MEDIANET TERMS & CONDITIONS

1.    Definitions
"Agreement" means these Terms and Conditions together with the Application Form, as may be amended from time to time by Medianet;
"Application Form" means this Application Form, which is governed by these Terms and Conditions, which you have entered into with Medianet for the provision of the requested Service;
“Bill” means the monthly invoice sent by Medianet to the Customer stating the amount due for the Service provided for the billable period;
“Charges” means the amount (inclusive of taxes and any other fees or surcharges) payable to Medianet from the Customer for the provision of the service;
"Customer/Subscriber" means you (the person who enters into this Agreement with Medianet for the provision of the Service) and shall also mean (i) the Customer who orders the Service and (ii) belonging to the Customer, as the case may be and as the context so requires. ;
“Customer’s User Information” means all personal identification details of the Customer collected by Medianet in relation to the provision of the Service;
"Intellectual Property Rights" means copyright, patents, trademarks, trade names, service marks, business names, design rights, database rights, semi-conductor topography rights, rights in undisclosed or confidential information and all other intellectual property or similar proprietary rights of whatever nature (whether registered or not and including applications to register or rights to apply for registration) which may now or in the future subsist anywhere in the world;
"Medianet Confidential Information" means all information (whether written or oral) regarding Medianet, it’s Intellectual Property Rights and Service.
“Medianet” means Medianet Private Limited (Company Registration No. C-349/2005); "Registration/Connection Fee" means the fee payable by you pursuant to Clause 3.3 of these Terms and Conditions;
"Service" means the Package selected by the Customer. If the Customer selects to change the package and Medianet permits this, the Service shall be the new package selected by the Customer;
"Terms and Conditions" means the terms and conditions set out herein;
“Third Party Content” means audio, video, data and other media over which Medianet exercises no editorial or programming control; and

2.    Service Provision and Pre-requisites
2.1.    Medianet shall provide the Service which you have selected on the Application Form subject to the provisions of these Terms and Conditions.
2.2.    The Customer must be at least 18 years of age to assume the responsibilities of this Agreement. Minors may use the Service only if one of their parents or legal guardians assumes the responsibilities of this Agreement and thereby assume full responsibility for their use of the Service.

3.    Charges and Payment

3.1    Medianet will offer the sale of top up services for all customers, excluding those with a special arrangement for postpaid services in which case a Bill will be raised on a monthly basis. The Charges are payable by the Customer monthly in advance. If that payment becomes overdue, Medianet may suspend or terminate the Service pursuant to clause 8.
3.2    Medianet reserves the right to make changes to the Charges, such changes to be advertised on Medianet’s website prior to the date of implementation.
3.3    Where applicable, the Registration/Connection Fee (if applicable, considering promotions or other such events) shall be due and payable by the Customer upon the submission of the signed Application Form to Medianet. Starting January 2017, for accounts inactive for more than 60 days a small reconnection fee of MVR 75 will be charged. Viewing Card provided with every STB belongs to Medianet and will be charged for replacement.
3.4    Should the Customer wish to reactivate their subscription following cancellation or termination, the Customer may be charged a reactivation fee.
3.5    If the Customer is subscribing under a promotional subscription fee, additional restrictions may apply in accordance with additional terms and conditions.
3.6    The Charges do not include any services, features or functionality other than those provided under the Medianet Service subscribed to by the Customer.
3.7    If the Customer does not pay a Bill (for postpaid Customers) by the due date stated on the invoice or bill, Medianet shall have the right at its discretion and without notice to the Customer to: (i) transfer the unpaid invoiced amount to the account of any other service(s) provided to the Customer by Medianet, and the Customer will be liable to pay all Charges on any Bill issued by Medianet for such service(s) by the due date; and (b) deduct the unpaid invoiced amount from any payment or credit due to the Customer by Medianet under this Agreement or any other agreement for services(s) provided by Medianet to the Customer. The rights in this clause are in addition to any other rights that Medianet has under these Terms and Conditions, including the right to suspend or terminate the Service in accordance with Clause 8 or any other service provided by Medianet.
3.8    Once a payment has been made for the monthly subscription it will be non-refundable. If an additional payment has been made to activate an Extra (Add-On Package) the following day or any day after subscribing for the Base Package, the date of disconnection would still be 30 days after subscription to the Base Package.

4.    Provision of Information to Medianet
4.1.    The Customer agrees to provide true, accurate, complete and up-to-date information to Medianet as requested on the Application Form, including but not limited to the Customer’s name, address and date of birth, and other necessary details upon any subsequent reasonable request made by Medianet from time to time.
4.2.    The Customer will promptly notify Medianet of any changes in the information provided under clause
4.3.     above during the currency of this Agreement.
4.4.    Medianet reserves the right to terminate the Service if the Customer has given Medianet inaccurate or incomplete information. Medianet respects the privacy of the Customer’s User Information and will not disclose any of the Customer’s User Information except as permitted by Medianet’s Privacy Policy or unless Medianet is legally required to disclose such information to the relevant authorities.
4.5.    Medianet may retain the Customer’s personal data provided pursuant to this clause or otherwise in accordance with these Terms and Conditions, and the Customer authorizes Medianet to use such personal data in order to: (i) provide the Service; (ii) maintain a record for a reasonable period of time following termination of this Agreement and (iii) otherwise disclose or use such data in order to comply with Medianet’s legal obligations.

5.    Changes to the Service
5.1.    Medianet may at its discretion and from time-to-time change, add, or remove features and functionality of the Service without notice. If the Customer is dissatisfied with any such changes to the Service, the Customer may immediately cancel their use of the Service in accordance with the procedure set out in Clause 8 below.
5.2.    Medianet reserves the right to discontinue one, some, or all of the features of the Service the Customer receive at any time.
5.3.    Medianet may at its discretion discontinue the provision of updates to certain features depending on compliance. This means that whilst certain Services may receive continued updates and functionality, Medianet is not required to provide such updates to the Customer’s Service.
5.4.    The level of service Medianet provides may not be the same for every customer; as some Services may support different features and functionality. Medianet is under no obligation to provide all features and functionality to the Customer’s Service. The Service is not available outside of the Maldives and in regions where the service is not provided by Medianet at any given time.

6.    Copyright
6.1.    Third Party Content is protected by copyright law and other applicable laws
6.2.    Programming is not under Medianet's control; certain providers may restrict or limit the ability to record, display, view or transfer particular programmes by using a variety of copy protection mechanisms and content providers may restrict or revoke access to their content at any time.
6.3.    Medianet is not responsible for and has no editorial control over any Third-Party Content and Medianet has no control over the distribution of such content. Medianet accepts no liability in relation to any Third-Party Content.
6.4.    Medianet is not responsible for any content or display on screen may it be political, sexual or potentially offensive or immoral.
6.5.    The Customer must not copy, distribute copies, show in public, rebroadcast or relay any part of the programmes provided to the Customer as part of the Service. The Customer may only strictly use the Service for private use and it must not be used for commercial purposes or be accessible by the general public or in a communal viewing area accessible to the General Public.
6.6.    In the event that the Customer is identified as the source of any illegal copying or that the Service is being used for reception of programming which is not authorised to the Customer under the Service, Medianet reserves the right to without notice, (i) suspend and/or terminate this Agreement, and (ii) provide the Customer’s details to any owner/licensor of copyright in the illegally copied programme and/or the relevant authorities for the purpose of prosecution/investigation of such an offence.
6.7.    Medianet may disable or alter some functions of the Service to prevent any infringing acts.
6.8.    Any breaches of Clause 6 may infringe the copyright of third parties and the Customer will be responsible for any claims made against Medianet for losses suffered as a result of actual or claimed copyright infringement committed by the Customer or any other person using the Equipment sold to the Customer, and the Customer hereby agrees to fully indemnify Medianet for any such losses suffered due to such claims and/or infringement.

7.    Advertising and Promotions
7.1.    Medianet reserves the right to send content or broadcast (including advertising and promotional material) as part of service.

8.    Termination of Service
8.1.    The Customer may terminate this Agreement, and the Customer’s right to use the Service, at any time and for any reason, by submitting an official termination request to the front office of Medianet.
8.2.    Medianet may unconditionally terminate this Service by giving prior notice to the Customer.
8.3.    Medianet reserves the right to immediately suspend or terminate the Service, and terminate this Agreement, if the Customer breaches any provision in this Agreement, fails to pay a Bill (if you are a postpaid customer) on time, fails to comply with any reasonable instructions relating to the Service, misuses the Service, and/or uses the Service in such a manner as to infringe upon the Intellectual Property Rights of Medianet or any third party, uses the Service for more than a single unit and/or uses the Service for a commercial purpose or to generate any profit.
8.4.    Upon termination, Medianet will send the Customer a Bill for all monthly Charges which are due and which have not yet been billed by Medianet prior to termination of the Service. This Bill will include any Charges which are outstanding at the date of termination. If the Customer has paid a monthly Charge in advance of the date of termination the Customer will not receive a refund in respect of that unexpired part of the relevant month for which has already been paid. The Customer agrees to pay this Bill on or before the date upon which payment is required.
8.5.    Medianet may also suspend the Service with immediate effect where: (i) it is necessary in order to carry out any maintenance or repair to the Service; (ii) the relevant government authorities within the Republic of Maldives or elsewhere require Medianet to suspend the Service for whatever reason; or (iii) Medianet has good reason to suspect that the Customer is in breach of any part of this Agreement.
8.6.    None of the rights which either Medianet or the Customer have accrued as a result of these Terms and Conditions prior to the date of termination shall be lost or otherwise affected following termination. The rights with regards to the use, disclosure and retention of Customer User Information shall be in accordance with the provisions of these Terms and Conditions.

9.    Liability and Indemnity
9.1.    Medianet will not be liable for failure to provide the Service caused by events outside Medianet’s reasonable control.
9.2.    Medianet shall not have any liability to the Customer in respect of the Customer’s use of the Service which is not in accordance with these Terms and Conditions.
9.3.    Medianet shall not be liable to the Customer, whether in contract, tort or otherwise arising out of this contract for: (i) any loss of profits, revenue, anticipated savings, loss or corruption of data, loss of contract or opportunity or loss of goodwill; or (ii) any indirect or consequential loss of whatever nature, which could be described as indirect or consequential and whether or not reasonably foreseeable, or reasonably contemplatable, or actually contemplated by the parties at the time of the commencement of the Service
9.4.    If Medianet shall be liable to the Customer in contract, tort, under statute or otherwise, Medianet’s liability shall be limited to the equivalent cost of one (1) month’s Charge for the subscribed package.
9.5.    The Customer agrees to indemnify, defend and hold Medianet harmless absolutely from and against all costs, losses, claims, damages and expenses (including without limitation any legal costs) of any kind whatsoever, whether foreseeable or not, that may be suffered by Medianet as a result of the Customer’s use of the Service (or anyone using the Service with the Customer’s permission), which are brought or threatened against Medianet by a third party where the Customer is at fault.

10.    Title to Software and Intellectual Property Rights
10.1.    The Equipment will contain certain software to enable the Customer to use or have full access to certain features of the Service.
10.2.    Medianet retains title to and ownership of all the software and hardware for the Service and certain Intellectual Property Rights in the Service and nothing in these Terms and Conditions shall operate as a transfer or licence to the Customer of the same. The Customer agrees not to do anything to limit, interfere with, or otherwise jeopardize in any manner such rights, title and interest.
10.3.    Medianet also retains ownership of all Medianet Intellectual Property Rights. In the case of third-party software delivered by Medianet to the Service, the applicable third party retains title to and ownership of its software, copyrights and trademarks.
10.4.    Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, reproduce, copy, distribute or use for other purposes either the Service or its software is strictly prohibited and will warrant immediate termination of this Agreement.

11.    Warranties Disclaimer
11.1.    Medianet cannot guarantee that the Service will be free from faults and interruptions which arise from factors which are outside Medianet’s control, whether as a result of network performance, third party interference or otherwise. The Customer accepts that they may not be able to receive the Service where certain technical restrictions arise, although Medianet shall use reasonable endeavors to keep any disruption to the provision of the Service in such circumstances to a minimum.
11.2.    The Customer understands and agree that the Service is provided on an “as is” and “as available” basis. Medianet makes no warranty that Medianet service will meet the Customer’s requirements, allow the Customer to record, view or transfer any particular programming or that use of the Service will be uninterrupted, timely, secure, or error-free, nor does Medianet make any warranty as to the accuracy or reliability of any information which is obtained through the Service (including third party content).
11.3.    Medianet does not warrant that data and content provided through the Service will be free of errors or other such minor components. Medianet shall not be liable for any damages to, or damages that may happen to the Customer’s Equipment and its software or any other hardware.

12.    Protection of Personal Information
12.1.    The Customer acknowledges and expressly agrees to Medianet collecting personal information about the Customer. Such information may be collected from the Customer and others or generated within Medianet’s Network when the Customer or anyone else uses the Service or any other service provided by Medianet.
12.2.    The Customer acknowledges and expressly consents to Medianet using the Customer’s information for any lawful purpose including providing the Customer with the Service, account management, billing, debt collection, credit assessments, directory purposes, market research, customer profiling, product and service development, marketing and customer care.
12.3.    The Customer’s information may be retained for a reasonable period of time in a secure environment. The Customer acknowledges that calls to Medianet’s Call Centre may be recorded for training and quality control purposes.
12.4.    The Customer acknowledges and expressly consents to Medianet disclosing the Customer’s information to third parties (such as to Medianet’s agents, credit agents and other carriers) for purposes including credit referencing, fraud detection and prevention, debt collection, investigating insurance claims, directory purposes, for any reason required by law.
12.5.    The Customer may ask to see their account information and any other information that Medianet holds about the Customer and ask for any details that are wrong to be corrected. Medianet reserves the right to refuse such a request where Medianet is unable to verify that the person requesting the information is in fact the Customer on record or a person authorized by the Customer. Medianet shall not be liable for the disclosure or non-disclosure of such information or for any inaccuracy or lack of complete- ness of any information disclosed.
12.6.    The Customer agrees that Medianet may contact any person or reference provided by the Customer to verify the accuracy of the Customer’s account details. The Customer acknowledges that Medianet, or its agents, may from time to time contact them by post, telephone, in person, email, text message or message via Medianet Network regarding details of promotions, competitions, upcoming events, news or our other products and services. The Customer hereby expressly consent to such contact.

13.    Resolving disputes and complaints
13.1.    If the Customer has a complaint or dispute regarding Medianet’s service the Customer may avail of Media net’s formal complaints procedure by calling the Medianet Call Centre on 332 0800 or by sending an email to: support@medianet.mv

14.    Miscellaneous provisions
14.1.    Medianet reserves the right to amend these Terms and Conditions at any time. If Medianet does make any amendments it will inform you of such changes either by posting the changes on its website at www.medianet.mv or by other means as Medianet sees fit. The Customer agrees that their continued use of the Service after any such amendments to the Terms and Conditions shall be evidence of intention to be bound by the Terms and Conditions as amended.
14.2.    This Agreement together with all documents which are referred to in the Terms and Conditions represent the entire agreement between Medianet and the Customer and they supersede all prior agreements between the parties.
14.3.    The laws of the Republic of Maldives apply to this Agreement. Both parties shall submit to the jurisdiction of the Maldivian courts of law.
14.4.    Medianet will not be responsible for its failure to perform all or any of its duties arising under these Terms and Conditions where any event beyond its reasonable control occurs. Such events include but are not limited to acts of God, fire, acts of terrorism, war, civil commotion, embargo, labour dispute, power failure, acts of government or regulatory authorities or failure of third-party telecommunications systems which impact upon Medianet’s ability to provide the Service.
14.5.    If any part of these Terms and Conditions becomes to any extent illegal, invalid or unenforceable, it shall to that extent be deemed to no longer form part of these Terms and Conditions. This will not affect the legality, validity or enforceability of any of the remaining Terms and Conditions which shall continue in force.
14.6.    The Customer may not assign or otherwise dispose of any of their rights or obligations under this Agreement without Medianet’s prior written consent.

15.    Service & Repair Policy
15.1.    Service and Repair Policy for Digital Setup Box: A limited warranty is provided by Medianet Pvt Ltd (“Medianet”) to customers who purchase a digital setup box (“STB”) from Medianet or from one of its authorized resellers
15.2.    Limited Warranty: Subject to limitations below, Medianet warrants to the Customer that the STB shall be free from defects in workmanship and materials, under normal use, for six (6) months from the date of purchase. Medianet will provide any required software changes or updates within the duration of the warranty free of charge. Medianets' sole obligation under this warranty shall be, at Medianets' option and expense, to replace or repair the STB. Medianet warrants any replaced or repaired STB through to the end of the original six (6) months warranty period.
15.3.    Warranties Exclusive: Medianet shall not be liable under this warranty if a defect or malfunction of the STB was caused by Customer or any third party’s misuse, neglect, improper installation or testing, unauthorized attempts to open, repair, or modify the STB, or any other cause beyond the range of intended use, or by accident, fire, lightning, power cuts, surges or outages, other hazards, or acts of god. This warranty does not cover physical damage to the surface of the digital box. This warranty does not apply where the malfunction results from the use of the STB in conjunction with non-authorized third-party accessories, other products, or ancillary or peripheral equipment and where Medianet determines that there is no fault with the product itself.
15.4.    Non-Warranty Service: If the Customer requires any service and the STB is not covered by this warranty, the Customer shall call Medianet Call Centre (960 332 0800) to be directed to arrange for repair or replacement of the STB. The Customer shall be charged accordingly for such non-warranty service under this clause.
15.5.    Limitation of Liability: Medianet limits its liability hereunder to replacement or repair of the STB, at Medianets' sole option in accordance with the applicable provisions of this Agreement.
16.    Technical requirements
16.1.    Where an amplifier required for the service provision, the customer will be responsible for facilitating an electric outlet

17.    Optical Network Terminal (ONT)
17.1.    If an Optical Network Terminal (ONT) is required for connection, Medianet will install the ONT, and shall remain as a property of Medianet.
17.2.    A replacement charge of MVR 750.00 will be chargeable to the customer on replacement of the ONT for any physical damages caused at the at customer’s premises.
17.3.    Medianet has the right to collect the ONT, if the customer decides to permanently disconnect Medianet service or if the customer’s subscription remains inactive for more than 90 days.
17.4.    An SSID (a local wifi network in the name of “Medianet” will be set on each ONT to provide customers with free bandwidth to use Medianet’s Multi-Screen service. If customer wish to block this service, customer is required to make full payment for the Optical Network Terminal

18.    Auto Renewal
18.1.    Your Medianet subscription will automatically renew every 30 days, starting from the end of your current subscription and will contnue until you cancel the subscription before the next month's charge.
18.2.    You will be charged the same amount for your renewal every month as the current subscription, unless any change has been made to it.
18.3.    Automatic subscription renewal charges are not refundable. However, if you cancel the subscription before it expires, you will still have access to Medianet's services until the end of your current subscription period.
18.4.    We will be attempting to deduct the subscription amount 24 hours prior to disconnection
18.5.    In the event that there is a remaining balance on your account, only the difference will be charged.