EQUIPMENT TERMS

To receive a Package, an activated Smart Card, a Satellite Dish and a Set Top Box are required. You must acquire this from an Equipment Provider. Once you have completed your Application for your Subscription, the Equipment Provider will contact you to arrange the supply and installation of any Equipment at your Address. By accepting the installation of any Equipment at your Address, you are accepting these equipment terms and conditions (Equipment Terms) which will be made between you and the Equipment Provider directly.

In these Equipment Terms, references to, “we”, “us” and “our” is to the Equipment Provider. The Equipment Provider who will supply your Equipment is dependent on the country in which you live. The full details of the installation company are mentioned on your Application or if you sign up online – you can find the details HERE.

Definitions

The following definitions apply in these Equipment Terms:

Add On/Al a Carte means a Package, an item of Content or any other service which can be added to your chosen Package.

Address means the address of your private residence that you have notified to us as part of your Application.

App means including but not limited to the MyOSNApp, the App associated with the Streaming Service and any of the other mobile, desktop or other applications that the Subscription Provider makes available to you.

Application means your application to receive a Package (which may be a paper form, or an online application made on the Website or at a sales outlet).

Box Activation Fee means a Set Top Box onetime activation fee which may be charged to you either on sign up and/or when you receive a new Set Top Box in the event you make changes to your OSN Packages.

Channels means the channels that make up your chosen Package which are made available to you as part of your Subscription.

Content means the content made available to you as part of the Subscription Services, either as part of a Package or via the Streaming Service, which may include live television, the video on demand service, series and movies downloads, pop-up channels and more.

Customer Services means our customer services team.

Deposit means the sum that you may be required to pay as a deposit under certain circumstances in order to activate your Subscription, which will be an estimate of the damages that we will incur if you fail to pay any of your Subscription Fees.

Equipment means any equipment that is supplied to you by the Equipment Provider which may include a Set Top Box, Smart Card and a Satellite Dish.

Equipment Provider means the company who will supply your Equipment. The Equipment Provider shall be determined by reference to your Address. By purchasing a Subscription, you agree to enter into the Equipment Terms with the Equipment Provider for the purposes of receiving the Equipment directly from that Equipment Provider.

Equipment Terms means these terms and conditions relating to the supply, loan and return of certain Equipment and which are entered into between you and the Equipment Provider in accordance with the process set out at the preamble to these Equipment Terms.

Event means an event that has a scheduled broadcast time that you may purchase access to, either at the time of the live broadcast or to watch within a certain time period after the live broadcast.

MyOSN means the application known as MyOSN which you may use to undertake certain account administrative actions.

On Demand Service means our digital service that allows you to obtain Content on demand from the On Demand library (if any).

No Return Fee means a fee payable where you fail to return your Set Top Box, Smart Card or Satellite Dish to us in good working order. The No Return Fee shall be an amount as calculated in accordance with clause 7.2 of the Equipment Terms.

Package means the combination of the Channels selected for viewing by you and purchased from your Subscription Provider.

Payment Methods means the method of payment which you select when signing up to receive your Subscription Services, which may include cash, credit card or other commercially available as set out on the Subscription Provider’s website.

Streaming Service means the Subscription Provider’s internet streaming service, see the OSN Streaming Service Terms for further detail.

Satellite Dish means a dish receiver supplied and installed by us to enable you to receive the Content via satellite transmission.

Set Top Box means the set top box supplied by the Equipment Provider to you as part of your Package. Each Set Top Box may have different functionality depending on your chosen Package.

Smart Card means the card that allows you to receive and view the Content associated with your Package.

Subscription means a subscription to a Package of Channels you have selected to receive.

Subscription Fee means the fees that you must pay for your Subscription.

Subscription Provider means the contracting party providing your Subscription as detailed in the subscription form for your Application.

Subscription Service means the services provided to you by the Subscription Provider including as the context requires (a) the provision of the Channels and other Content which are associated with your chosen Package from time to time (b) the provision of the Streaming Service to you and (c) any paid or complimentary Add-Ons, Events, Apps, On Demand Services or other products provided to you from time to time.

Subscription Terms means any or all of the following customer terms and conditions: (i) the OSN TV Subscription Terms, (ii) the Pay Per View, Purchase and Rental Terms and (iii) the OSN Streaming Service Terms.

Territory means the country in which your Address is located.

Warranty means the warranty covering your Smart Card and Set Top Box (Warranty) and the warranty covering any other equipment and any related installation services supplied to you by the Subscription Provider (Installation Warranty), further details of which are set out in the Clause 4.1 below.

Website means the Subscription Provider’s website. Website shall also include, where applicable, any other Website that is connected to the Subscription Services, such as the MyOSN website and the Streaming Service’s website.

What Equipment is Required?
1. In order to access your Subscription, you will need a Smart Card, a Set Top Box and a Satellite Dish. Some Equipment may be ‘self-installed’ which means you can install it yourself. If your Equipment requires specialist installation, the Equipment Provider or a representative of the Equipment Provider will carry out the installation in accordance with these terms.
2. These Equipment Terms cover the supply and use of the Equipment by you.
3. Depending on your Package and the Territory in which you live, you may need to pay an installation charge. This will be based on the materials provided to you. These charges will be outlined to you at the point of purchase by your Subscription Provider and must be paid in advance before any installation work will take place.
4. In addition to the Installation Fee, you may have to pay a Box Activation Fee. You shall be informed of this fee when you sign up. The Box Activation Fee shall be paid up front.
Ownership
1. All Equipment provided to you by us or which we designate as Equipment Provider-owned, including all hardware and any software contained within such Equipment, will remain the property of the Equipment Provider (unless agreed otherwise) and are loaned to you at no cost. Each item of Equipment loaned to you from time to time is loaned equipment. Loaned equipment must not be removed from your Address unless we tell you otherwise.
2. You are responsible for keeping the Equipment in good condition and using it properly. Whilst the Equipment Provider (or another company in the Equipment Provider’s group of companies) remains the owner, you agree to:
  1. not misuse, neglect or damage the Equipment;
  2. not tamper with or disassemble the Equipment or remove or obscure any labels or markings on the Equipment;
  3. follow our reasonable instructions regarding the location and placement of the Equipment;
  4. allow us to make alterations to or replace the Equipment if reasonably required. We may need reasonable access to your home to do this or we may need you to follow our reasonable instructions;
  5. keep the Equipment in your home at your Address and under your control (for example, you may not sell or lend it to anyone or use it as security for a loan);
  6. not dispose of the Equipment unless expressly authorised to do so by us;
  7. always take proper care to prevent the loss or theft of the Equipment (we recommend you insure loaned equipment against loss, theft or damage for the full replacement value); and
  8. allow us or the Subscription Provider to update the software in the Equipment by sending signals to it. You must not tamper with the software in the Equipment or allow anyone else to do so.
Installation
1. We will arrange a day for installation which is convenient to both of us, subject to the availability to us of the necessary Equipment. We shall install your Equipment or one of our authorized partners may make the installation. If your Equipment can be self-installed, your Equipment will come with self-installation instructions which you must following carefully.
2. You must ensure that we are able to access your Address on the appointed day to allow the delivery and installation of your Equipment.
3. The installation of your Equipment may require the agreement or consent of someone else, for example your landlord or the compound owner. You are responsible for ensuring that all these agreements and consents have been obtained before we install your Equipment.
4. A “standard installation” assumes that no additional cabling, bracketry or other equipment is required, or any works are required which are beyond the scope usual in a normal installation. An installation may not be standard where, for example, your dish needs to be sited above two storeys, or more than twenty (20) meters away from your Set Top Box. A ‘standard’ installation further assumes that if you already have satellite equipment, your existing cabling will be used in the connection of the Equipment.
5. If the installation of your Equipment is not standard, you will be charged a reasonable sum for any additional equipment or works that are required. We will advise you of these charges before we install the Equipment, which may need to be rearranged for another time. Alternatively, if you do not agree to those charges, you may cancel your installation, and we will repay anything you have already paid for it.
6. If you already have satellite equipment installed at your Address, then some of this equipment may be used for the installation and you consent to the use of your Equipment. Where any existing equipment needs to be upgraded or replaced for installation of the Equipment, this will be carried out as part of the installation. Unless you tell us otherwise, for example because you do not own the equipment, the installer will take away any equipment that has been replaced.
7. If you already have satellite equipment that will continue to be used and/or have it relocated within your home at your Address, you must tell us at least twenty four (24) hours prior to the installation, and in that case a separate installation charge may be payable by you. If so, we will advise you of the amount of this charge, which must be paid before the day of installation of your Equipment.
8. If a multi room subscription is active or has been ordered for your Address as part of the installation, you must allow us access to connect each additional Set Top Box.
9. Unless we tell you otherwise and provided you do not already have digital satellite equipment, the number of Set Top Boxes that we can install at your Address may be restricted to a maximum.
Warranty
1. Your Set Top Box and Smart Card comes with a warranty against faults arising in the first twelve (12) months after installation (Warranty). All other Equipment provided as part of the installation and the installation services themselves are covered by a three-month warranty (Installation Warranty). The following are not covered by either Warranty: (a) faults arising from misuse; (b) accidental or deliberate damage; (c) damage arising from use of equipment that is not supplied by us or on our behalf; (d) cosmetic damage which does not affect the functionality of the Equipment; (e) damage caused by events outside our reasonable control or our Equipment Provider’s and (f) any damage caused by faulty self-installation of the Equipment.
2. To report a fault, please contact our Customer Services.
3. If a reported fault cannot be remedied by one of our engineers during a visit to your home, then, if covered under one of the warranties above, we will replace the faulty Equipment, or the faulty component of it. Any replacement equipment will be new or ‘as new’ (previously used equipment that has been refurbished by the manufacturer or its authorised agent).
4. We will warrant any repair or replacement until the later of the end of the original warranty period or three (3) months from the date it the repair/replacement was carried out.
5. The warranties do not apply to any Equipment that is not supplied directly by Equipment Provider or via an agent of the Equipment Provider.
Repair
1. We will repair or replace the Equipment at no cost to you if it becomes faulty unless:
  1. you are responsible for the fault, in which case charges for engineer servicing may apply; or
  2. we have requested that you return the Equipment to us, and you have not done so in time; or
  3. the Equipment is out of or not covered by a Warranty.
2. You will be responsible for faults to loaned equipment caused by:
  1. misuse or neglect of, or accidental or deliberate damage to the Equipment;
  2. your failure to follow our reasonable instructions regarding the Equipment, including any self-installation instructions;
  3. equipment which you own which has not been supplied by us;
  4. tampering or disassembling the Equipment without our consent; and/or
  5. you are doing anything else which is likely to cause damage to the Equipment unless this is done at our request or on our instruction.
Set Top Box, Smart Card and Satellite Dish
1. 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 suitable Satellite Dish. Your Set Top Box must be in stand-by mode when not in use.
2. You shall not insert any unauthorized smart card into the Set Top Box or attempt to dismantle either the Set Top Box or Smart Card. Any such unauthorized use of the Set Top Box or Smart Card shall entitle the Subscription Provider to terminate your contract in accordance with your Subscriptions Terms. In the event that any of the Equipment is damaged, the Equipment Provider is entitled to charge you a No Return Fee or we may retain the Deposit or part of the Deposit (if one was supplied by you) to compensate us for the damage.
3. The Subscription Provider will be entitled to up-date the software in your Set Top Box by downloading additional signals via satellite to the Set Top Box without prior notification. The downloading of the software may disrupt the appearance and operation of the Subscription Services. You agree to co-operate with any instructions issued by the Equipment Provider or the Subscription Provider to you in respect of the updating of the software.
4. You can only use the Smart Card 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.
5. 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 try to send you a new Smart Card before the old one becomes invalid.
6. You may not transfer, hire out, lend, or otherwise hand over the Smart Card. You are responsible for ensuring that the Smart Card provided is kept securely, used carefully and only in accordance with our instructions and/or the Subscription Provider’s instructions.
7. The Smart Card must not be used outside the Territory. Any change of Address must be notified to the Equipment Provider immediately. You must not tamper with your Smart Card or other Equipment or use them for anything we do not authorize.
8. If you are late in any payments owed to the Subscription Provider or if the Subscription Provider believes you are using the Smart Card or other Equipment in any way which has not been authorized or if it is necessary to protect the security of the conditional access system, the Smart Card may be rendered invalid without prior notice to you.
Return of Equipment
1. The Equipment Provider can give notice at any time requiring Equipment to be returned to us. We will only give notice where it is reasonable to do so and only where either:
  1. the loaned equipment is no longer enabled to receive a paid Subscription Service from the Subscription Provider (for example we will notify you that Equipment needs to be returned if your Subscription ends or is cancelled); or
  2. we are replacing the Equipment with other equipment that offers similar or better functionality.
2. We shall come to your Address to collect the Equipment at a time convenient for both of us. If you are unable to allow our engineers access to remove the Equipment within thirty (30) days of us first requesting access for the same, we reserve the right to leave the Equipment with you and charge you a No Return Fee, plus any applicable VAT or sales tax which shall be equivalent to the value of the Equipment at the date it should have been made available for collection, assuming the Equipment was kept in good condition and used properly as required by these Equipment Terms.
3. We may add the No Return Fee to your Subscription Provider’s bill or charge it directly to any of the Payment Methods which you have provided us with details of. We will give you reasonable notice before making the charge.
4. Payment of the No Return Fee does not transfer ownership of the Equipment to you, and you must still return the Equipment to us.
5. If any Equipment is lost or stolen you must tell us immediately and you will need to pay the No Return Fee. Once you have paid the No Return Fee, we will replace the lost or stolen Equipment.
Disabling Your Equipment
1. We may disable the Equipment to stop it from working:
  1. when the Subscription Services that the Equipment is used to receive ends in accordance with the terms and conditions of your Subscription;
  2. when the Subscription Provider is entitled to terminate any of the Subscription Services provided to you under the Subscription Terms, including but not limited to the right to terminate if you do not pay your Subscription in accordance with the terms agreed with your Subscription Provider;
  3. any time after the Subscription Provider exercises any right, it has to restrict the Subscription Services that the Equipment is used to receive, in which case the Equipment will remain disabled until the restriction is removed; or
  4. if we or the Subscription Provider have requested that you return Equipment to us and you have failed to do so in breach of these conditions, in which case we may also take legal action to recover any Equipment from you.
2. Any Set Top Boxes that have been disabled will not be able to receive any Content (including free-to-air or third party channels or apps) or perform any functions (including playback of recordings from free-to-air or third party channels, downloading and streaming). You must still pay us the No Return Fee (if due) after loaned Equipment has been disabled.
Changes terms to these OSN Equipment Loan terms
1. We may change or add to these Equipment Terms for any of the reasons set out in Clause 11 of the OSN TV Subscription Terms.
Termination
1. These Equipment Terms will terminate automatically when all loaned Equipment you received from us has been returned to the Equipment Provider or, if earlier the date we are entitled to disable the Equipment under Clause 8.1 above.
Liability
1. The Equipment Provider will not be liable to you under these Equipment Terms or otherwise for any liability:
  1. excluded by Clause 8 of the OSN TV Subscription Terms;
  2. the act of ending these Equipment Terms in accordance with Clause 10.1;
  3. any delay or failure by us to provide the Equipment (or any part of it) caused by events outside our reasonable control. Matters outside our reasonable control include (but are not limited to) severe weather conditions, pandemic, epidemic, civil disorder, terrorist activity, war, supplier actions and government decree, order or action;
  4. any delay or failure by us to provide the Equipment caused by a change made by a compatible device manufacturer or provider of a compatible device operating system that is outside the Equipment Provider’s reasonable control;
  5. any damage to separate devices or content that belong to you where such damage would not have been caused if you had followed our reasonable instructions;
  6. any loss or damage caused by Equipment Provider or any of our officers, employees or agents in circumstances where:
    1. there is no breach of a contractual obligation or legal duty of care owed to you by us or by any of their respective employees or agents;
    2. such loss or damage was not contemplated by both you and us at the time we entered into these Equipment Terms;
    3. any loss or damage caused by us or any of our employees or agents, to the extent that such loss or damage results from any breach by you of these Equipment Terms, unless our employees or agents were in breach of a legal obligation or duty of care owed by them and that breach is the most significant cause of the loss or damage.
2. Clause 11.1 shall not affect any liability we may have to you for death or personal injury as a result of our negligence, or for our fraud or fraudulent misrepresentation.
Copying and Copyright
1. You must not do (or allow to be done) any of the following:
  1. copy, redistribute or relay any part of the Content provided to you as part of the Subscription Services or otherwise deal with the Content in a way which is not permitted by us or the Subscription Provider, or which infringes applicable law;
  2. sell or make any charge for watching any Content;
  3. show any Content to the public, even if no charge is made;
  4. tamper with or modify the signal of any Content made available on the Set Top Box; or
  5. alter, cover, modify or remove any graphics, logos or other on-screen text or images appearing on any broadcast, download or stream of Content.
2. The Subscription Provider may disable or alter remotely certain functions of the Set Top Box software application on your compatible device so as to prevent you from copying Content and the Subscription Provider may prevent you receiving your Subscription Services if the Set Top Box allows copying of any Content which the Subscription Provider is bound by contract to prevent.
Third Party Rights
1. We can transfer our rights or obligations under these Equipment Terms to any company, firm or person provided this does not affect your rights in a negative way.
2. These Equipment Terms are personal to you. You may not transfer your rights or obligations under these Equipment Terms to anyone else, and no third party is entitled to benefit under these Equipment Terms.
Notices
1. If we amend any of the Equipment Terms, we will notify you. Your first use of either the App or any of the Subscription Services after you have been notified of the new Equipment terms and conditions will constitute acceptance of such changes.
2. If we give you any notices, we may give it to you by:
  1. electronic means (including via SMS, WhatsApp, email, the Website, via one of our Apps or through your Set Top Box); or
  2. via non-electronic means (including via telephone, post, courier or hand delivery).
3. Notifications will be deemed to have been delivered on the day they are sent, provided we have not received a failed delivery notice, in which case we will send notice via the Website. Notifications given via the Website will be deemed delivered the day after they appear on the Website (which you should check regularly).
4. If you wish to give us notice under any of the Equipment Terms, you must do so by contacting our Customer Services.
Law and Jurisdiction
1. These Equipment Terms shall be governed by, and you agree to submit to the laws of the country in which your Address is situated. Where your Address is in the United Arab Emirates, the Equipment Terms shall be governed by, and you submit to the laws of the Dubai International Financial Centre.
2. Any and all disputes arising out these Equipment Terms shall be exclusively dealt with by the courts situated in the capital city of the country in which your Address is located and who have the legal right to hear the case. Where your Address is in the United Arab Emirates, these Equipment Terms shall be exclusively dealt with by the courts of the Dubai International Financial Centre.

EQUIPMENT TERMS

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