSN Play is non-transferrable.

6.10 You are responsible for enabling and/or installing any plugins, add-ons and/or other software required to access OSN Play and to follow any instructions given by us in support of uninterrupted viewing.

6.11 OSN may suspend or terminate your access to OSN Play or the Services without notice at any time if we deem, in our sole discretion, that your use of OSN Play exceeds fair usage or you are using your MyOSN Account and/or OSN Play in violation of any of the Conditions.

6.12 Non availability, suspension or termination of access to the OSN Play and/or MyOSN Account will not allow you to claim any refund of any Payments (or portion thereof) or other amounts paid by you under the Contract.

6.13 We may allow you to create sub accounts to your primary MyOSN Account (Sub Account). The number of these permitted Sub Accounts will be determined at our sole discretion either at the time of creation of the MyOSN Account or during the period that it is active. All accounts including any Sub Account will have features such as parental controls. It will be the sole and absolute responsibility of the person named in the Services Request to manage and monitor the use, creation and access of all persons to the Services, including MyOSN Account and OSN Play. The use of all Sub Accounts shall be subject to these Conditions.

6.14 OSN Play access shall automatically cease on the termination of your subscription to any of our Packages.

7- OSN Store

7.1 The OSN Store is a service owned and operated by OSN through which you will have the opportunity to buy or rent Content from OSN via certain Devices. In order to buy or rent Content from the OSN Store you must, for the time being and until further notice, have a valid subscription to a Package and have registered for a MyOSN Account.

7.2 Access to any Content begins when you successfully complete an order to buy or rent Content either by clicking “confirm” or by entering your payment PIN when prompted in the OSN Store.

7.3 Usage of the OSN Store or any Content contained therein shall be strictly in accordance with these Conditions and any other usage rules as may be notified to you or updated from time to time.

7.4 Subject to Clause 6.10, you acknowledge that for the time being you may be able to access the OSN Store and any Content purchased via the OSN Store through the means made available by OSN only.

7.5 In order to buy or rent Content from the OSN Store you must have sufficient credit in your MyOSN Account in order to fund any such transaction. When confirming your purchase in the OSN Store, the relevant amount shall be deducted from your MyOSN Account. In the event that you do not have sufficient credit in your MyOSN Account you may be prevented from accessing Content until such time as your MyOSN Account has been sufficiently funded.

7.6 You cannot cancel your rental or purchase of Content, as applicable, after the point at which you confirm your order as this is the point at which we begin supply of the Content.

7.7 If a processing error is discovered which relates to Payment, we will endeavour to rectify the error as soon as possible, provided that it did not arise (i) due to you not having sufficient funds in your MyOSN Account, (ii) through no fault of OSN, or (iii) you having been informed that our systems may not be working properly but proceeding with a transaction in any event.

7.8 You acknowledge that your Device(s) have limited storage capacity and that if such capacity is reached, it may not be possible to store any further Content purchased from the OSN Store. In such circumstances, you should contact OSN customer services for assistance.

7.9 If any Content that has previously been purchased and downloaded is subsequently deleted, you acknowledge that you may not be able to access such Content without re-downloading it for which an additional charge may be rendered. If you wish to re-watch any Content that you have deleted please contact OSN customer services for assistance.

7.10 Content purchased on a “buy and keep” basis from the OSN Store will, however, also be available for streaming via your MyOSN Account on OSN Play for so long as you remain a subscriber to one of our Packages and for so long as we have the rights to offer such Content from the relevant rights holder.

7.11 In the event that you cease to subscriber to a Package, you may no longer be entitled to access any Content downloaded from the OSN Store. Should you wish to retain access to any such Content, you will need to contact OSN customer services make alternate arrangements for accessing any such Content downloaded from the OSN Store. In the event that we are unable to agree make alternate arrangements, you agree to forfeit access to any Content purchased and downloaded from OSN Store, acknowledging that an alternate arrangement for providing access to any such Content has been offered by OSN. In such circumstances, OSN shall not be liable for the loss of access to any such Content.

7.12 The ability to stream and/or download Content may not be offered to you indefinitely. For example, we will be unable to continue to offer you particular Content if we no longer have the rights to do so from the relevant rights holder(s). If we no longer offer particular Content we will use reasonable efforts to make this information available to you. Please have this in mind when deciding to delete Content.

7.13 Some rental Content may be available to stream in standard definition (SD) only. The time frames in which you may watch Content you have rented may be limited to certain ‘access periods’. For example, in the case of Content rented from the OSN Store, once you start watching the rental Content, you must normally finish watching it within 24, or in some cases, 48 hours. Your access period will also normally expire 30 days after the date on which you paid for that rental Content (even if you have not started or finished watching it). Once the relevant access period has expired, the rental Content will no longer be available to you. The applicable access period (which may vary for each piece of Content) will be stated within the OSN Store at the time you rent the Content. If you have any queries relating to the above please contact OSN customer services who will endeavour to resolve your queries.

7.14 You acknowledge that we may change the OSN Store (including by withdrawing Content from it) at any time.

8- OSN Privileges & Special Offers

8.1 We may from time to time offer certain special offers related to the Services. In addition, once you have a MyOSN Account, you will have access to OSN Privileges.

8.2 Any special or promotional offers you may benefit on the Services at any time during the Term or as part of OSN Privileges may not be used in conjunction with other offers from OSN on the Services or otherwise. OSN reserves the right to amend or cancel any special or promotional offer for any reason. OSN is under no obligation to provide you with any special or promotional offer after the expiry of an offer you may have benefited from.

8.3 We do not have any control over, and are not responsible for, the OSN Privileges offered by third parties or any equipment or services provided to youin relation to such OSN Privileges or special offers.

8.4 OSN Privileges and other special offers may be subject to certain Additional Conditions. If there is any conflict between the Additional Conditions and these Conditions, the Additional Conditions will prevail for such OSN Privileges and special offers. Your will be required to accept the Additional Conditions prior to accessing the relevant Services.

9- Companion App

We grant you a limited licence to download, access and use the Companion App for your personal use only, and only in accordance with these Conditions.

10- Third Party Sites

10.1 Certain of the Services (including but not limited to OSN Privileges and the Companion App) may contain links to websites and other pages and platforms that are operated by third parties (“Third Party Pages”).

10.2 We do not have any control over, and are not responsible for, the content on those Third Party Pages and you access and view that content at your own risk and in accordance with any terms of that Third Party Page.

9.3 You must ensure that your use of the Third Party Pages is in accordance with the terms and conditions of those Third Party Pages. In addition, you must not post any comments that may cause damage to the reputation of OSN, are offensive or are contrary to the social, religious and cultural norms of the Arab world.

11- Internet Connectivity

11.1 You need to be connected to the internet to receive Content. The ability to stream or download Content may be impacted by the speed of your internet connection and may be unavailable if your internet connection is below a certain speed. Your internet service is provided by a third party and OSN shall not be responsible for it and you should contact your internet provider if you experience problems with it. When downloading or receiving Content, you must have sufficient storage capacity to store the Content file. Content streamed or downloaded will count towards any internet usage limits that apply to your internet service. You are responsible for any charges associated with those limits.

11.2 The quality of the display of Content may vary from Device to Device and may be affected by a range of factors, such as your location, the bandwidth available, the Content selected, the configuration of your Device or the speed of your internet connection. Please check with your internet or network operator provider for information on possible data usage charges, network speed or roaming charges.

11.3 By using the Services you agree to receive updated versions of OSN and related third party software without notice from us.

12- Our Liability

12.1 You acknowledge and agree that (i) the Services, information, related features, software, Content and anything provided by way of a special offer or the OSN Privileges are provided to you by us “as is” and without any guarantee, representation or warranty of any kind and at no time does OSN guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or free from errors; and (ii) any Content viewed or otherwise obtained through your use of the Services is done at your own initiative and risk.

12.2 To the fullest extent permitted by law, we and our associated companies and agents from time to time exclude responsibility and all liabilities arising from:

(a) any use of the Services not authorised by us;

(b) the ending, suspending or restricting the Services or Content in accordance with these Conditions;

(c) any fault (howsoever caused) in any Device you may use to access/receive the Services or any act or default of any third party supplier or Device manufacturer;

(d) any delay, failure, act or default in relation to the provision of the Services caused by events outside of our reasonable control (including for example severe weather conditions, terrorist activity, war or government action);

(e) any errors, viruses or bugs or Content that might be harmful for the proper functioning of any Devices as a result of you accessing the Services;

(f) any software malfunction encountered by you in accessing the Services or any incompatibility of the Content with your Device;

(g) any charges or other fees payable by you to any internet service provider for use of the internet as may be required to access the Services;

(h) your inability to use the Services, where applicable, as a result of your failure to gain access to the internet whether through an inadequate internet connection, insufficient bandwidth, or otherwise;

(i) interruption or delay in the performance of the OSN payments systems caused by matters outside our reasonable control;

(j) any loss or damage caused by employees of OSN or our subcontractors in circumstances where (i) there is no breach of a contractual obligation or legal duty of care owed to you by us or any of our employees or subcontractors, or (ii) such loss or damage is not a direct or reasonably foreseeable result of such breach; (k) any loss or damage which results from any breach by you of these Conditions; or (l) any failure by you to follow our reasonable instructions.

12.3 In addition to the above, in no event will OSN, its subsidiaries, directors, employees or licensors be liable to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, or any damages or loss (including, but not limited to any damage to your Device) arising out of or in connection with the use or performance of the Services.

13- Security Measures

13.1 For security reasons and to protect the rights of our Content partners, you agree that you shall not at any time circumvent or compromise any Security Measures or permit or encourage any other person to circumvent or compromise any Security Measures nor use or attempt to use the Services on a Device where limitations included within the Device operating system have been removed or tampered with (i.e. a ‘jailbroken’ or ‘rooted’ device).

13.2 You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Conditions) Content and information contained on or obtained from or through the Services without express written permission from OSN. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the Content protections; use any robot, spider, scraper or other automated means to access the Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services; insert any code or product or manipulate the Content in any way; or, use any data mining, data gathering or extraction method. You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other computer code, files or programs. You may not tamper with or modify the signal of any Content made available or alter, cover, modify or remove any graphics, logos or other on-screen text or images appearing on any Content.

13.3 You are responsible for the security and proper use of your username and your account details and password and all activities thereof. If you know or suspect that your username or password has been compromised, or you suspect or become aware of any other breach of security, you must notify us immediately (through the “Contact Us” pages of the OSN Website or by emailing feedback@osn.com) and you must also ensure that any such username and password is changed as soon as possible. If we believe that there has been, or is likely to be, a breach of security we may suspend usernames or passwords and require that they are changed. We may also restrict your use of all or any part of the Services.

13.4 If your authorised Device is sold, lost or stolen, please deactivate such Device. If you fail to log out or deactivate your Device, other users may access the Services through your account and may be able to access certain of your account information. To deactivate a Device, follow the instructions on your “My Account” page of MyOSN Account, or contact OSN customer service for assistance.

13.5 Any non-compliance by you with this Clause will entitle us to immediately terminate your access to the Services without prejudice to any remedy available to us at law and without any liability on behalf of OSN.

14- Intellectual Property

14.1 Subject to your compliance with these Conditions and your payment of applicable fees, OSN or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable and revocable licence to access and make strictly personal, non-commercial use of the Services. No right, title or interest in any Content shall be deemed transferred to you.

14.2 All IP Rights in the Services and Content is owned and/or controlled by OSN, it’s group companies or its licensors. Nothing in these Conditions grants you a right or licence to use any IP Rights owned or controlled by OSN or any other third party except as expressly provided in Clause 14.1

14.3 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 to engage in IP Spoofing and / or hacking to access the Services or to reproduce, lend, hire, rent, perform, sub-licence, make available to the public, create derivative works from, frame, broadcast, commercially exploit, transmit or relay any part of the Content or Channels (in whole or in part) 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, even if no charge is made.

14.4 You may not directly or indirectly charge others for accessing, viewing or listening to any of the Content and/or Channels (in whole or in part) provided to you as part of the Services, or commercialise or attempt to re-sell the Content and/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 Content and/or Channels provided to you as part of the Services, including any third party software application.

14.5 MyOSN Account is unique to each subscriber and we can identify any unauthorised use of OSN Play or illegal copying of Content and/ or Channels. In the event that we are able to identify you as the source of any illegal copying or unauthorised reception of Content and/or Channels delivered to you as part of the Services (whether through or using your MyOSN Account or otherwise), OSN shall be authorised without notice to (i) suspend and/or terminate this Contract; and (ii) co-operate with (including by providing your details, your Address and/or details of your MyOSN Account and/or Devices) any owner/licensor of IP Rights in the illegally copied Content and/or Channel or the relevant authorities (including but not limited to the police) for the purpose of prosecution of such offence.

14.6 We may disable or alter some functions of your MyOSN Account or OSN Play in order to prevent you from copying certain Content and/ or Channels. If your MyOSN Account or OSN Play allows copying of these materials, then at our sole and absolute discretion and without prior notice or warning, we may prevent you receiving the Services or any part of the Services.

14.7 Any breach of this Clause may infringe the IP Rights of third parties in the Content and/or Channels provided as part of the Services. You will be responsible for any claims made against us for losses we may suffer as a result of actual or claimed IP Rights infringement committed by you or any other person using your MyOSN Account in relation to the Services, and you hereby indemnify us to the full extent against any such losses.

14.8 Any non-compliance by you with this Clause will entitle us to immediately terminate your access to the Services without prejudice to any remedy available to us at law and without any liability on behalf of OSN.

15- Parental Guidance

15.1 You confirm you are 18 years of age or older.

15.2 The Services you have chosen may contain programming or other Content you consider indecent, objectionable, offensive or unsuitable for young audiences. If you permit a child and/or minor to access, view or listen to the Services you are solely responsible for deciding whether or not that programming and/or other Content is appropriate for that child and/or minor to view and OSN shall not be liable for that decision. We strongly recommend you adhere to any age classifications shown on the relevant Channels and/or Content prior to each program and utilise the parental control facility available within the Services.

15.3 You agree that the use of our Services, including but not limited to the viewing of the Channels and/or Content and/or creation and use of MyOSN Account, OSN Play and/or the Sub Accounts shall be your responsibility and shall be subject to these Conditions.

16- Data Privacy

16.1 OSN is committed to protecting your personal information and shall only (i) collect such information as set out below and (ii) use any such information for the purposes set out below.

16.2 The information we may hold about you includes, but is not limited to (i) copies of your identification documents such as passport, visas, national ID cards, driving licences etc and other documentation you have provided to us as part of setting you up as our customer (ii) information you have provided to us via any means, including but not limited to via the OSN Website, Services Requests, phone calls, text messages or software applications or via any other means (iii) information collected when you have ordered or enquired about OSN products and services; (iv) information we collect using cookies stored on your Device about your use of the Services; (v) your IP Address

or MAC address; and (vi) information from the Devices or receiving equiment you use and how you use them to receive the Services, for example, the collection of diagnostic information (Information).

16.3 In addition to using your Information to provide you with the Services and general account management and the management of traffic across our network, you agree that we may also use, process, transfer to and/ or share your Information with our successors, affiliates, agents, partners, contractors, subcontractors, employees, officers, data processors or consultants of OSN and with any other third parties (in or outside the Territory) including, where applicable, for a reasonable time after you have ceased to be a OSN customer, in the following ways:

(a) to monitor and improve OSN business, products, services and websites;

(b) for market research;

(c) to enable us to comply with any legal or regulatory requirements;

(d) to protect or enforce our rights or the rights of any third party in the detection and prevention of fraud and other crimes and to work with law enforcement agencies and other official organisations for security and enforcement purposes;

(e) to send you direct marketing (this may include communications by post, telephone, SMS, email, via the Services or otherwise) about OSN and our and/or our selected OSN partners products and services, events and special offers, special promotional offers or initiatives such as a loyalty program;

(f) to provide you with personalised services, such as providing you with viewing recommendations and tailored advertising,\(this means \ that we have your agreement to store information about you on the Devices you use, for example to make some of the adverts you see more relevant to you); and/or

(g) to provide you with online behavioural advertising through the use of cookies when you visit our websites.

17- Acceptance of the Conditions and Changes to your Contract

17.1 This Contract and its Conditions are deemed to be in force upon your mere expression of acceptance that may be explicit or tacit and regardless of the forum under which and the form in which your acceptance materializes (whether verbal, physical or electronic). By selecting the “I Accept” button and/or by manually signing on an electronic device, you are signing this Contract electronically. You agree your electronic signature or acceptance is the legal equivalent of your manual physical signature on this Contract. By doing so, you consent to be legally bound by this Contract. You further agree that your use of a signature pad, key pad, mouse, remote control or any other electronic device to sign, select an item, button, icon or similar act/action, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions on this Contract or the OSN Website or any of its portals constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing.

17.2 You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting agreement between you and OSN.

17.3 OSN may vary or amend this Contract at any time and/or add or vary Additional Conditions applicable to any special promotional offers we may grant to you.

17.4 You agree that we may give you notice of such variation or amendment by any means (at our sole discretion) including, without limitation, by publishing the revised terms on the OSN Website, OSN Store, via the Services, or by email, SMS or other message to any Device. You agree that such notice is sufficient to give effect to the amendment or variation and that such amended or varied Contract will govern your future use of the Services and, by continuing to use or access the Services, you agree to be bound by whichever version of these Conditions is applicable at such time.

17.5 The terms of your Contract will be deemed amended to reflect any additional Services you elect to take from OSN as contemplated by these Conditions. You agree that we are entitled to rely on any form of instruction from you (including, without limitation, verbal instruction) as binding confirmation of your election to take additional Services from OSN and to make additional Payments to OSN in relation to such Services.

17.6 If any provision of this Contract is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions will not be effected and will remain in full force and effect.

17.7 This Contract may be executed and/or accepted electronically and/or in duplicate counterparts, the production of either of which (including a physical signature or E-Signature) shall be sufficient for all purposes for the proof of the binding terms of this Contract.

18- Assignment

18.1 OSN reserves the right to partly or wholly transfer, novate and/or assign the rights and/or the obligations under this Contract to a third party at any time during the Term and without notice.

18.2 You may not transfer, novate and/or assign your rights or obligations, or any part of them, under this Contract to any third party. This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to Clause 18.1 above.

19- Termination

19.1 This Contract is valid for the Term subject to our right to terminate without cause and without notice and with immediate effect, at our sole discretion. If OSN elects to terminate this Contract prior to the expiry of the Term, without cause, OSN will reimburse you a pro-rata amount of any pre-paid or unused Payments.

19.2 We reserve the right, at our discretion and without notice or compensation to you, to restrict or terminate your use of the Services if you breach, or we have reasonable grounds to believe that you have breached these Conditions, if we suspect or believe that you have committed or may be committing any fraudulent activity against us or against any other person or organisation through yours or their use of the Services, or if you otherwise engage in conduct which we determine to be unacceptable or that breaches any laws and regulations of the Territory or that does not comply with the social, cultural or religious norms of the Territory.

19.3 If you decide not to renew the Contract at the end of the Term or to cancel the Contract prior to the expiry of the Term, you must provide a cancellation notice to us to inform us of your intention to terminate the Contract on thirty (30) days prior notice. Any such cancellation notice by you will take effect from the last day of the payment period following expiration of your notice of cancellation (e.g. where your Payment Option is credit card or direct debit, the last day of the month for which you have most recently paid).

19.4 If this Contract is terminated prior to expiry of the Minimum Term by you pursuant to Clause 19.3 or by us due to your breach of the Conditions (i) we shall not be obliged to refund any Payments or other payments made you and (ii) we shall be entitled to charge you the Cancellation Fee (and in the event you have opted to take an Additional Subscription, we shall be entitled to charge you an additional Cancellation Fee for each Additional Subscription) in addition to any other amounts you may owe us under this Contract.

19.5 Any termination made pursuant to these Conditions shall be made by simple notice to the other Party without the need for such notice to be notarised or any requirement for a court order in the United Arab Emirates or elsewhere.

19.6 Upon termination of this Contract, for whatever reason, your access to the Services will immediately cease.

20- Piracy

20.1 You acknowledge that the provision of unauthorised access to the Service or distribution of the Channels or Content through any means is an illegal act that causes OSN considerable damage. In the event that OSN determines that you are or were engaged in any unauthorised access to the Services / distribution of the Channels or Content at any time, then without prejudice to any other right or remedy available under these Conditions or at law, OSN is authorised to immediately terminate your access to the Services.

20.2 Without prejudice to any other remedies, in the event OSN terminates your access to the Services due to piracy OSN reserves the right to:

(a) to charge your credit card for the balance of the Payments due under the Contract for the remainder of the Term, which you agree is reasonable. Under no circumstances will you be refunded any amounts if the Services are terminated pursuant to Clause 20.1.

(b) seek reasonable compensation equivalent to a minimum of US1,200$ for damages incurred as a result of each individualpiracy act directly or indirectly linked to your MyOSN Account or actions, including automatic charges to your credit card to recoup such compensation, such amount being a genuine pre-estimate of the losses OSN will suffered as a result of your piracy act; and/or

(c)refer you to the relevant authorities and/or the relevant owner or licensor of the IP Rights 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.

21- Law, Disputes and Jurisdiction

22.1 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 of the United Arab Emirates as applicable in the Emirate of Dubai.

22.2 In the event of any dispute or grievances in relation to the Services please contact us at any time by emailing feedback@osn.com and we shall endeavour to resolve any such disputes. If we are unable to resolve any such disputes, the competent courts of the Dubai International Financial Centre (DIFC) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Conditions.

22.3 Notwithstanding the foregoing, OSN shall have the right to apply to any court of competent jurisdiction for provisional relief, a temporary restraining order, temporary injunction, permanent injunction and/or order of specific performance, as may appear reasonably necessary to preserve or enforce the IP Rights of OSN, its group companies or licensors or otherwise prevent piracy.

22.4 If there is conflict between the English and Arabic language versions of these Conditions, the English version will prevail.

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Installation Terms and Conditions

1. Definitions

Reference in these terms and conditions to “you or “your” shall refer to the Customer as set out in the Installation Request and “we” or “us” or “our” means the Company, and reference to “include” or “including” includes and is construed “without limitation”. Additional Conditions: additional terms which vary or supplement these Conditions. Any Additional Conditions will be communicated directly to you from time to time. Address: the address of your private residence in the Territory which you have notified to the Company in the Installation Request.

Installation Request: the installation request application accompanying this Contract and headed “Installation Request” completed and signed by you and setting out “Customer Details” and “Equipment Details”.

Commencement Date: the date the Smart Card is activated. Company: the company which details are specified in the “Company Details” section of the Installation Request and with which this Contract is entered. Conditions: the terms and conditions set out in this document entitled Installation Terms and Conditions” as amended or varied from time to time in accordance with these terms and conditions, and Conditions shall include any Additional Conditions. Contract: the Installation Request and the Conditions and any other documentation referred to in the Installation Request or the Conditions.

Customer: the person whose details are set out in the “Customer Details” section of the Installation Request.

Equipment: the Set Top Box, Smart Card, Satellite Dish and related equipment (or any of them) supplied to you by the Company, the use and return of which are governed by the Conditions. IP Address: 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: 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.

Replacement Cost: the cost of US250$ payable pursuant to Clause 4(d). Satellite Dish: the satellite dish supplied to you as part of the Equipment which must be installed only by the Company (or Company approved) technicians.

Set Top Box: the specific hardware provided to you by the Company incorporating a digital satellite decoder using an authorized conditional access (encryption) system (including the remote control, manual and associated TV cables) and any additional DVR technology included from time to time.

Smart Card: the card or cards that permits you to view television services when used with a Set Top Box.

Taxes: value-added, sales, use, excise, customs duties, withholding or other taxes, levies, duties fees or surcharges (including, but not limited to regulatory fees or surcharges) relating to the sale, purchase or use of the Equipment under this Contract.

Term: has the meaning given in at Clause 2(c).

Territory: the country named in the Installation Request.

2. The Equipment

(a) This Contract shall become effective and shall be binding on you and us from the date on which you sign and/or accept the Installation Request in accordance with Clause 11 of the Conditions. This Contract supersedes and replaces any previous terms and conditions entered into between you and the Company or any of our group companies for provision of equipment at any time in the past.

(b) The Equipment will be leased to you for the Term in consideration for a payment and subject to the Conditions.

(c) This Contract shall commence on the Commencement Date and continue in force unless and until terminated by the Company under Clause 13 (the “Term”).

(d) You agree that this Contract shall only entitle you to use the Equipment at the Address in the Territory for private residential use. Your right to use the Equipment is personal to you and may not be sold, leased, transferred, accessed or used other than as set out in this Clause.

(e) The Equipment will be delivered and provided to you at the Address in the Territory by the Company (or Company approved) technicians, in accordance with Clause 5 below.

(f) Any amounts due from you under this Contract are exclusive of Taxes. The Company accepts no liability whatsoever for the payment of Taxes applicable on such amounts. Any applicable Taxes will be paid by you in addition to such amounts.

3. Your Smart Card

(a) A Satellite Dish and a Set Top Box are required to use an activated Smart Card.

In addition, 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 the Satellite Dish and be in stand-by mode when not in use.

(b) You agree that you will only use the Smart Card with the paired Set Top Box and 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 or for any type of public performance purposes at the Address.

(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 endeavour to provide a new Smart Card before the old one becomes invalid.

(d) The Smart Card shall remain the property of the Company at all times after it is provided to you and if requested by us, you shall return it to the Company this Contract terminates for any reason or when a replacement Smart Card has been sent to you.

(e) You agree not to transfer, hire out, lend or otherwise allow another person to use the Smart Card. You are responsible for ensuring that the Smart Card provided is kept securely, used carefully and only in accordance with these Conditions. (f) You agree not to use the Smart Card outside the Address and to notify the Company immediately of any change of Address. You must not tamper with your Smart Card or other Equipment or use them for anything we do not authorize. (g) 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 integrated conditional access system, you agree that we may make the Smart Card invalid without prior notice to you and without any further liability to you.

4. 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 the Company at all times and subject to you complying with your obligations hereunder shall be leased to you during the Term. You have no right to sell, remove, relocate, give away, alter or tamper with such Equipment, or tamper with or alter any evidence of the Company’s ownership of any of the Equipment.

(b) You agree not to insert any unauthorized smart card or any other device into the Set Top Box or attempt to dismantle either the Set Top Box or Smart Card. You agree that any such unauthorized use of the Set Top Box or Smart Card shall entitle the Company, at our sole discretion, to terminate this Contract and/or charge you the Replacement Cost 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/or moisture and to operate the Set Top Box only in accordance with instructions provided by us from time to time.

(d) In the event the Contract is terminated, you agree to immediately return the Set Top

Box and Smart Card and any other Equipment to the Company. If you do not return the Set Top Box and Smart Card and any other Equipment within thirty (30) days of termination of this Contract in good working condition and free from damage (fair wear and tear excepted) you agree to pay the Company the Replacement Cost.

(e) The Company shall be entitled to update the software in your Set Top Box from time to time by downloading additional signals via satellite to the Set Top Box and without prior notification. The software in the Set Top Box is and shall remain at all times an integral part of the Set Top Box. The downloading of the software may temporarily disrupt the correct operation of the Equipment. You agree to co-operate with any instructions issued by us to you in respect of the up-dating of the software in the Set Top Box.

5. Installation

(a) Where you have requested installation of the Equipment, upon our acceptance of your Application, the Company 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, building owner, and/or any applicable local government authority for installation of the Equipment. You must provide the Company 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, the Company shall advise you and you shall be responsible for the payment of any amounts required for such

6. Lost, stolen or malfunctioning Equipment

(a) All Equipment installed by the Company comes with a warranty against faults fora period of twelve (12) months from the date of 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 the Company and its suppliers including (but not limited to) any damage caused by an event of force majeure. At our discretion, any faults shall either be repaired or the Equipment replaced with similar equipment (new or refurbished).

(b) If any Equipment is lost, stolen or damaged you must immediately contact the Company for further instructions. The Company shall be entitled to charge you the Replacement Cost if any Equipment is lost, stolen or damaged.

(c) If any of the Equipment does not work, you must notify the Company and if you return it, and the notification and return takes place within a twelve (12) month period of the date of installation, the Company shall replace it free of charge in the event it was either defective when supplied to you or as a result of a defect covered by the manufacturer’s warranty.

(d) If the Equipment is defective or damaged in any other way or circumstance or is not returned to the Company, we shall be entitled to charge you the Replacement Cost.

7. Our Liability

Neither we, nor any group company, will be liable under this Contract for:

(a) any fault in any of the Equipment caused by your mishandling or tampering with it, and/or your negligence or failure to follow our instructions;

(b) use of the Smart Card in any set top box which the Company does not supply or conversely, the use of any smart card or any other device not supplied by the Company in the Set Top Box;

(c) any fault in a Set Top Box or other receiving equipment you use which we do not supply;

(d) your failure to receive any television service using the Equipment caused by events outside of our reasonable control;

(e) any charges or other fees payable by you to any internet service provider for use of the internet as may be required to access certain television services through the Equipment;

(f) your inability to use any television services, where applicable, as a result of your failure to gain access to the internet whether through an inadequate internet connection, insufficient bandwidth, or otherwise; and

(g) any loss or damage caused by employees of the Company or our subcontractors 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 subcontractors; (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 or the Conditions.

8. Intellectual Property

(a) All present and future copyright, trademarks, design rights, patents, and any other intellectual property rights (registered and unregistered) in and on the Equipment is owned and/or controlled by the Company or one of our group companies. Nothing in these Conditions grants you a right or license to use any trade mark, design right, patent, or copyright material owned or controlled by the Company 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 to engage in IP Spoofing and/or hacking whether or not using the Equipment, to access television services or to reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, commercially exploit, transmit or relay any programming, television channels, or other aspect of any television service you may access through the Equipment from time to time. You may only use the Equipment 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 television programming (or other content) which may from time to time be received by you through the Equipment, or commercialize or attempt to re-sell any such television programming (or other content) received by you through the Equipment in any way, which includes advertising or selling any goods and services which offer such television programming (or other content) received by you through the Equipment.

(d) In the event that you are identified as the source of any illegal copying unauthorized reception of any television programming (or other content) through the Equipment, the Company shall be authorized without notice to (i) suspend and/or terminate this Contract; and (ii) co-operate with (including by providing your details and your Address) any owner/ licensor of intellectual property in the illegally copied television programming (or other content) for the purpose prosecution of such offence.

(e) We may disable or alter some functions of the Equipment to prevent you from copying certain television programming in order to prevent unauthorized copying. If the Equipment allows copying of these materials then at our sole and absolute discretion and without prior notice or warning, we may remotely disable the Smart Card and the Equipment at any time.

(f) Any breach of this Clause 8 may infringe the intellectual property of third parties in television programming (and/or other content) received by you through the Equipment. You will be responsible for any claims made against us for losses we may suffer as a result of actual or claimed intellectual property infringement committed by you or any other person using the Equipment supplied to you hereunder, and for which you hereby indemnify us to the full extent of such losses.

(g) We hereby reserve all rights we have at law and under the terms of this Contract in respect of any intellectual property infringement specified in this Clause 8.

9. Parental Guidance

(a) You confirm you are (18) years of age or older.

(b) If you permit a child and/or minor to use the Equipment to access, view or listen to television services or other content which the Equipment is capable of receiving, you are solely responsible for deciding whether or not that content is appropriate for that child and/ or minor and the Company shall not be liable for that decision. You agree that your use of the Equipment shall be your responsibility and shall be subject to these Conditions.

10. Data Protection and Privacy

(a) The information you provide and other information it held about you may be used, processed, treated, transferred and/or shared by the Company and/or any of its authorized affiliates, agents, partners, contractors, subcontractors, employees, officers, or consultants for the purposes set out below. The information that may be held about you includes, but is not limited to: (i) information you have provided to us; (ii) information about products and services you have ordered or enquired about; (iii) information we collected from your Equipment about its use; (iv) your IP and/or MAC Address; and/or (v) information from the Equipment, for example, the collection of diagnostic information.

(b) In addition to using your information to provide you with the Equipment your information may also be used, processed, treated, transferred to or shared with third parties in or outside the Territory. We may also use your information to work with our agents, business partners and data processors in the following ways: (i) to monitor and improve products, services and websites; (ii) for market research; (iii) to enable compliance with any legal or regulatory requirements; (iv) to protect or enforce our rights or the rights of any third party in the detection and prevention of fraud, piracy and other crimes and for security and enforcement purposes; and/or (v) to send you direct marketing (this may include communications by post, telephone, SMS or email) about products and services, events and special offers, including, where applicable, for a reasonable time after you have ceased to be a customer; (vi) to provide you with personalized services, such as providing you with viewing recommendations and tailored advertising, (this means that you agree to the storage of information about you on the Devices you use, for example to make some of the adverts you see more relevant to you); and/or (vii) to provide you with online behavioural advertising through the use of cookies when you visit websites. We may also disclose your information to any successors or affiliates of the Company for them to use, process, transfer and/or share for the purposes set out above.

11. Acceptance of the Conditions and Changes to your Contract

(a) This Contract and its Conditions are deemed to be in force upon your mere expression of acceptance that may be explicit or tacit and regardless of the forum under which and the form in which your acceptance materializes (whether verbal, physical or electronic). By selecting the “Accept/Agree” button and/or by manually signing on an electronic device, you are signing this Contract electronically. You agree your electronic signature or acceptance is the legal equivalent of your manual physical signature on this Contract. By doing so, you consent to be legally bound by this Contract. You further agree that your use of a signature pad, key pad, mouse, remote control or any other electronic device to sign, select an item, button, icon or similar act/action, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions on this Contract or the Set Top Box or any relevant online website or portal constitutes your signature (hereafter referred to as “E-Signature”), acceptance and

agreement as if actually signed by you in writing.

(b) You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting agreement between you and the Company.

(c) The Company may vary or amend this Contract at any time (i) where it is reasonable to do so and/or (ii) to add or vary terms applicable to any special promotional offers we may grant to you.

(d) You agree that we may give you notice of such variation or amendment by any means (at our sole discretion) including, without limitation, by publishing the revised terms on the relevant websites and portals, or by email, SMS or other message to any device including without limitation the Set Top Box. You agree that such notice is sufficient to give effect to the amendment or variation and that such amended or varied Contract will govern your future use of the Equipment and, by continuing to use the Equipment, you agree to be bound by whichever version of these Conditions is applicable at such time.

(e)The terms of your Contract will be deemed amended to reflect any change as contemplated by these Conditions.

(f) If any provision of these Conditions is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions will not be effected and will remain in full force and effect.

(g) This Contract may be executed and/or accepted electronically and/or in duplicate counterparts, the production of either of which (including a physical signature or E-Signature) shall be sufficient for all purposes for the proof of the binding terms of this Contract.

12. Transfer of Contract

(a) The Company reserves the right to partly or wholly transfer, novate and/or assign the rights and/or the obligations under this Contract to a third party at any time during the Term and without notice. You may not transfer, novate and/or assign your rights or obligations, or any part of them, 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 12(a).

13. Termination

(a) This Contract is valid for the Term subject to our right to terminate at any time without notice and with immediate effect, at our sole discretion.

(b) If the Company terminates this Contract prior to expiry of the Term for reasons other than your breach of the Conditions, the Company will reimburse you a pro-rata amount of any pre-paid payments paid by you in respect of the Contract. If this Contract is terminated prior to expiry of the Term by us due to your breach of the Conditions we shall not be obliged to refund any payments paid by you.

(c) Upon termination of this Contract the Smart Card shall be made invalid and you shall not be entitled to receive any television services through the Equipment which, at our request, you shall immediately return the Company.

14. Piracy

You acknowledge that the provision of unauthorized access to any television programming (or other content) through card sharing of the Smart Card, or any other unauthorized use of the Equipment, is an illegal act that causes the Company considerable damage. In the event that we determine, or are otherwise informed that, you are or were engaged in any unauthorized access to/distribution of television programming (or other content) which we believe may have been received using the Equipment, the Company is authorized to immediately disable your Smart Card and/or terminate this Contract and/or require immediate return of all Equipment to the Company. In the event the Company disables your Smart Card and/or terminates this Contract due to piracy:

(a) The Company reserves the right to seek reasonable compensation equivalent to a minimum of US1,200$ for damages incurred as a result of each individual piracy act directly or indirectly linked to your Equipment or actions such amount being a genuine preestimate of the losses the Company has suffered as a result of your piracy act; and/or

(b) The Company 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 the Company for your actions.

15. Law and Jurisdiction

(a) This Contract and any dispute or claim arising out of or in connection with it is governed and shall be construed in accordance with the laws and regulations in force in the country where the Company is established and as specified in the “Company Details” section of the Installation Request. This Contract shall be subject to the non-exclusive jurisdiction of the competent courts of that country where the Company is based.

(b) Notwithstanding the foregoing, either party to this Contract shall have the right to apply to any court of competent jurisdiction for provisional relief, a temporary restraining order, temporary injunction, permanent injunction and/or order of specific performance, as may appear reasonably necessary to preserve the rights of either party.

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Privacy Notice

This privacy policy (the “Policy”) sets out how Gulf DTH FZ LLC and its affiliates (collectively “we”, “our” and “us”) collect and process your information and personal data (your “User Data”).

Please read this Policy carefully. By visiting our website www.osn.com (the “Site”), using and registering for our platforms (including, but not limited to, OSN Play, GO Online TV, OSN Privileges and My OSN) or downloading and registering for our applications (including, but not limited to, OSN Play, GO Online TV and OSN)(collectively, our “Services”), you are accepting and consenting to us collecting and processing your User Data in accordance with the terms of this Policy. If you do not agree with this Policy, you must not use our Services.

We may amend, alter, add to or delete any part of this Policy at any time without notice to you. You must regularly check this Policy to ensure that you are aware of the current version, which you will be bound by.



How we collect your User Data



You may provide your User Data to us. This could be by completing a form on our Site, registering for the use of one of our platforms or applications, subscribing for any of our services, entering a competition or contacting us by phone, messenger, SMS, email, through social media or otherwise. Your User Data may include, but is not limited to, your name, age, photo or photo identification, passport/ID number, address, telephone number, email address, credit card information and billing address.



When you use our Services, we may automatically collect information about you. This may include, but is not limited to:



technical information (such as your Internet Protocol (IP) address, your login details, browser type and version, your operating system type and version, your device type and network); and



information about your visit to our Site or your use of our Services (such as the length of your visit and searches and selections you have made).



We may also receive your User Data from third parties, such as payment and delivery services and analytics providers. However, any third party site that you may connect to from our Services is not covered by this Policy and your use of that site will be governed by that third party’s privacy policy.



How we use your User Data



We may use your User Data as follows:



to fulfill our obligations to you, to provide you with our Services and to notify you of changes to our Services;

to monitor and improve our business, products and Services;

for market research, statistical and survey purposes, research, testing, and troubleshooting;

to enable us to comply with any legal or regulatory requirements;

to keep our Services safe and secure, to protect or enforce our rights or the rights of any third party in the detection and prevention of fraud and other offences and to work with government and judicial authorities for security and enforcement purposes;

to send you direct marketing (this may include communications by telephone, SMS, email, via the Services or otherwise) about our products and services, events and special offers, special promotional offers or initiatives such as a loyalty program;

to provide you with personalised services, such as providing you with viewing recommendations and tailored advertising (this means that we have your agreement to store information about you on the devices you use, for example to make some of the adverts you see more relevant to you); and/or

to provide you with online behavioural advertising through the use of cookies (please see below) when you visit our websites.



We may disclose your User Data to third parties:



so that those third parties may send you periodic communications about features, products and services, events and special offers on our behalf;





if we sell or buy any business or assets, in which case we may disclose your User Data to the prospective buyer or seller of such business or assets;

if all or substantially all of our assets are acquired by a third party, in which case User Data held by us about you will be one of the transferred assets; and

if we are under a duty to disclose or share your User Data in order to: (a) comply with any legal or regulatory obligation or comply with the request of a government or judicial authority; (b) enforce or apply the terms of use for our Services and/or any other agreements; or (c) protect our rights, property or safety, our customers, or other users.

We may disclose your User Data to any of our affiliates, which means our subsidiaries, our holding companies and their subsidiaries, wherever in the world they may be located and for any reason.



Cookies



Our Services use cookies to distinguish you from other users. "Cookies" are small text files that store basic information that help us to provide you with a better experience of our Services.



We may automatically collect your User Data through the use of cookies. We may use this to observe behaviour and compile aggregate data in order to improve our Services, recognise when you are a return visitor, personalise content for you and to make our advertising more relevant to you. We may also share your User Data with third parties for this purpose.



If you do not want information collected through the use of cookies, most browsers allow you to block or restrict cookies. However, if you do this, you may not be able to access all or parts of our Services.



Protecting your User Data



The transmission of data via the internet is not completely secure. We will do our best to protect your User Data and use industry standard procedures and security features to try to prevent unauthorised access to that User Data. However, we cannot guarantee the security of your User Data and any transmission of User Data from you to us is at your risk.



You can withdraw consent to receiving periodic communications about features, products and services, events and special offers by following the instructions in communications from us.



General



If there is conflict between the English and Arabic language versions of this Policy, the English version will prevail.



If any court or regulator decides that any provision of this Policy is invalid or otherwise unenforceable, such provisions shall be severed and deleted from this Policy and the remainder of these terms shall continue to have full force and effect.



We may assign or otherwise transfer any or all of our rights and obligations under this Policy to any third party.



This Policy is governed by the laws of the Emirate of Dubai, UAE. Any dispute will be referred to the exclusive jurisdiction of the courts of Dubai.