ABOUT THE CIGNAL PLAY
The CIGNAL PLAY and your viewing device registered/enrolled to the CIGNAL PLAY service (which is hereafter referred to as "Viewing Device") provide you with a method of accessing, through the CIGNAL PLAY user interface, programmes, films and other audiovisual or audio content, applications, information and/or services (called "Content" in these Terms) on your Viewing Device.
Because of the way the CIGNAL PLAY is set up:
Your Viewing Device, its functions, and features are the responsibility of the manufacturer and subject to the manufacturer's usage policy;
CIGNAL TV will only provide you with a method of accessing Content on your Viewing Device via the CIGNAL PLAY user interface;
Content you receive via the CIGNAL PLAY is made available to you by CIGNAL TV or by other people (which CIGNAL TV call "Content Providers" in these Terms), and such Content Providers are responsible for the scheduling and availability of any and all Content on the CIGNAL PLAY .
ABOUT CIGNAL PLAY AND YOU
CIGNAL TV and you: By signing up to use the CIGNAL PLAY service and agreeing to these Terms, you are entering into a legally binding agreement with CIGNAL TV, and accept full responsibility for use by you, anyone else in your household, and any third party, of your Viewing Device and/or the CIGNAL PLAY received through your Viewing Device. If you do not agree to these Terms, your permission to access or use the CIGNAL PLAY service is automatically and immediately revoked and you must discontinue use of the CIGNAL PLAY immediately. In these Terms, "CIGNAL TV, Inc.", "CIGNAL TV" or "our" refers to CIGNAL TV, Inc., and "you" or "your" refers to you as the user of the CIGNAL PLAY.
ABOUT THESE TERMS
What these Terms and Conditions cover: These Terms and Conditions cover our provision of and your access to and use of the CIGNAL PLAY.
Changes to the Terms: From time to time CIGNAL TV may make changes to the Terms (whether to these Terms and Conditions and/or the Privacy Policy), when it is necessary to do so, for example to reflect any changes to the CIGNAL PLAY (see paragraph 8 below) and/or any other changes that are necessary to meet legal or regulatory requirements. We will update the Terms as necessary. Please check from time to time to see if there have been any changes. Where it is necessary for CIGNAL TV to do so, CIGNAL TV will obtain your specific consent to any changes. Where it is not necessary to obtain your specific consent to any changes, your continued use of the CIGNAL PLAY will be taken as consent to such changes.
OTHER TERMS
New services: From time to time CIGNAL TV may offer new services through the CIGNAL PLAY. New terms may apply to these services and any changes to these Terms will be dealt with as described in paragraph 3.2 above. If there is any conflict between these Terms and any new terms, the new terms will prevail.
Terms of Content Providers: Because you can access via the CIGNAL PLAY, Content that is made available by Content Providers, the terms, and the pricing (if any) which apply to the Content shall be determined by Cignal TV. In addition to the pricing and payment of any charges, you must comply with any terms required by Content Providers (in addition to these Terms and Conditions) when you access the Content.
PRIVACY
To use the CIGNAL PLAY, you must agree to our Privacy Policy. Please read our Privacy Policy, which can be found at http://cignalplay.com to find out how CIGNAL TV may use your personal information.
When you access Content the content provider who is providing that Content may have a privacy policy, which will apply to that content provider's use of your personal information.
PIRACY
To use the CIGNAL PLAY, you hereby acknowledge that CIGNAL TV employs, maintains, and enforces efficient and effective access system, content security / protection, other security / protection features, and the related physical security and operational procedures. Further:
You agree that Piracy is prohibited by law, and that you will not engage in the manufacture, use, distribution or transfer of counterfeit, pirated or illegal content or products;
You will cooperate and report to CIGNAL TV, as soon as you become aware, any suspected counterfeiting, piracy or other intellectual property infringement related to CIGNAL PLAY and or other products of CIGNAL TV and its Affiliates.
You consent that CIGNAL TV reserves the right to take the necessary legal measures (the “Safety Measures”) in protecting its products / services, and in prosecuting those who engage in Piracy;
You covenant that CIGNAL TV may introduce to the CIGNAL PLAY any and all Safety Measures to detect an act or combination of acts of Piracy, such as (a) unauthorized downloading, exporting, copying, distribution and streaming of any audio-visual content in the CIGNAL PLAY, and (b) use of the CIGNAL PLAY trademark including logos, artworks, tradenames and other marks proprietary to CIGNAL TV; and
You consent that all data collected through the Safety Measures may include, without limitation, user, device, and network identification information such as, but not limited to, email address, username, hostname, MAC address, IP address, Wi-fi SSID, geolocation and organization domain information, as well as information on usage of CIGNAL PLAY.
CIGNAL TV Services Applied or Purchased through CIGNAL PLAY
Should you wish to apply for a new service or upgrade to your existing subscription, you may accomplish your application online. However, your application for new service or subscription upgrade shall be subject to your submission of certain requirements to CIGNAL TV, the availability of CIGNAL TV’s facilities to provide the service or subscription upgrade, and to CIGNAL TV’s evaluation of your application.
You shall be notified if your application for new service has been approved and will be provided with instructions regarding payments prior to service activation or subscription upgrade implementation.
When you are subscribed to a particular subscription plan that is valid for a certain period of time, you will be able to upgrade to a higher subscription even if that period has not yet expired and higher subscription may take effect immediately. While this is possible, you understand that no refund, credit, rebate, or anything similar to that would be given to you as a consequence of such upgrade.
ONBOARDING - FREE TRIAL.
CIGNAL TV may give you free trial access (the “Free Trial”) of CIGNAL PLAY, which access shall only commence by (1st) activating your profile through the CTA button (the “Start Free Trial” button); (2nd) selecting your desired CIGNAL PLAY subscription plan; and (3) completing the registration process.
Further, you agree that:
Free Trial shall be made available and be used only by CIGNAL PLAY users;
CIGNAL TV does not guarantee the Free Trial. But should it be available at the time of your registration, you shall be notified of its term and conditions;
After the expiration of the Free Trial, you will be automatically billed and charged of the amount for your chosen CIGNAL PLAY subscription plan, unless you choose to cancel based on the cancellation instructions in Section 13; and
CIGNAL TV gives you the discretion to cancel your Free Trial at any time, provided, however that such cancellation shall be done at least twenty-four (24) hours before the Free Trial period expiration.
ONBOARDING – SUBSCRIPTION.
CIGNAL TV allows you to cancel your subscription to CIGNAL PLAY at least twenty-four (24) hours prior the end of your CIGNAL PLAY subscription plan current billing period (the “Billing Period”). To cancel, go to the "Manage Plan" page on the CIGNAL PLAY App, and at the bottom left of the active plan, you will see an option to cancel the plan. Click Cancel Plan, and they will receive a confirmation pop-up; then click Ok, and the plan will get cancelled. If you want to cancel your subscription through your chosen third-party payment gateway (App Store or Google Play), navigate to your CIGNAL PLAY active plans and then cancel the subscription.
PROMOTIONS.
From time to time, CIGNAL TV may offer you other services for additional or change (the “Promotions”) in the contents available in CIGNAL PLAY. This offer may come in a form subscription bundle. However, CIGNAL TV gives you the time and sole discretion to avail of or not these Promotions.
BILLING.
CIGNAL TV automatically renews your CIGNAL PLAY subscription at the end of every Billing Period unless you have cancelled it. Payment shall be automatically billed and charged to the payment method you have chosen during (a) your registration, or (b) every start of your Billing Period.
CIGNAL TV shall bill you of the amount corresponding to your chosen CIGNAL PLAY subscription plan. Billing and payment shall be at the beginning of your subscription period. Then we shall automatically and continuously bill and charge you either weekly or monthly, depending on your chosen mode of payment, unless you have cancelled your subscription.
SUBSCRIPTION PRICE CHANGE.
CIGNAL TV shall notify you of any change in the price of your CIGNAL PLAY subscription plan. CIGNAL TV gives you the discretion to accept the same or not. In case of acceptance, we shall renew your subscription based on the existing price at the time of renewal. However, if the new price for your subscription plan is not acceptable, you may cancel your subscription accordingly.
CANCELLATION.
CIGNAL TV allows you to cancel your Free Trial or Subscription to CIGNAL PLAY at least twenty-four (24) hours prior the end of your CIGNAL PLAY Billing Period. To cancel, go to the "Manage Plan" page on the CIGNAL PLAY App, and at the bottom left of the active plan, you will see an option to cancel the plan. Click Cancel Plan, and they will receive a confirmation pop-up; then click Ok, and the plan will get cancelled. If you want to cancel your subscription through your chosen third-party payment gateway (App Store or Google Play), navigate to your CIGNAL PLAY active plans and then cancel the subscription.
PAYMENT
You can opt from various payment methods such as debit card, credit card, internet banking that may be made available on the App during their registration (“Payment Methods”) for payment of the Subscription Fees.
You will be billed as per their selected subscription plan and via the Payment Method elected by them at the time of registration. Any changes in the Subscription Plan opted by you is effective only after the expiry of the current Subscription period for which You have already been billed. Accordingly, the Subscription as per revised plan opted by the user shall be effective only after the expiry of the current Subscription period.
The selected subscription plan may automatically commence at the end of the special introductory period, if applicable, unless the user cancels the Subscription before the end of the special introductory period.
The Subscription Fee specified for each Subscription plan is inclusive of applicable taxes for Subscribers and subject to the applicable laws. Further, the Subscription Fees paid to CIGNAL PLAY for availing the Services are final and/or non-refundable as specified in below.
CIGNAL TV will be using third party payment gateways to process and facilitate the payment of users Subscription Fee to CIGNAL PLAY and may offer different kinds of Subscription plans, each of these Subscription plans being subject to different limitations and restrictions and the cost of each of these Subscription plans may vary. On successful Registration CIGNAL will send a confirmation of subscription through the user’s email.
You further understand and acknowledge that CIGNAL PLAY App only facilitates the thirdparty payment gateway(s) used for processing payments. This facility is fully managed by the third-party payment gateway provider(s) and users are required to follow all the terms and conditions of such third-party payment gateway provider(s).
You are responsible for the accuracy and authenticity of the information provided to thirdparty payment gateways, including the bank account number/credit card details and the like. Users agree and acknowledge that CIGNAL PLAY and CIGNAL TV shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
CIGNAL TV may, at any time, introduce different kinds of offers, or rewards, or benefits or plans for the use and avail of the Services of the App, each being subject to different limitations and restrictions. Terms and Conditions at sole discretion of CIGNAL TV.
NO REFUND / NON-CREDITABLE.
Payment for your subscription plan/s shall not be refundable or creditable back to you, regardless of if your subscription is cancelled even before the end of the current Billing Period. After cancellation, you can still continue to enjoy the services and contents in CIGNAL PLAY for the remaining time of the Billing Period.
EXPORT RESTRICTIONS
The Services available on CIGNAL PLAY may be subject to laws, administrative regulations, and executive orders of those authorities responsible according to any applicable laws relating to the control of imports and exports of the Services (“Export Laws”). You agree to comply with all applicable Export Laws and you shall not export or re-export directly or indirectly (including via remote access) any part of the Services to any country to which a license is required under the Export Laws without first obtaining a license.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless CIGNAL TV, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from your use of CIGNAL PLAY, including your use of any Services, or your violation of the Terms.
TERMINATION
These additional terms will continue to apply until terminated by either you or CIGNAL TV as set out below
CIGNAL PLAY reserves the right to terminate or modify the Special Introductory Price offer, regular premium subscription offer, basic layer access, or any add-on features at its sole discretion, without any liability to you. In such cases, the app will provide prior notice to the affected subscribers regarding any changes or termination of the promotional offer or access to basic layer content.
If you want to terminate your agreement with CIGNAL TV under these additional terms, you may do so by cancelling your subscription. Unless you have cancelled your subscription, you will remain to be billed, if applicable, for the use of the CIGNAL PLAY regardless of your activity or inactivity
CIGNAL TV may at any time, terminate your right to use CIGNAL PLAY if: (a) you have violated any provision of the Terms; or (b) CIGNAL TV is required to do so by law; or (c) CIGNAL TV decides to no longer provide/ maintain CIGNAL PLAY service.
When the contract governed by the Terms terminates, all of the legal rights, obligations and liabilities that you and CIGNAL TV have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of CIGNAL PLAY and any services purchased or otherwise obtained through the use of CIGNAL PLAY is at your sole risk and that CIGNAL PLAY is provided “as is” and “as available” without warranty of any kind, to the maximum extent permitted by law.
Your use of CIGNAL PLAY and any services purchased or otherwise through the use of CIGNAL PLAY is at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from such use.
To the maximum extent permitted by law, CIGNAL TV further expressly disclaims all warranties terms or conditions of any kind, whether express or implied, including, but not limited to any implied warranties terms and conditions of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, with respect to any services purchased or otherwise obtained through CIGNAL PLAY.
None of the services are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the products could lead to death, personal injury, or severe physical or environmental damage.
LIMITATION OF LIABILITY
CIGNAL TV shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you through your use of CIGNAL PLAY or any services purchased or otherwise obtained from CIGNAL PLAY, including any loss of data, whether or not CIGNAL TV or its representatives have been advised of or should have been aware of the possibility of any such losses.
PAYMENT THRU CREDIT CARD OR DEBIT CARD
You agree to the terms & conditions of CIGNAL PLAY which cover provisions on payments through credit/debit/debit card below:
In order to access certain services through CIGNAL PLAY, you may be required to provide information about yourself such as but not limited to the following: your name, date of birth, address, telephone number/s, mobile phone number/s, email address, marital status, etc. and CIGNAL TV account number/s. By providing these pieces of information, you consent to the collection and processing of your personal or sensitive personal information as defined in the Data Privacy Act of 2012 and other applicable laws. You can always manage your privacy settings in CIGNAL PLAY;
You may also be required to provide your bank, credit/debit card details and other similar information especially when you enroll in any online payment facility within CIGNAL PLAY. When using any online payment facility provided CIGNAL PLAY, you will be redirected to the payment page of CIGNAL TV’s online payment provider where you may be required to encode your bank and/or credit/debit card information. When you provide your bank and/or credit/debit card information, you consent to the collection and processing of this information (including any personal or sensitive personal information as defined in the Data Privacy Act of 2012) by CIGNAL TV’s online payment provider. Your bank and/or credit/debit card information are not collected, processed or stored by CIGNAL TV.
You may see a nominal charge when adding or enrolling your debit or credit card in CIGNAL PLAY. This charge is temporary and is done solely to validate your debit and/or credit card details. This charge is automatically voided once the validation process is completed.
You shall keep your contact details and account information updated via any of CIGNAL TV’s Customer Service touchpoints. CIGNAL shall not be liable for any misinformation or miscommunication arising from its inability to contact you owing to your failure to update its contact and payment details.
CIGNAL TV may make available to your certain payment processing methods to facilitate the payments for the purchase of Services from CIGNAL PLAY. You agree to abide by any relevant terms & conditions or other legal agreement, whether with CIGNAL TV or a third party, that governs your use of a given payment processing method. You agree that CIGNAL TV reserves the right to add or remove payment processing methods at its sole discretion and without notice to you;
For payments made via CIGNAL PLAY, it shall be your responsibility to verify that all transaction information and other details are correct. In the event of any discrepancy or error resulting from the online payment transaction, you shall course your dispute through your credit or debit card’s issuing bank;
In the event that: (1) your payment is not credited to your account; (2) you are charged multiple times for the same payment transaction; or (3) you experience a situation analogous to the foregoing, reimbursement of the amounts already paid shall be made in the following manner:
a. You shall contact your credit or debit card’s issuing bank and make the formal request for a chargeback or reversal. In the event the issuing bank finds that the disputed transaction is eligible for chargeback or reversal, the issuing bank shall coordinate with CIGNAL TV’s acquirer to initiate the chargeback or reversal process.
b. CIGNAL TV shall thereafter issue a credit voucher to its acquirer and such acquirer shall credit the amount to be reversed in your credit/debit card account.
In the event that the payment via credit/debit card is rejected or declined for any reason whatsoever, you shall immediately settle your outstanding balance directly with CIGNAL TV through CIGNAL TV, INC.’s authorized payments centers, without need for further demand or notice from CIGNAL TV, INC.
You understand and agree that you have no recourse against CIGNAL TV’s acquirer regarding any complaints or disputes relating to payments made by you for purchases from CIGNAL PLAY. Should you have any complaints or disputes regarding such payments, you shall notify your credit/debit card’s issuing bank and/or CIGNAL TV regarding the same, in accordance with the procedure of these additional Terms.
PAY WITH SMART
By subscribing to a CIGNAL PLAY service using Pay with Smart, you authorize CignalTV to collect payment for your subscription directly from your mobile phone carrier. Your mobile number will be securely stored and used for billing and customer support purposes.
CignalTV reserves the right to suspend or terminate your subscription in the event of nonpayment or fraudulent activity.
In the event of double charging, duplicate charges, overlapping charges, unintended charges, or billing errors, you must immediately contact Smart Communications, Inc. customer support to resolve the issue. Concerned parties (Cignal TV and Smart) will investigate the matter and take necessary steps to resolve the issue.
CignalTV will make reasonable efforts to prevent such errors but cannot guarantee that they will not occur. You agree to cooperate with CignalTV in resolving any billing disputes.
GENERAL LEGAL TERMS
These Terms and Conditions for CIGNAL PLAY constitute the entire legal agreement between you and CIGNAL TV and govern your use of CIGNAL PLAY. You confirm that, in agreeing to enter into these Terms and Conditions, you have not relied upon any representations or statements not expressly incorporated herein.
You agree that if CIGNAL TV does not exercise or enforce any legal right or remedy which is contained in Terms and Conditions (or which CIGNAL TV has the benefit of under any applicable law), this will not be taken to be a formal waiver of CIGNAL TV’s rights and that those rights or remedies will still be available to CIGNAL TV.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be deemed an unenforceable without affecting the remaining provisions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
These Terms and Conditions shall be governed by the laws of the Republic of the Philippines and you and CIGNAL TV hereby irrevocably submit to the exclusive jurisdiction of the courts of Mandaluyong City, to the exclusion of all other venues.
By subscribing to the CIGNAL PLAY service, users acknowledge that they have read, understood, and agreed to these terms and conditions. It is the user's responsibility to review the terms periodically for any updates or changes made by the CIGNAL PLAY app.
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