Terms & Conditions - Collection on Behalf Service for Netflix subscriptions

 

  1. General
    1. The use of the Service is subject to StarHub's General Consumer Terms & Conditions and any other terms and conditions that you and we may have agreed to from time to time (including but not limited to the applicable terms and conditions in relation to the respective television, broadband, mobile or digital voice services that you have procured from us). You may view our terms and conditions at Legal Notice & Terms.
  2. Definitions
    1. In these Service Specific Terms and Conditions:

"Netflix"

means the entity known as Netflix, Inc and its related entities which provide the subscription video-on-demand television services under the name of “Netflix”. 

"Netflix Charges"

means all charges related to the your subscription of the Netflix services (as defined below) including the subscription charges, any activation, deactivation, transactional, administrative and other fees and charges to be paid by you for or relating to the Netflix services.

"Netflix services"

means the subscription video-on-demand streaming services provided by Netflix in Singapore.

"Personal Data"

shall have the meaning set out in StarHub’s Data Protection Policy.

"Service"

means the collection service by which we collect from you, for and on behalf of Netflix, the relevant Netflix Charges that are presented on our bills.

"Software"

means any software programme, application and firmware including any upgrades provided to you as part of the Service or which allows you to access the Service.

 

  1. Eligibility for the Service
    1. Unless otherwise permitted by us in writing, the Service is only available to you if you:
      1. have a valid and existing billing relationship with us and one active post-paid consumer service with us (such active post-paid consumer service could be a pay television service, a mobile post-paid subscription service, a broadband service or a digital voice service);
      2. have subscribed to a Netflix service and obtained a Netflix Singapore account via our StarHub website or via the Fibre TV set-top box;
      3. have selected this Service as the relevant payment mode for your Netflix subscription;
      4. are an individual with a valid residential address, and not a corporation, or you have not subscribed to the relevant StarHub services through a corporate, bulk subscription or other similar arrangements; and
      5. do not have any outstanding accounts with us that are due and owing to us at the time of your subscription to the Netflix services.
    2. You must at all times provide us with such information as may be necessary or desirable for us to provide you with the relevant Service.
       
  2. Other Criteria
    With regards to your Netflix service subscription, you accept and agree to abide by such terms and conditions as may be imposed by Netflix from time to time including their Terms of Use and Privacy Statement and any terms and conditions relating to your selected payment method.

  3. Duration of Service
    1. The Service will commence at the same time that your new Netflix subscription service commences, although we may incorporate the Netflix Charges only at the next or following bill that is issued by us after your initial subscription of the Netflix service.
    2. The Service will continue from month to month automatically until terminated according to the provisions of this Agreement.

  4. Service
    1. Under this Agreement, you are obliged to pay for the Netflix Charges that are presented in our bills to you, in accordance with Clause 2 of StarHub's General Consumer Terms & Conditions unless otherwise specified in these Service Specific Terms and Conditions.
    2. You will be billed in advance for the Netflix Charges at monthly intervals or such other intervals as may be determined by Netflix, and such Netflix Charges will be presented on our bills accordingly.
    3. With regards to the relevant StarHub service through which this Service is provided, if you have signed up for your Netflix service via the Fibre TV Set-Top Box your Netflix Charges will be presented in the pay television bills that you receive from us. If you have signed up for your Netflix service through the StarHub Website, your Netflix Charges will be presented in the relevant StarHub post-paid recurring bill that you have selected at the time of subscription.
    4. We will render the Service for only one Netflix subscription for each billing account that is under your name, regardless of the number of StarHub services that are being billed under that particular billing account.
    5. Under the Service, the Netflix Charges and all billing information in relation to the Netflix Charges that you see on your bill are solely determined, managed and controlled by Netflix and not by us. For the purpose of the Service, we are acting merely as a billing agent and not as a provider of the Netflix service. As such, our bill to you for the Netflix service shall be deemed accurate and correct at all times. If you have any queries, disputes or concerns on the Netflix Charges and the Netflix services, you agree to contact Netflix directly to address such queries, disputes or concerns. We shall not be obliged to answer any of such queries, disputes or concerns.
    6. Notwithstanding any queries, disputes or concerns that you may have with Netflix, you are still obliged to make payment of the Netflix Charges in full and without delay and in accordance with StarHub’s payment terms and conditions. We reserve all our rights and remedies under this Agreement and at law in the event of a failure or default in payment of the Netflix Charges. For the avoidance of doubt, Clause 2.5 of StarHub's General Consumer Terms & Conditions which provides billing disputes between you and us, does not apply to the Netflix Charges.
    7. Netflix does not provide for refunds of any payments made to them. Accordingly, we will not make any refunds to you for your payment of the Netflix Charges, regardless of the reason for any refund.
    8. If you have multiple billing items in your bill, including the Netflix service, we will determine at our sole discretion the allocation of any partial payment made by you to such bill.
    9. You may not change the type of bill for the purpose of this Service for the payment of the Netflix Charges. If you wish to make a change on the type of bill, you would have to terminate your subscription to the Netflix service and enter into a new subscription for the Netflix service, select the Service again and the new type of bill through which we will provide the Service.
    10. If you change your billing account for any reason (for example, if you request for a merger of multiple bills into one bill), this Service may be terminated upon implementation of the change.
    11. Unless otherwise permitted by us in writing, the Service is provided to you solely for your personal use only and any use of the Service for commercial or business purpose, whether by you or other persons is a breach of your terms of use of the Service.
    12. Your use of the Service is subject to any instructions, notices and directions as may be determined by us from time to time.
    13. 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.
    14. The Netflix Charges incurred under the Service with respect to the Netflix service will not entitle you to any reward points, Hub Club discounts or any benefits that is conferred from the hubbing of StarHub services that may be offered by us from time to time.

  5. Personal Data Protection
    Your use of the Service is subject to StarHub’s Data Protection Policy. By using or continuing to use the Service, you agree and consent to be bound by the terms of StarHub’s Data Protection Policy.

  6. Liability
    1. The Service is provided on an "as is" and "as available" basis and you agree and accept that you use 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, accuracy or correctness in the billing, 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, your sole and exclusive remedy is to terminate the Service according to this Agreement.

  7. Resale
    You will not resell or otherwise provide any of the Service to third parties without our prior written consent, whether or not for profit or otherwise.

  8. 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, misinformation or errors in the billing information provided by Netflix, 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), epidemics of infectious diseases.
  9. 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 11, the Service or this Agreement may be terminated in the following manner unless otherwise agreed in writing by you and us:
      1. by you giving Netflix the requisite notice for a change in the payment method for your Netflix service in accordance with such terms and conditions as Netflix may prescribe, and in such event the termination of this Service will take effect when Netflix notifies us of the change in payment method;
      2. by you giving Netflix the requisite notice of a termination of your Netflix service accordance with such terms and conditions as Netflix may prescribe, and in such event the termination of this Service will take effect when Netflix notifies us of the termination;
      3. upon the termination for any reason of the relevant StarHub service through which this Service is rendered;
      4. upon the suspension, for any reason, of the relevant StarHub service through which this Service is rendered;
      5. upon the termination or suspension, for any reason, of the relevant StarHub billing account through which this Service is rendered; or
      6. by us giving you prior notice of 7 working days.
    2. If this Service or this Agreement is terminated pursuant to Clauses 11.3 below, you will compensate us for any damages or losses we may suffer because of the early termination.
    3. In the event of any of the following:
      1. you breach any of the terms and conditions of this Agreement or any other agreement you have with us;
      2. you breach the terms of use of any of the relevant StarHub services that you have subscribed to;
      3. you become or threaten to become bankrupt or insolvent, or die;
      4. you make any arrangement or composition with or assignment for the benefit of your creditors or go into either voluntary or compulsory liquidation or a receiver, trustee, judicial manager or administrator is appointed over any of your assets;
      5. the equivalent of any of the events referred to in paragraphs 11.3.3 and 11.3.4 above under the laws of any relevant jurisdiction occurs to you;
      6. you provide incorrect, false or incomplete information to us;
      7. the requirements of any relevant regulatory authority result in us having to stop providing the Service, or to provide the Service in a manner which is unacceptable to us;
      8. 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;
      9. for any reason beyond our control (including loss of licence to provide the Service and any other relevant 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, we may suspend or terminate the Service or terminate this Agreement with 1 working days' notice (for sub-clauses 11.3.1 and 11.3.6 above) or with immediate effect (for sub-clauses 11.3.3, 11.3.4, 11.3.5, 11.3.7, and 11.3.8 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; or
      10. 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.
    4. 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.
    5. 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.
    6. If a Service is terminated all sums due, accruing due or payable to us in respect of the Service up to the date of termination (including late payment charges) will, upon the termination, become immediately due and payable to us.
    7. Without prejudice to and in addition to the foregoing, in the event that for any reason your relevant post-paid consumer StarHub service on which this Service is provided (for example, the relevant pay television service, mobile post-paid subscription service, broadband service or digital voice service) is terminated, this Service will be simultaneously and automatically terminated without further notice or liability to you by us.
  10. Changes
    We may change the Service in such manner as we may determine in our absolute discretion. We may also from time to time revise the Charges for the Service. Your continued use of the Service shall be deemed acceptance of the changes.