These specific terms and conditions (“Service Specific Terms”) apply in relation to the provision of the Switch TV Service by Etisalat to the Customer, in addition to the other constituent parts of the Agreement between Etisalat and the Customer.
- (a) "Account Owner" means the Customer who creates a Switch TV Account and whose Payment Method is charged.
- (b) “Agreement” means the entire contractual agreement between Etisalat and the Customer, comprising of the constituent parts set out in Clause 3 of the General T&Cs (Consumer).
- (c) “Application” means the mobile or web-based application which the customer can install on their Switch TV Registered Device and access the Service and view content.
- (d) “Billing Date” means the date on which payment is due for Paid Content as specified in the “My Subscriptions” section of the Application/Website.
- (e) “Customer” means the person who purchases or subscribes to the Service.
- (f) “Etisalat” means Emirates Telecommunications Group Company P.J.S.C and any of its wholly-owned subsidiaries.
- (g) “Free Content” means Free TV Channels, and any Switch TV Content which may be offered to the Customer by Etisalat at no cost.
- (h) “Free Trial” means an offer that allows the Customer to use Paid Content at no cost in order to try the Service.
- (i) “Free Trial Period” means a period during which the Customer may use Paid Content at no cost.
- (j) “Free TV Channels” means the television channels that are available to the customer at no cost upon subscribing to the Service.
- (k) “General T&Cs (Consumer)” means Etisalat’s general terms and conditions for consumer (i.e. non-business) products and services which are published on Etisalat’s website and are available through the other communications channels referred to in Clause 30 of the General T&Cs (Consumer).
- (l) “Movie Rentals” means movies that can be rented for a period of forty-eight (48) hours at a rental fee that will be clearly displayed on the Application/Web Site for each movie. The forty eight (48) hour rental period will start from the moment the Customer completes the rental transaction for a particular movie and upon getting a successful confirmation notification.
- (m) “On Demand Content” means Movie Rentals, movies and television programmes that are available within Paid Subscription Packages.
- (n) "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through the Customer’s Etisalat mobile account, registered credit card or with a third party account.
- (o) “Paid Content” means Paid Subscription Packages and On Demand Content that is offered in the Switch TV Store.
- (p) “Paid Subscription Packages” means the different packages of television channels and/or On Demand Content that are available in the Switch TV Store for subscription by the Customer at a monthly/weekly/daily cost to the Customer as specified in the Switch TV Store. This does not include Movie Rentals.
- (q) “Price” means the cost payable by the Customer for the Paid Content that is offered in the Switch TV Store.
- (r) “Service” means the Switch TV Service, as described in more detail in Clause 3.
- (s) “Subscription Cycle” means the duration of the Customer’s subscription to the Paid Subscription Package as specified in Clause 4(c).
- (t) “Subscription Cycle Fee” means the cost of payable for the Subscription Cycle as specified in the Switch TV Store.
- (u) “Switch TV Account” means the user account that will be created by the Customer when they subscribe to the Service.
- (v) “Switch TV Content” means the television channels, movies and shows streamed over the internet to Switch TV Registered Devices. The content is made up of Free Television Channels, Paid Subscription Packages, On Demand Content and Movie Rentals.
- (w) “Switch TV Registered Devices” means internet-connected televisions, computers, mobile devices and other devices to which Switch TV Content can be streamed.
- (x) “Switch TV Store” means the online store (for the Website) and the Application store (for the Application) where the Customer can purchase Paid Content.
- (y) “Voucher” means the unique code that is linked to the specific Paid Subscription Package and provides a discount from the Price of the Paid Subscription Package upon redemption. The Voucher can be provided as a printed coupon or in electronic format (email/SMS).
- (z) “Web Site” means the domain www.switchtv.ae through which the Customer can access the Service.
3. SERVICE DESCRIPTION
- (a) The Service is a personalized subscription service that allows Customers to view Switch TV Content on Switch TV Registered Devices.
- (b) The Service is available to the Customer through the Application and/or Website.
- (c) The Service includes Free Content and Paid Subscription Packages which are available in several options that are listed in the Switch TV Store under “TV Packages” and “On Demand Plus” sections. The Customer may select any Paid Subscription Package of their choice as a part of the Service.
- (d) All Customers shall be entitled to access the Free Content. In addition to the Free Content, the Customer may subscribe to Paid Content on the Website/Application.
4. COMMENCEMENT & DURATION
- (a) The Agreement is valid and binding on and from the date on which the Customer creates the Switch TV Account (the “Effective Date”) and shall remain valid until terminated by either Etisalat or the Customer(“Term”).
- (b) The Service shall commence on the Effective Date.
- (c) The term of a Paid Subscription Package shall commence on the date on which the Customer subscribes to the package and shall continue until terminated by either Etisalat or the Customer “(Subscription Cycle”).
- (d) The Subscription Cycle will be automatically renewed unless or until terminated by the Customer or Etisalat. The Subscription Cycle for each of the Paid Subscription Packages may vary from monthly, weekly to daily. The term of each Paid Subscription Package will be specified on the Web Site/Application.
5. CUSTOMER OBLIGATIONS & RESTRICTIONS
- (a) The Customer must be at least eighteen (18) years of age in order to be entitled to subscribe to the Service. Minors may only use the Service under the supervision of an adult.
- (b) To subscribe to the Service, the Customer is required to have internet access and a Switch TV Registered Device and must provide Etisalat with the preferred Payment Method.
- (c) The Customer is responsible for all internet access charges and should check with their internet provider for information on possible internet data usage charges.
- (d) Specific conditions may be applicable to the different Paid Subscription Packages and the Customer shall be required to comply with such conditions upon subscribing to such Paid Subscription Packages.
- (e) The Service and any content viewed through the Service are for the Customer’s personal and non-commercial use only and may not be shared with individuals beyond the Customer’s household. During the Term of the Agreement, Etisalat grants the Customer a limited, non-exclusive, non-transferable right to access the Service and view Switch TV Content. Except for the foregoing, no right, title or interest shall be transferred to the Customer. The Customer agrees not to use the Service for public performances.
- (f) The Customer may view the Switch TV Content primarily within the country in which the Customer has established Switch TV account and only in geographic locations where the Service will be offered and Switch TV Content licensed.
- (g) The number of devices on which the Customer may simultaneously view the Switch TV Content depends on the concurrency streaming rules applicable to the Switch TV Content. The applicable concurrency streaming rules will be specified on the Application/Website.
- (h) The Customer agrees to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. The Customer agrees not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in this is Agreement) content and information contained on or obtained from or through the Service. The Customer also agrees not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or use any data mining, data gathering or extraction method. In addition, the Customer agrees 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 Service, including any software viruses or any other computer code, files or programs. Etisalat may terminate or restrict the Customer’s use of the Service if the Customer violates the terms of this Agreement or is engaged in illegal or fraudulent use of the Service.
- (i) The Account Owner is responsible for any activity that occurs through the Switch TV Account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner shall maintain control over the Switch TV Registered Devices that are used to access the Service and not disclose the password or details of the Payment Method associated with the account.
- (j) The Customer is responsible for updating and maintaining the accuracy of the information that is provided to Etisalat relating to the Switch TV Account. The Customer acknowledges that Etisalat may terminate the Switch TV User Account or place it on hold in order to protect the Customer and the Service from identity theft or other fraudulent activity.
6. ETISALAT’S OBLIGATIONS
Etisalat will provide the Service to the Customer based on these Service Specific Terms together with the other constituent parts of the Agreement, and in accordance with the law.
7. CHARGES, BILLING & PAYMENT
- (a) The Subscription Cycle Fee and any other charges that the Customer may incur in connection with the use of the Service, such as taxes and possible transaction fees, will be charged to the Customer’s Payment Method on a monthly basis or otherwise depending on the applicable Subscription Cycle and the payment will be reflected in the Customer’s Switch TV Account.
- (b) The Customer will be charged instantly in case of one-off transactions such as Movie Rentals.
- (c) Depending on the Payment Method used and the applicable Subscription Cycle, the Billing Date may vary. All payments made by the Customer through their Etisalat mobile account will follow the applicable rules as specified by Etisalat.
- (d) The Customer must provide at least one Payment Method in order to pay for Paid Content. The Customer remains responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise and Customer does not cancel the Switch TV Account, Etisalat may suspend the Customer’s access to the Service until a valid Payment Method has been successfully charged.
- (e) Etisalat may change Switch TV Paid Subscription Packages and the Price of the Paid Content from time to time. However, any Price changes applicable to Paid Subscription Packages will apply to the Customer no earlier than twenty-eight (28) calendar days following notice to the Customer.
8. CUSTOMER CREDIT, ADVANCE PAYMENTS & DEPOSITS
Please see Clause 16 of the General T&Cs (Consumer) for the customer credit, advance payment and deposit provisions that apply to the Service.
9. ANY OTHER SPECIFIC PROVISIONS
9.1 FREE TRIAL & VOUCHERS
- (a) The Paid Subscription Package may start with a Free Trial. The Free Trial Period shall be valid for one (1) month, or as otherwise specified during the subscription and is intended to allow Customers to try the Service.
- (b) Free Trial eligibility is determined by Etisalat at its sole discretion and Etisalat may limit eligibility or duration to prevent Free Trial breach. Etisalat reserves the right to revoke the Free Trial in the event that Etisalat determines that Customer is not eligible. Customers with an existing or recent Service subscription may or may not be eligible. For combinations with other offers, restrictions may apply to the Free Trial.
- (d() ) At the end of the Free Trial period, the Customer shall be entitled to opt out of the Paid Subscription Package through the Application/Website. If the Customer does not exercise the option to opt out of the Paid Subscription Package, Etisalat shall continue to provide the Paid Subscription Package to the Customer and will charge the Customer the full Price of the selected Paid Subscription Package with effect from the date of the expiry of the Free Trial Period. To view the current Price and end date of the Free Trial Period, the Customer shall visit “Account Information”/”My Subscriptions” or “Purchase History” sections of their Switch TV Account.
9.2 USE OF THE SERVICE
- (a) The Service will be activated from the moment that the Customer creates a Switch TV Account. Creation of a Switch TV account shall be at no cost to the Customer. Upon successful creation of a Switch TV Account, the Customer shall be entitled to access to Free TV Channels. In addition, the Customer will be entitled to access the catalogue of Movie Rentals.
- (b) The Customer shall be able to view their Switch TV Account details in the “Account Information” section within the “Settings” of the Website/Application.
- (c) The Customer may be offered special promotional plans or subscriptions offered by third parties in conjunction with the provision of their own products and services. Etisalat is not responsible or liable for any loss or damage that may be suffered by the Customer as result from the products and services or relating to content provided by such third parties, and the Customer shall be responsible for compliance with the applicable terms and conditions for the third party product.
- (d) The Service may be offered in conjunction with Etisalat mobile services subject to the Customer’s eligibility to subscribe to such mobile services.
- (e) The quality of the display of the Switch TV Content may vary from device to device, and may be affected by a variety of factors, such as Customer’s location, the bandwidth available through and/or speed of Customer’s internet connection. High Definition (HD), Ultra High Definition (Ultra HD) and High Dynamic Range (HDR) availability is subject to the Customer’s internet service and device capabilities.
- (f) Not all Switch TV Content is available in all formats, such as HD, Ultra HD or HDR. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content.
- (g) The minimum connection speed for Standard Definition (SD) quality is 2 Mbps. However, a faster connection is required for improved video quality.
- (h) A download speed of at least 10.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher).
- (i) A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content.
- (j) The time it takes to start streaming Switch TV Content will vary based on a number of factors, including Customer’s location, available bandwidth at the time, the content selected by the Customer and the configuration of the Switch TV Registered Device.
- (k) Other than any connectivity provided by Etisalat, the Customer acknowledges that the use of the Service may require third party software that is subject to third party licenses and Etisalat will not be responsible nor liable for all aspects of the third party software. Customer also agrees to automatically receive updated versions of the Application/Website and related third-party software.
- (l) To obtain more information about the Service and its features or if the Customer requires assistance with their Switch TV Account, Customer may visit the “Switch TV Support” section in the Application/Website.
- (m) Etisalat may, from time to time, change the terms of this Agreement and Etisalat shall notify the Customer at least thirty (30) days before such changes apply.
- (n) Etisalat may assign or transfer this Agreement including its associated rights and obligations at any time and Customer agrees to cooperate with Etisalat in connection with such assignment or transfer.
- (o) Etisalat will send to the Customer the information relating to Switch TV Account and the Service (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices, service updates, content updates) in electronic form, for example via email to Customer’s email address provided during registration or by SMS sent to the Customer’s registered mobile number.
10. SUSPENSION, DISCONNECTION OR TERMINATION BY ETISALAT
Please see Clause 19 of the General T&Cs (Consumer) for the provisions governing the suspension, disconnection and termination of the Service or the Agreement by Etisalat.
11. TERMINATION BY THE CUSTOMER
- (a) The Customer may cancel a Paid Subscription Package at any time, and the Customer will continue to have access to the Service until the end of the Term.
- (b) To the extent permitted by the applicable law, payments are non-refundable and Etisalat shall not provide refunds or credits for any partial-cycle subscription periods or unwatched Switch TV Content.
- (c) To cancel a Paid Subscription Package, the Customer is required to visit the "My Subscriptions" section and follow the instructions for cancellation.
- (d) If the Customer cancels the Paid Subscription Package, then subscription will automatically terminate at the end of the current Subscription Cycle.
- (e) If the Customer signed up to the Service using their account with a third party as a Payment Method and wishes to cancel the Paid Subscription Package, the Customer may need to do so through such third party, for example by visiting the User Account with the applicable third party and turning off auto-renew, or unsubscribing from the Service through that third party. The Customer may also find billing information about the Service subscription by visiting the User Account with the applicable third party.
- (f) The Customer may terminate the Service at any time, provided that there are no outstanding payments to be made to Etisalat. And Etisalat will not be liable for damages of any sort resulting from such termination.
- (g) The Customer may terminate this Agreement only by contacting Etisalat Customer Care where a Customer Care Agent can perform deactivation of Switch TV User Account.
12. CONTACTING ETISALAT
The Customer may contact Etisalat to discuss the Service (including these Service Specific Terms and the General T&Cs (Consumer), or any other product or service offered by Etisalat, by using any of the communications channels stated in Clause 30 of the General T&Cs (Consumer).
Please see Clause (32) of the General T&Cs (Consumer) for the provisions governing VAT (Value Added Tax) that apply to the Service.