I. END USER LICENSE AGREEMENT  

This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you, either an individual or a single entity, and Vietnam Satellite Digital Television Company Limited (“VSTV” or “K+”) regarding your use of the K+ application software (“Software”) which includes providing online streaming service offering a selection of digital content such as movies, television shows, sporting events, new events, documentaries, video clips, trailers, and other audiovisual content (collectively, the “Content”).

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SOFTWARE. BY PRESSING THE "REGISTER" BUTTON, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE.

IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.
 

1. License Grant: Subject to the terms of this Agreement, K+ grants to you a non-exclusive, non-transferable and non-sub licensable license and right to install, access, download and use the Software for your personal, non-commercial use to view the Content provided by K+. The rights granted under the terms of this EULA include any software upgrades that replace and/or supplement the original Software. K+ reserves the right, from time to time, with or without notice to you, to change and/or replace the terms of this EULA in our sole and absolute discretion (collectively, “Modifications”). You acknowledge that the term “Agreement” or “EULA” includes such Amendments.

2. License Restrictions:  The terms set forth in this section shall constitute conditions to the licenses granted in this Agreement, you shall not: 

1. i. Rent, sell, assign, publish, disseminate, distribute, display, modify, loan, sublicense or otherwise make available the Software and Content to any third party, in whole or in part;
2. ii. Copy, alter, translate, modify, change, or create any derivative works or improvements of the Software or the Content;
3. iii. Modify (even to enhance or improve), reverse engineer, decompile, disassemble, decode, extract data from, or in any way derive the source code of any provided Software object code and the Content;
4. iv. Use the Software and Content, or allow the Software and Content to be used, for any commercial use, for profit, for the operation of a business or service, for any third-party’s benefit, or for the purpose of developing, enhancing or marketing any product, function or operation;
5. v. Engage in any misuse, unauthorized use, or misappropriated use of the Software and Content in a manner so as to breach the restrictions recited herein;
6. vi. Take any action that infringes on the proprietary or intellectual property rights of K+ or any third-party’s software or content provider; and
7. vii. Remove any proprietary notice from the Software, Content and any documentation, whether the notice be for K+ or a third-party.

3. Reservation of Rights: The Software contains material that is protected by copyright, trademark, and other applicable intellectual property laws and international treaties. The Software is licensed, not sold or given, to you by K+ for use only under the terms of this EULA. You have no ownership rights in or to any part of the Software and Content and may not modify, copy or use the Software and Content in any manner without the express written authorization of K+. K+ reserves and retains all remaining rights and interests in the Software, Content, and all intellectual property therein or relating thereto that is not granted to you in this EULA.
 
4. Third-party Software: The Software is proprietary to K+, but may contain software programs that K+ has licensed from a third-party. The term “Software” shall also include such third-party software unless this EULA of the Software states otherwise, and all terms, conditions and restrictions set forth in this EULA for Software shall apply to such third-party software.
 
5. Third-party Content: The Content may also include content that K+ has licensed from a third-party, and that may be proprietary to the third-party. The term “Content” shall also include such third-party content. Such third-party Content is subject to all terms, conditions and restrictions set forth in this EULA for Content.
 
6. Modifications/Developments/Updates: K+ reserves the right, in its sole discretion, to change the Software from time to time and to provide to you new versions or releases of the Software automatically, at any time, which may include bug fixes, error corrections, modifications, improvements, enhancements, derivative works or updates to the Software (collectively, “Modifications”). If you fail to download the Modification, you may not be able to use or access the Software. K+ has the right, without notice, to change or discontinue certain aspects, components, functions, operations, capabilities, applications or features of the Software. You acknowledge that the term “Software” includes such Modifications and the Modifications are subject to all terms and conditions of this EULA.
 
7. Privacy: The Software may provide K+ with information regarding how you use the Software, including which Content you view, your internet connection, information about the equipment you use to access the Software (device, operating system, and internet conductivity), a unique identifier or information about your location, and your interaction with the Software. All information K+ collects through or in connection with this EULA is subject to our privacy policy. By tapping on “Register” button, downloading, installing, or using the Software, you agree to receive all information relating to K+ products, services via the provided telephone number (calls and SMSs) and/or email address, and consent to all actions taken by us with respect to your information in compliance with the privacy policy published by K+ from time to time.
 
8. Termination: This EULA is effective until terminated by you or K+. You may terminate this EULA by ceasing all use of the Software and deleting the Software and any copies of the Software on your computers and devices. This EULA will terminate automatically without notice if you fail to comply with the Agreement. If K+ becomes aware of any possible violation by you of any provision of the Agreement, K+ reserves the right to investigate such violation. If, as a result of such investigation, K+ believes that criminal activity has occurred, K+ reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities.
 
9. Warranty: This Software is provided “AS IS”. You bear the risk of using it. K+ gives no express warranties, guarantees or conditions. To the extent permitted under applicable laws, K+ excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
 
10. Limitation on damages: In no event shall K+ be liable to any party for direct, indirect, special or other consequential or incidental damages arising directly or indirectly from the use of the Software, on any legal theory, including but not limited to any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if K+ has been expressly advised of the possibility of such damages.
 
11. Governing Law: The laws of Vietnam govern all matters arising out of this Agreement.

II. GENERAL TERMS AND CONDITIONS OF THE CONTRACT FOR SUPPLY AND USE OF INTERNET-BASED PAY TV SERVICES

(applicable to individual customers not using set-top-boxes)

(Applicable as from 21 November 2017)

After having filled in all information in the Customer Information and pressing “Register” button, by paying subscription fee, the Customer agrees to enter into with Vietnam Satellite Digital Television Company Limited (VSTV/K+) the Contract for supply and use of Internet-based Pay TV services including these General Terms and Conditions with the following stipulations:

ARTICLE 1: DEFINITIONS

1.1 “Contract” shall mean the Contract for supply and use of Internet-based Pay-TV services (without using set-of-boxes) between the Customer and VSTV, including the Customer Information Sheet and the General Terms and Conditions;

1.2 “VSTV” or “K+” shall mean Vietnam Satellite Digital Television Company Limited;

1.3 “Customer” shall mean any individual who registers to use the Services, having his/her information given in the Customer Information Sheet;

1.4 “Parties” shall mean Customer and VSTV;

1.5 “Party” shall mean Customer or VSTV as the case may be;

1.6 “Customer Information Sheet” shall mean the information sheet filled in by the Customer as requested by VSTV to register to use the Services and which may be amended from time to time;

1.7 “General Terms and Conditions” shall mean these General Terms and Conditions;

1.8 “Services” shall mean Internet-based Pay-TV services provided by VSTV to its Customer under the Contract by providing TV channels, TV programs to Customer for viewing;

1.9 “Subscription Package” shall mean the Services package chosen and paid for by the Customer;

1.10 “Subscription Fee” shall mean the fee amount payable by the Customer to VSTV to use the Services, which is determined by the price list applied by VSTV at the time of payment and the Term of the relevant Subscription Package;

1.11 “Customer Account” shall mean the account registered by the Customer for the purpose of using the Services;

1.12 “Term” shall mean the corresponding term of the Subscription Package selected and paid for by the Customer;

1.13 “Activation Date” shall mean the starting date on which the Customer is provided with the Services upon completion of the Customer’s choice of, and payment for, the Subscription Package.

 

ARTICLE 2: SCOPE OF THE CONTRACT

2.1 Under this Contract, VSTV provides the Customer with the Services during the Term corresponding with the Subscription Package and the Subscription Fee already paid by the Customer.

2.2 VSTV shall ensure the quality of the Services provided to the Customer in compliance with the laws on management of quality of broadcasting services.

2.3 The Services may be used via the browsers/applications on the Customer’s Internet-connected PC, laptop, tablets or smartphones as guided by VSTV to the Customer from time to time.

2.4 The Customers shall only use the Services to watch the channels, programs of the Subscription Package in the territory of the Socialist Republic of Vietnam.

ARTICLE 3: TERM, RENEWAL, UPGRADING OF SUBSCRIPTION PACKAGE

3.1 Term of the Subscription Package

The Term of the Subscription Pacakge shall start from the Activation Date.

3.2 Term Expiry and Renewal

   Upon the expiry of the Term, if the Customer does not renew the Subscription Package before its expiry date, the Subscription Package shall automatically terminate on that expiry date.

   If the Customer wishes to renew the Subscription Pacakge, the Customer may choose a Subscription Package among VSTV’s subscription packages available on the date of renewal. The Subscription Package tariff shall be the one applicable on the date of renewal. The terms and conditions of the Contract (except the specific information on the renewed Subscription Package, its price and term) shall apply to the renewal term.

   The renewal term shall start from (i) the expiry date of the current Subscription Package’s term in case the current Subscription Package’s term has not ended; or (ii) the date of renewal in case the Customer renews the Subscription after the expiry date of the current Subscription Package’s term. 

3.3 Upgrading the Subscription Package

   Subject to Customer’s payment of the additional fees for the upgraded time period which is calculated, based on the tariff applied by VSTV on the date of upgrading and subject to VSTV’s applicable upgrading policy, during the Term or any renewal term (if any), the Customer may request to upgrade the Customer’s Subsciption Package to a higher level of Subscription Package of VSTV.

ARTICLE 4: SUBSCRIPTION FEE

4.1 The Subscription Fee shall be the fee applied by VSTV on the date of selection and payment by the Customer for the use of the Subscription Package. The current Subscription Fee levels are made available to the Customer and published on VSTV’s website.

4.2 The Customer agrees to use VSTV’s Services under the form of pre-paid subscription, by scratch cards or by bank transfer to VSTV’s account or other methods as applied by VSTV at the payment time (of which VSTV will inform the Customer). The Subscription Fee shall not be refunded in case the Services are suspended, terminated due to the Customer’s breach of this Contract.

ARTICLE 5: RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1 VSTV shall:

a. Provide the Customer with the Services as agreed in the Contract;

b. Be liable to explain, provide the Customer with instructions on the Subscription Fee and how to use the Services provided by VSTV under the Contract;

c. Be entitled to check, periodically or extraordinarily, the use of the Subscription Package in compliance with this Contract;

d. Be entitled to cease its supply of the Services’ signal to the Customer as requested by law and/or in case of any breach by the Customer of this Contract provided that it gives a notice to the Customer of at least three (3) working days before the date of cessation of supply of the Services’ signal. However, in case of Force Majeure or in case the Customer breaches her/his obligations mentioned in Articles 5.2(c), 5.2(d) or 5.2(e), VSTV may immediately cease the supply of the Services’ signal to the Customer and will give notice thereof to the Customer;

e. VSTV may change programs, program channels in the following cases: (i) there is a content causing adverse effects to public security, politics, social order and safety and Vietnamese habits and customs; (ii) upon Vietnamese competent authorities’ request; (iii) it cannot acquire rights because of content providers’ refusal, (iv) the channel, or the program in question ceases to exist, or (vi) in accordance with the laws of Vietnam;

f. VSTV shall take no responsibility in case where (i) the Customer fails to comply with the rules on using the equipment, the browser/application which causes the Services to be interrupted or unable to be used, or (ii) the Customer has no/no longer has equipment and/or Internet transmission line or the equipment and/or Internet transmission line of the Customer fails to meet the quality, compatibility as recommended by VSTV which affects the quality and use of the Services. The rules and recommendations on use of equipment, and browser/application are published on VSTV’s website;

g. Be responsible to ensure the safety and confidentiality of the Custmer’s information when in use of the Services except in case of receipt of a request from competent State authorities. In case of collection, use and transfer of the Customer’s information, VSTV shall clearly and publicly give notice, before implementation, of the purposes of the collection and use of the Customer’s information, and shall use the information in compliance with such notified purposes agreed by the Customer, ensure safety, accuracy and completeness when collecting, using and transferring the Customer’s information, update itself, or make available means permitting the Customer to update and adjust, the information upon being aware of the inaccuracy of the information, and may only transfer the Customer’s information to a third party with the Customer’s consent, unless otherwise provided by law or by the Contract;

h. VSTV may, by itself or via its distribution network or suppliers, use the information provided by the Customer for the purpose of customer management;

i. Any modifications to the General Terms and Conditions shall be implemented by the Parties upon being approved by the State competent authorities. VSTV shall notify the Customer of any such modifications by sending an email to the Customer and via VSTV’s website;

j. Be responsible to receive and deal with the Customer’s claims in accordance with the procedures for handing claims published on VSTV’s website. VSTV will do its best efforts to handle the claims within seven (7) working days and in any circumstances within twenty (20) working days following receipt of such claims.

5.2 The Customer:

a. Have the Services provided to it in accordance with the Contract;

b. Be explained and provided with instructions on the Subscription Fee, how to use the Services;

c. Only use the Customer Account to watch the TV channels, TV programs of the Subscription Package within the territory of the Socialist Republic of Vietnam;

d. Strictly comply with the rules on using the browser/application permitted to use the Services. The Customer shall make sure that his/her equipment and Internet connection are compatibible for the use of the Services;

e. The Customer shall only use the Services for the individual TV watching purpose. The Customer shall not take, in whole or in part, the information and/or any other element of the channels, or programs of the Subscription Package for any other purposes, including without limitation the purpose of doing business, re-broadcasting in public areas, production, duplication, publication on internet, re-broadcasting or re-distribution in whatsoever manner;

f. Unless it is otherwise agreed in the Contract or otherwise agreed in writing by the Parties or otherwise provided by law, the Contract shall not be early terminated before the expiry of the Contract term or any of its renewal terms (if any).

ARTICLE 6: GENERAL PROVISIONS

6.1 The defaulting Party shall compensate the other Party for all actual losses and damage in accordance with the laws of Vietnam. The Parties shall be exempted from their liability in case of a Force Majeure event as follows: bad weather, disaster, war, failure of satellite, problem in the signal transmission line and other objective events which are beyond the control of the Parties, not attributable to the Parties’s faults, unpreditable and irremediable  in compliance with Vietnamese law. 

6.2 Each Party shall be entitled to claim, sue the other Party in accordance with the laws of Vietnam if such other Party breaches its obligations under the Contract. If the Customer breaches the provisions of Article 5.2(c), 5.2(d) or Article 5.2(e) of the General Terms and Conditions, VSTV shall be entitled to unilaterally terminate this Contract.

6.3 This Contract shall be governed by Vietnamese law. In case of any dispute, the Parties shall try their bests to discuss and negotiate in good faith. If the Parties fail to reach an agreement, a Party may refer the dispute to the Vietnamese competent authorities for settlement.

6.4 The Contract shall take effect as from the time of agreement by the Customer to enter into the Contract by clicking the button “Register” on the screen displaying the Customer Information Sheet. VSTV shall ensure the sending of one (1) copy of these General Terms and Conditions to the Customer.