Terms & Conditions - HubStation

 

  1. Definitions
    1. In this Section:
      1. "Charges" refers to all activation/connection, disconnection, reconnection, subscription, installation, service call and administrative charges and other fees and charges to be paid by you for or relating to the Service or the Equipment. The Charges will be in accordance with the rates in our prevailing rate tables available on our website or at our customer service centre;
      2. "DVR" means digital video recorder;
      3. "Equipment" refers to HubStation, its remote control and related accessories provided by StarHub Cable Vision Ltd (Reg. No. 199103398C) under this Agreement and which you use to obtain or access the Service and such other services as may be determined by us;
      4. "Network" means all networks owned, maintained or operated by, and/or leased/licensed to us (including our nation-wide broadband network based on the hybrid fibre co-axial design which includes but is not limited to the distribution box in or serving the Premises) through which we provide the Service to you;
      5. "Premises" means the property or individual unit (in a multi-unit or multi-storey building/apartment block) bearing the Service Address, which is owned or occupied by you and connected to the Network;
      6. "Service" refers to our ‘HubStation’ service which features, inter alia, DVR capabilities (currently known as Smart TV) and certain telecommunications services, provided by StarHub Cable Vision Ltd (Reg. No. 199103398C) and its Affiliates via the Network;
      7. "Service Address" refers to the address of the Premises at which we agree to provide the Service; and viii. "Software" refers to any software programme and firmware including any upgrades provided to you as part of the Service or which allows you to access the Service.
  2. Eligibility for Equipment and Service
    1. Subject to the provisions of this Clause 2 and Clause 9.11 below, this Agreement applies to all customers who have purchased the Equipment and all users of the Equipment or the Service.
    2. Unless otherwise permitted by us in writing, the Equipment and the Service are only available to residential customers for residential use.
      For individuals, you must be at least 18 years old.
    3. Unless otherwise permitted by us in writing, subject to paragraphs 5 to 7 below, the Service is only available at residential Premises which are connected to our hybrid fibre co-axial broadband network with reverse signal for 2-way interactivity.
    4. You acknowledge and agree that availability of the Service is subject to: 
      1. availability of resources, including but not limited to, availability of a suitable network infrastructure at the time at which the Service is requested or delivered; and
      2. geographical coverage and technical capacity of our Network and of our delivery systems at the time at which the Service is requested or delivered.
    5. You must at all times provide us with such information as may be necessary or desirable for us to provide you with the Service.
    6. We may decline acceptance of your application at our discretion.
    7. You acknowledge and agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Further, you waive any rights or requirements under any applicable laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records.
  3. Duration of Service
    1. The Service under this Agreement will commence on: 
      1. the date of successful on-site installation of the Equipment by us, if you request us to install the Equipment; 
      2. the date of the collection of the Equipment, if you self-install the Equipment; or 
      3. such other date as may be stated in the application form or work order or otherwise approved by us in writing.
    2. This Agreement will continue until terminated according to the provisions of this Agreement.
  4. General Requirements
    1. We will only provide the Equipment or the Service to you:
      1. at the Service Address as stated in the application form/work order; or 
      2. (subject to Clause 2.4) at such Service Address as you may notify us and approved by us from time to time.
    2. Unless otherwise permitted by us in writing, the Service is provided to you solely for your private viewing and you may receive and use the Equipment and the Service at the Service Address and for residential use only. You must not exhibit in public or collect any fees for the exhibition of the Content in the Service. Unless otherwise permitted by us in writing, any use of the Equipment or the Service for commercial or business purpose or any other non-residential use, whether by you or other persons at the Service Address is a breach of your terms of use of the Equipment or the Service. Unless otherwise permitted by us in writing, the Equipment and the Service are supplied to residential properties exclusively. Where an agent enters into a Service agreement (including but not limited to a management corporation for and on behalf of subsidiary proprietors, or an employer for and on behalf of employees), the agent warrants that the supply is to residential properties only.
    3. You must exhibit the channels or programmes received as part of the Service in their entirety without any interruptions including all titles, credits, logos and copyright notices. You will not, for any purpose whatsoever, alter, reproduce, edit, supplement, omit or circumvent any channel or programme received as part of the Service, including the insertion of crawlers or advertisements either immediately before, during or after the exhibition or broadcast of the channel or programme.
    4. We may, at any time and without any notice to you, temporarily suspend the Service for operational reasons such as repair, maintenance, upgrade or improvement of the Service or because of an emergency. We will restore the Service as soon as reasonably practicable. We may also modify the Service in order to keep pace with the prevailing demands and technological developments, at our discretion and without any notice to you.
    5. The Service will not support our billable value-added services such as Online Storage, Games-on-Demand, i.View, i.Mall, SafeSurf and Play.
    6. The use of the Service is subject to any instructions, notices and directions as may be determined by us from time to time.  
  5. Complimentary Television Channels, Post-paid StarHub TV Services
    1. Subject to the next point below, we will provide you the following complimentary international television channels via the Equipment at the Service Address determined by StarHub:
      1. Arirang TV;
      2. Australia Network;
      3. Deutsche Welle;
      4. KBS World;
      5. TVRI; and
      6. such other television channel as may be determined by us from time to time. The complimentary television channels are part of our StarHub TV services.
    2. We may, at any time and without any notice to you, suspend or terminate the provision of any of the complimentary television channels.
    3. You may use the Equipment to access our post-paid StarHub TV services, provided that you have entered into separate agreement with us for such services. You must pay our prevailing Charges for such services.
    4. The use of post-paid StarHub TV services is also subject to our Service Specific Terms & Conditions for StarHub CableTV.
  6. Complimentary Cable Broadband Access Service
    1. Subject to paragraph (b) below, we will provide complimentary cable broadband access service (of download speed of up to 1 Mbps) via the Equipment at the Service Address until 31 December 2010 or such time as may be determined by StarHub. The complimentary cable broadband access service is part of our StarHub MaxOnline services.
    2. We may, at any time and without any notice to you, suspend or terminate the provision of the complimentary cable broadband access service.
    3. The complimentary cable broadband access service is offered as a complimentary service of the Service and is not available for ala-carte subscription.
    4. In consideration of our grant to you of access and use of the complimentary cable broadband access service, you acknowledge and agree that we may from time to time display advertisements and/or promotions that would appear when you use this cable broadband access service. The manner, mode and extent of advertising by us on the cable broadband access service shall be determined solely by us and is subject to change without specific reference or notice to you.
    5. The use of StarHub MaxOnline services is also subject to our Service Specific Terms & Conditions for MaxOnline.
  7. Content and Your Responsibilities
    1. You are responsible for the use of the Service under your account(s) and for any Content disseminated through your account(s).
    2. You must not use or allow any part of the Service to be used:
      1. to transmit or post any Content which may be defamatory, offensive, indecent, objectionable or illegal, or which may cause annoyance, harassment, irritation, inconvenience or anxiety to anyone. This includes transmitting or posting "junk mail", "spam", "chain letters", "solicitations" (commercial or non-commercial) or distributing mail to any party who has not given permission to be included in the distribution;
      2. to transmit or post any Content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;
      3. to transmit any Content that contains viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programs; to make or attempt any unauthorised access to any part or component of the Service, the Network or any third party systems or networks to which you can connect through the Service directly or otherwise;
      4. to disrupt the various networks that are connected to the Service or violate the regulations, policies or procedures of such networks; to collect and/or disseminate information about others or their email addresses without their consent; for any fraudulent, illegal or improper purposes or to violate anybody's rights or in any way which may affect other users' enjoyment of or access to any Service or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone;
      5. in any manner or for any purpose which may constitute a violation or infringement of the rights of any party including but not limited to their intellectual property or confidentiality rights; and
      6. to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not.
    3. You acknowledge and agree that through your use of the Service, you may encounter Content which may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Service at your sole risk and that we will not have any liability to you for the type of Content that you may access, including without limitation Content that you may find offensive, indecent, or objectionable.
    4. You acknowledge and agree that the Content accessed through the Service may be altered with technology and/or rules which protect digital information from access and may limit or restrict your usage of Content to certain usage rules as may be determined by us and our licensors (the "Usage Rules"). You agree to comply with the Usage Rules. The Usage Rules may be controlled and monitored by us for compliance purposes, and we reserves the right to enforce the Usage Rules with or without notice to you.
  8. Charges
    1. You are liable to pay for the Service or the Equipment at such Charge(s) as we may determine from time to time.
  9. Equipment and Use of Equipment
    1. In order to access the Service, you must purchase the Equipment at our prescribed Charge(s).
    2. You must not allow any person to modify such Equipment without our prior written consent.
    3. You must keep the Equipment in a suitable place and appropriate conditions for the Equipment, including any necessary electrical power supply. You must also use and maintain the Equipment in good working condition (fair wear and tear excepted) in accordance with the guidelines, instructions or specifications given to you.
    4. You must ensure that the Equipment shall at all times remain in your custody at the Service Address and be used only to receive the Service.
    5. You are solely responsible for the Equipment and must not modify, tamper or in any way interfere with, nor allow anyone else (other than a person authorised by us) to do so. You will not change the serial number or equipment identifier of the Equipment or to perform a factory reset of the Equipment without our prior written consent. We reserve the right to suspend or terminate your Service if we determine, in our absolute discretion, that you have tampered with the Equipment.
    6. If you receive the Equipment new from us or our authorised resellers and the Equipment includes a warranty at the time of receipt, you must refer to the warranty document provided with the Equipment for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set out in the warranty document. Your sole and exclusive remedy for any defect in the Equipment will be according to the terms of the manufacturer’s warranty. Save as aforesaid, we will not be responsible for any defect of the Equipment.
    7. We will not be responsible for the Equipment or any related hardware or Software comprised therein, or any loss or damage caused by or as a result of the use of such Equipment, hardware or Software, whether in conjunction with the Service or not.
    8. We reserve the right to charge you at our standard rates for responding to a service call or request to change or replace any defective Equipment, unless we subsequently ascertain that the malfunction or defect is not caused by or attributable to your act, omission, equipment or systems.
    9. You must comply with all applicable laws and instructions, notices or directions issued by the relevant regulatory authority or us from time to time in respect of the installation, use, operation or upgrade of the Equipment.
    10. Upon our notification, you will grant us access to the Equipment and the Software embedded therein as and when we deem necessary to carry out any equipment upgrade.
    11. The Equipment and the Service are non-transferable, unless otherwise approved by us in writing.
    12. You can use the Equipment and the complimentary cable broadband access service to access the following StarHub service:
      1. Digital Voice Home
        In order to do so, you must subscribe to the respective services at StarHub’s prevailing rates. In addition, you must purchase a wireless Integrated Access Device (IAD) to access Digital Voice Home service. StarHub’s prevailing Terms & Conditions for Digital Voice Home applies.
  10. System Requirement
    1. You are responsible for ensuring your equipment and systems connected to the Network meet the Service's minimum system requirements as may be stipulated by us, and that they are compatible and may properly function and inter-operate with the Equipment, the Service and the Network. We will not be liable for any Equipment, Service or Network failure or performance degradation resulting from the non-compliance of such requirements as set by us from time to time. You acknowledge and accept that certain applications are not supported by the Service.
  11. Installation
    1. In the case where you request for installation of the Equipment or where collection of the Equipment is required, you will provide us, our employees and contractors safe access to your Premises for such installation or collection. You represent and warrant that you are the lawful owner or occupier of such Premises and that you have obtained all necessary permissions to allow us, our employees and contractors to provide such installation and/or collection.
    2. Any Service failure due to subsequent changes to the system configuration after successful installation is your sole responsibility. Any Charges as a result of rectifying such fault caused by you or any third parties will be borne by you.
    3. Standard charges will be chargeable for installation of the Equipment and any cable-points at your Premises and also collection of the Equipment.
  12. Liability
    1. The Service is provided on an "as is" and "as available" basis and you agree and accept that you use the Service or rely on any Content obtained through the Service at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement to the fullest extent allowed by law. No advice or information whether oral or written, obtained by you from us or through the Service will create any warranty not expressly made in this Agreement.
    2. If you are dissatisfied with the Service or with the Content, products or services available on or through the Service or with any of the Terms & Conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Service or terminate the Service according to this Agreement.
  13. Proprietary Rights
    1. All Content contained in sponsor advertisements or presented to you through the Service by us, our advertisers, content/applications providers or third parties, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree that you are only permitted to use such Content as expressly authorised by us, the advertiser, the provider or third party in question.
    2. You are not permitted to copy, reproduce, distribute, or create derivative works from such Content without written authorisation from us, the advertiser, the provider or third party in question.  
  14. Resale
    1. You will not resell or otherwise provide the Equipment or the Service to third parties without our prior written consent, whether or not for profit or otherwise.  
  15. Matters Beyond Our Control
    1. We will not be liable for any delay or failure in performance under this Agreement resulting from matters beyond our control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, equipment failure, computer software or Software malfunction, electrical power failure, faults, interruption or disruption of the Network or the networks of other Service Providers or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases.
    2. Without prejudice to paragraph (a) above, the Service may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. When this happens, we will not be responsible for any interruption or disruption of the Service or if you cannot access or use the Service.
  16. Ending the Service
    1. Without prejudice to the rights either party may have against the other party under this Agreement for any antecedent breach of this Agreement and subject to the provisions of this Clause 16, the Service under this Agreement or this Agreement may be terminated by you giving us prior notice of at least 7 working days.
    2. In the event of any of the following:
      1. you breach any of the Terms & Conditions of this Agreement or any other agreement you have with us;
      2. you breach the terms of use of the Service under Clause 4(b) above;
      3. you provide incorrect, false or incomplete information to us;
      4. the requirements of any relevant regulatory authority result in us having to stop providing the Service or the Network connection, or to provide the Service or the Network connection in a manner which is unacceptable to us;
      5. if you are likely to create imminent harm (such as interruption, disruption, congestion, signal leakage and any Unauthorised Act) to our Network or any third party's networks or systems or our provision of Service, or defraud us, or are likely to create imminent harm or are abusive to our personnel;
      6. if the Premises or the building within which the Premises is located is or has been disconnected from the Network for any reason whatsoever; or
        for any reason beyond our control (including loss of any licence, way-leave or easement, requirements of any governmental or regulatory authority or orders by the court and failure to deliver by a third party supplier) we are unable to provide the Service or the Network connection, we may suspend or terminate all or any part of the Service or terminate this Agreement with 7 working days' notice (for paragraphs (i), (iii) and (vi) above) or with immediate effect (for paragraphs (ii), (iv), (v) and (vii) above) without compensation and without prejudice to our rights to damages for any antecedent breach by you of this Agreement. You may immediately contact our customer service, either by calling our customer service line or visiting any of our customer service centres to tell us why such suspension or termination should not occur. We will consider each case and where we deem appropriate, will not proceed with the suspension or termination of such account or take any other appropriate action where necessary.
    3. In the event that we suspect that you are using or allowing the Service to be used for fraud, misconduct or any other illegal or improper purpose, we will refer this to the relevant authorities without notice to you and comply with directions or guidelines issued by them without further reference to you.
    4. If and when you make good any breach or default, we may restore any suspended or terminated Service after you have paid for any restoration or re-connection Charges and reimbursed us for our reasonable costs in suspending or terminating the Service.
    5. If the Service is terminated, all sums due, accruing due or payable to us in respect of the Service and as applicable, the Equipment up to the date of termination (including late payment charges) will, upon the termination, become immediately due and payable to us;
    6. The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.  
  17. Changing this Agreement
    1. We may from time to time change any of these Terms & Conditions and/or such other Terms and Conditions agreed or accepted by you. We may also from time to time withdraw, suspend, or change the Service or any part thereof. Such changes will take effect as from such date as we may determine. We will notify you of such changes through written notice, electronic mail, StarHub website or such other form as we may deem appropriate. You agree that the display of the revised Terms & Conditions on StarHub website will constitute notice of the changes. Your continued use of the Service will constitute acceptance of the changes.
    2. Without prejudice to paragraph (a) above, we may change the Service by amending, substituting or withdrawing any channel, programme or channels’ grouping/package in such manner as we may determine in our absolute discretion. We may also from time to time revise the Charges for the Service.
    3. For promotional offers of the Equipment or the Service, special Terms & Conditions may apply.