Terms & Conditions - NBA TV & NBA Playoff 2019/20
1. The subscription and exhibition of NBA TV HD (Ch 217) is subject to (i) these Terms and Conditions; (ii) the terms and conditions set out in the Application Form by StarHub; (iii) StarHub's Service Specific Terms & Conditions for TV Services (the 'Service Specific Terms & Conditions'); (iv) StarHub's Business General Terms & Conditions for Info-communications Services (the 'General Terms & Conditions'); and (v) StarHub's Terms & Conditions for Network Connection (if the channel is delivered via cable or fibre), as amended or supplemented (collectively, the 'Agreement'). The Service Specific Terms & Conditions, the General Terms & Conditions and the Terms & Conditions for Network Connection can be found at http://www.starhub.com.
2. Unless the context otherwise requires, all definitions and expressions used in these Terms and Conditions shall have the same meaning as the definitions and expressions used in the General Terms & Conditions.
3. The Channel will be provided by StarHub to Customer from 18 October 2019 to the date of the last transmission of the NBA TV HD for exhibition at the Service Address only.
4. The service particulars and the applicable subscription rates payable by Customer in relation to the subscription of the Channel shall be particularised in the Application Form executed by Customer.
5. Unless otherwise permitted by StarHub in writing, Customer shall not exhibit the Channel in public for monetary gains ('Public Screening').
6. The exhibition of the Channel is restricted to the allocated number of Screens as specified in the Application Form. 'Screens' mean all devices or equipment (including but not limited to television screens, projectors and computers) which are capable of exhibiting the Channel.
7. The Channel will be exhibited on StarHub Fibre TV set-top box and StarHub Go only.
8. Customer must not have any outstanding accounts with StarHub at the time of Customer's application for subscription of the Channel.
9. StarHub reserves the right to decline any application for subscription of the Channel for any reason whatsoever.
10. The subscription Charges for the Channel cannot be pro-rated regardless of the actual date of subscription and approval of the Channel by StarHub. All payments made for the Channel shall not be refundable or exchangeable for other benefits-in-kind. There shall be no refunds if the Channel is cancelled.
11. For new subscribers/customers of the Channel who require StarHub to install the set-top boxes at their Service Address, StarHub will endeavor to install such set-top boxes at the Service Address in accordance with StarHub's standard installation lead-times.
12. If the Channel is to be delivered or transmitted over StarHub Fibre TV set-top box, Customer's Service Address (at which the Channel are to be received) must be connected to StarHub's Fibre network.
13. NBA TV HD is bundled free with Sports Premium Package, and NBA TV HD will be offered as an add-on to Sports Premium Package to customers from the commercial sector only.
14. NBA TV HD will be offered as an Ala-Carte channels to customers from the hospitality sector.
15. Hotels and Hospitals
15.1 The subscription Charge for hotels for first screen is $12 (before GST) and $5.40 (before GST) for each subsequent screen which receives or exhibits the channel.
15.2. The subscription Charge for hospitals for first screen is $18 (before GST) and $5 (before GST) for each subsequent screen which receives or exhibits the channel.
16. Commercial Sector
16.1 In respect of Commercial Sector including food & beverage ('F&B') outlets, the subscription Charge for standard screen size (up to 50 inches) for the first screen is $680 (before GST) per channel and $480 (before GST) for each subsequent standard screen which receives or exhibits the channel. Whereas the subscription Charge for each large screen (screen > 50 inches in size) is $1020 (before GST) per channel.
16.2 For the purposes of these Terms and Conditions:
16.2.1 a 'Standard Screen' means a Screen which is 50 inches and below in size, as measured diagonally across such Screen.
16.2.2 a 'Large Screen' means a Screen which is more than 50 inches in size, as measured diagonally across such Screen.
17 Public Screening
Public screening event is not allowed and an application for a commercial public screening license is required if the Channel is to be exhibited with any of the following conditions:
17.1 Sponsoring (including but not limited to brand exposure for third parties) or other association rights.
17.2 The payment of an entry fee collected for the screening of the Channel.
17.3 The generation of revenues or other commercial purposes (including but not limited to the sale of food and beverages).
17.4 For the purposes of these Terms and Conditions.
18 All subscription rates and charges quoted are subject to the prevailing GST.
19 Customer acknowledges that the right to exhibit the contents comprised in the Channel is subject to the terms and conditions of the contract entered between StarHub and licensor for the rights to the contents.
20 Customer represents, warrants and covenants that:
20.1 it shall receive and exhibit the Channel on the allocated number of TV sets/screens located at the Service Address only, as specified in the Application Form executed by Customer;
20.2 it shall exhibit the contents of the Channel in their entirety without any cuts, alterations, deletions, modifications or superimpositions, including all titles, credits, logos and copyright notices;
20.3 it shall not, for any purpose whatsoever, alter, delete, modify, edit, supplement or circumvent any contents of the Channel or any part thereof in any manner whatsoever, including the insertion of crawlers, "squeezes", on-screen identifications or advertisements either immediately before, during or after the exhibition of any of the matches on the Channel;
20.4 it shall not charge any payment or fee (such as admission fee), direct or indirect, for the viewing or exhibition of the Channel at the Service Address;
20.5 it shall not appoint any sponsors or suppliers, or carry out or authorise any sponsorship activities for or in connection with the viewing or exhibition of the Channel, or otherwise permit any commercial brands to be associated with the screening of the Channel or any event at which the viewing or exhibition takes place;
20.6 it shall be responsible (at its own costs) for procuring and maintaining all requisite consents, licenses, permits and rights for the exhibition of the Channel at the Service Address. Without prejudice to the foregoing, Customer shall (at its own costs) clear, obtain and maintain all requisite consents, licenses, permits and/or rights with any third party (including but not limited to music collecting societies) for the exhibition of the Channel at the Service Address
20.7 it shall comply with such terms and conditions as may be imposed by broadcaster and/or StarHub from time to time, including but not limited to StarHub's service specific requirements, rules, regulations, guidelines and policies; and
20.8 it shall comply with and shall not breach nor cause StarHub to breach any requirement, rule, regulation and policy as may be imposed by and/or licensor from time to time in connection with the contents, viewing or exhibition of the Channel.
21 Customer acknowledges and agrees that it shall not undertake or permit the following:
21.1 use any of the official emblems, logos, mascots, trademarks, service marks or any other indicia of the contents of the Channel, whether registered or otherwise; and
21.2 use any of the logos, trademarks and service marks of StarHub, whether registered or otherwise (collectively, the 'StarHub Marks'); in any promotional material, media or otherwise for any purpose whatsoever, without StarHub's prior written consent.
22 StarHub reserves the right to suspend or terminate Customer's subscription to the Channel with immediate effect by giving Customer notice if Customer has breached any of these Terms and Conditions or any provision of the Agreement. Without prejudice to any other provision herein, Customer shall indemnify and hold StarHub harmless against all liabilities, losses, damages, costs and expenses (including legal costs) arising out of any breach by Customer of these Terms and Conditions or any provision of the Agreement.
23 StarHub reserves the right to amend any of these Terms and Conditions without notice. Reception or exhibition of the Channel shall constitute acceptance of these Terms and Conditions and any amendments thereof.