IPTV STANDARD TERMS AND CONDITIONS - CANADA
 

PARTIES. The agreement is made between ABS CBN Canada ULC (“ABS-CBN”) and the individuals or corporations whose details are provided (the “Subscriber”) in the IPTV Subscription Application Form (the “SAF”). The SAF and these Standard IPTV Terms and Conditions are collectively referred to as the “Agreement”. The Subscriber acknowledges and represents that he/she, or in case of an entity or corporation, its authorized representative, has read and understands this Agreement, is of the age of majority in his/her province/territory of residence, and competent to enter into the Agreement, has the authority to use the credit card(s) or bank account provided for billing and deposit purposes, agrees to be bound by the Agreement, and further agrees that other members of the Subscriber’s household, corporation or entity agree to be bound by the Agreement, as it may be amended by ABS-CBN from time to time, in its sole discretion. The Subscriber hereby acknowledges that the signature on the SAF constitutes Subscriber’s acceptance of this Agreement.
 
SERVICE AND SET TOP BOXES (“STBs”).  To enable the Subscriber to receive the signal of the Filipino-language audio-visual programming services (the “Service”) which is delivered via Internet protocol television (“IPTV”), ABS-CBN shall provide the Subscriber one or more STBs.  One STB is needed for each screen to be used to receive the Service.  The Service shall include scheduled or on-demand programming on one or more channels as set out in the package description selected by the Subscriber on the SAF, for the applicable monthly charge (the “Monthly Subscription Fee”).  The Subscriber may also choose to receive pay-per-view movies, content or programs, video-on-demand programming and other products and services for amounts identified as “Other Service Charges”.
 
STB OWNERSHIP AND RETURNS.   The STB(s) shall be installed by the Subscriber following directions provided by ABS-CBN and kept at the premises of the Subscriber as indicated in the SAF (the “Subscriber Premises”). STBs shall not be moved from the Subscriber Premises, nor used to receive any programming or service, other than the Service, nor for any purpose other than expressly permitted by this Agreement, without the prior written consent of ABS-CBN.  The mere possession of an STB does not give Subscriber the right to receive the Service unless the STB is activated and Subscriber has paid and continues to pay the appropriate Monthly Subscription Fee and applicable Other Service Charges.
 
STBs are and shall remain property of ABS-CBN, during the term of this Agreement and after its expiration or termination.  The Subscriber shall not purchase an STB or be charged the cost of an STB.  However, Subscriber may be required to pay the costs for shipping, delivery, activation and installation (if applicable) of the STB, as indicated in the SAF.  For some promotions, such fees may be waived by ABS-CBN in its sole discretion.  ABS-CBN reserves the right to require the Subscriber to return the STB(s) to ABS-CBN in the same working condition as when it was received, normal wear and tear excepted, after this Agreement is cancelled, terminated or expires and Subscriber shall use the return postage pre-paid mailing label that will be provided by ABS-CBN to return the STB(s) to the location chosen by ABS-CBN.  Depending on the circumstances of the cancellation, termination or expiration, certain Other Fees may apply (see below).
 
STB WARRANTY, RETURN OF DAMAGED OR DEFECTIVE STBs.  If any STB becomes defective, the Subscriber shall notify ABS-CBN promptly by calling our 24/7 Toll-Free Hotline at 1-855-832-2632.  ABS-CBN, at its sole option, will repair or replace a defective STB, free of charge, provided that it has been used in accordance with operating instructions and guidelines provided with the STB or as ABS-CBN may advise the Subscriber from time to time, and has not been mishandled or altered in any way or used for any purpose not expressly permitted by this Agreement.
 
If a damaged or defective STB qualifies for replacement, the Subscriber may be required by ABS-CBN, at its sole option, to return it to ABS-CBN and ABS-CBN shall send the Subscriber a return label, postage prepaid, to be used by Subscriber for the return of the STB to ABS-CBN.  Costs of transporting the replacement STB to and from the offices of ABS-CBN shall be borne by ABS-CBN.  If a Subscriber fails or refuses to return a damaged or defective STB(s), certain Other Fees may apply (see below).
 
CARE AND USE OF STB.  The Subscriber shall at all times observe proper care and maintenance of the STB and shall ensure that the requirements for the STB’s use, storage and maintenance as provided in the guidelines distributed with the STB or as ABS-CBN may advise the Subscriber from time to time, are properly complied with. The Subscriber shall not, under any circumstances, alter, tamper with, disassemble the STB, reproduce or allow the reproduction of any of the technology included therein, or take any other action which would constitute piracy or any infringement of the intellectual property rights of ABS-CBN or any third party, or assist in piracy or any infringement of the intellectual property rights of ABS-CBN or any third party, or other unauthorized reception of the Service.  Any repair or maintenance of the STB shall be performed only by the manufacturer or by a service provider authorized by ABS-CBN to perform such maintenance.
 
UNAUTHORIZED USE OF STB.  The Subscriber shall not, under any circumstance, sell, transfer, assign, rent, dispose or otherwise use the STB other than as contemplated under this Agreement.
 
SUBSCRIPTION PERIOD; MONTHLY SUBSCRIPTION FEES; OTHER SERVICE CHARGES.  The minimum initial subscription period for new subscribers shall be one (1) year from the date of the activation of the STB (“Initial Term”).  The Subscriber may request the activation of the STB through:  (a) an authorized ABS-CBN dealer;  (b) ABS-CBN’s Call Center; (c) ABS-CBN’s automated interactive voice response system (“IVR”); or (d) Automatic Activation (as defined below). If not activated sooner, the STB shall be automatically activated within eight (8) calendar days of Subscriber’s receipt of the STB (an “Automatic Activation”).  The activation date of the STB shall be the date when the Subscriber requests the STB to be activated through any of the means provided in (a), (b) or (c) above, or the date of Automatic Activation, whichever comes first (“Activation Date”). The Subscriber shall be charged the Activation Fee indicated in the SAF, unless waived by ABS-CBN in its sole discretion or otherwise included in a specific promotion or offering by ABS-CBN.
 
During the Initial Term: (1)  the Monthly Subscription Fees and any Other Service Charges shall be fixed at the rate(s) specified by ABS-CBN at the time the Subscriber completes the SAF based on the number of STBs and package(s) chosen by the Subscriber (the “Initial Package”); (2)  the Subscriber may make changes to that package (“Switching”) by calling the Call Center, provided the Initial Term is maintained; (3) however the Subscriber may not change to a package with a lower Monthly Subscription Fee (a “Downgrade”).  The Subscriber can Switch packages only once in each month and the requested changes shall take effect within twenty-four (24) hours from the time the request is made.  Switching becomes available at the 1st day of each month.  After the Initial Term, the subscription shall continue on a month to month basis until terminated or cancelled as provided for in this Agreement.
 
Other Service Charges shall also apply, reflecting pay-per-view choices and other programs and services selected by the Subscriber on the SAF or during the term of this Agreement, at the applicable charges.
 
OTHER FEES.  In addition to Monthly Service Fees and Other Service Charges, certain “Other Fees” may apply in particular circumstances.  The Subscriber shall be liable to pay such Other Fee upon receiving notice from ABS-CBN that ABS-CBN has, in its sole discretion, determined that the circumstances described below apply.  The amount of each Other Fee is subject to change annually:
 

Other Fee Description of circumstances when payable by Subscriber Amount
Dishonor Fee Payable by Subscriber if his/her payment (credit card or check) is dishonored by the applicable bank, and a fee is charged to ABS-CBN in connection with such dishonored payment. $40.00
Early Termination Fee - Payable by Subscriber who cancels his/her Subscription and this Agreement prior to the end of the Initial Term (other than where cancellation occurs before the STB is activated or up to 30 days from the Activation Date). 
- Payable by Subscriber if ABS-CBN terminates this Agreement prior to the end of the Initial Term, because of an Event of Non-Payment (defined below).
- Payable by Subscriber if ABS-CBN terminates this Agreement prior to the end of the Initial Term, because of the occurrence of any of the other events described under “Termination of Agreement” below.
The Early Termination Fee reflects the fact that ABS-CBN has waived certain charges and/or afforded the Subscriber a discount on the offer price of the Monthly Subscription Fee and Other Service Charges based on Subscriber’s agreement to remain a Subscriber of the Service for at least one (1) year, commissions paid to ABS-CBN’s Dealer, shipping and handling fees, waived Activation Fee, and the cost of other promotions.		 $125.00
Reauthorization Fee Payable by Subscriber when his/her Service has been suspended or deactivated due to an Event of Non-Payment, and Subscriber and ABS-CBN agree that the Service may be reactivated. $30.00
STB Penalty Fee - Payable by Subscriber, with respect to one or more damaged or defective STB(s) that ABS-CBN requires the Subscriber to return, if Subscriber fails or refuses to return the STB(s) within thirty (30) days from ABS-CBN’s request. 
- Payable by Subscriber who Cancels or Terminates his/her Subscription and fails or refuses to return the STB(s) within thirty (30) days the date of cancellation or from ABS-CBN’s request. 
- Payable by Subscriber in the event ABS-CBN Cancels or Terminates the Agreement under any of the instances specified under Termination of Agreement below, and Subscriber fails or refuses to return the STB(s) within thirty (30) days the date of cancellation or from ABS-CBN’s request. 
- The Subscriber shall be liable to pay this fee for each unreturned STB(s), as penalty for failure to return the STB(s).		 $70.00
STB Restocking Fee Payable by Subscriber who cancels the Service before the activation of the STB(s) or within thirty (30) days after the Activation Date, and returns the STB(s) to ABS-CBN within thirty (30) days from date of cancellation.  This fee is payable to compensate ABS-CBN for the costs of shipping and restocking the STB(s).  Subscriber shall be liable to pay the STB Restocking Fee for each unreturned STB. $30.00
 
AUTHORIZED USE.  The payment of the Monthly Subscription Fee and Other Service Charges entitle the Subscriber only to receive and view the Service as provided by ABS-CBN.  The Subscriber shall not authorize others to receive, transmit, exhibit or record the Service or any part thereof by any means now known or hereafter devised.  Subscriber shall not record, tape, transcribe or otherwise reproduce any portion of the Service or facilitate such activities by any third party.  If the Subscriber becomes aware of any unauthorized reception, transmission, exhibition or recording of the Service or any part thereof by any person, the Subscriber shall immediately notify ABS-CBN and take all steps reasonably necessary (including all steps reasonably requested by ABS-CBN) to prevent such unauthorized use or reproduction of the Service.
 
BILLING AND COLLECTION.  Invoices for charges relating to the Service (“Billing Statements”) will be generated on a monthly basis and issued to the Subscriber, providing information including:  the Monthly Subscription Fee(s) reflecting the number of STBs at the Subscriber Premises and the program packages selected by the Subscriber; Other Service Charges; Other Fees; previous balance; and payments and credits within the period covered. Subscriber may access his/her Billing Statement online or by toll-free phone call (1-855-832-2632).  Any questions or discrepancies regarding amounts on any Billing Statement must be reported to ABS-CBN within thirty (30) days from the date of the Billing Statement. Failure to contact us within this 30-day period will be deemed to constitute acceptance of the Billing Statement and the charges therein.  All currency amounts referred to in this Agreement are in Canadian currency (“C$”).
 
PAYMENT; NON-PAYMENT. All payments owed by Subscriber to ABS-CBN as Monthly Subscription Fees, Other Service Charges, Other Fees, and any other fees, including payments owed by the Subscriber in case of termination, cancellation or upon expiration of this Agreement, shall be made using one of the following payment methods, as selected by Subscriber:
- For the Initial Payment:
The Initial Payment equivalent to the first Monthly Subscription Fee is due upon signing the SAF and may be paid:
  1. Through Subscriber’s credit card - The Subscriber shall enroll a valid credit card with ABS-CBN by filling-in the required details on the SAF. Subscriber agrees to keep the credit card valid for the Initial Payment. Subscriber authorizes ABS-CBN to present such charges to, and collect the Initial Payment from the issuing, processing and clearing agents of Subscriber’s credit card account.  Subscriber also agrees that Subscriber be charged with bank charges and/or fees in relation to the transaction under this payment method.
  2. Through Subscriber’s bank account –Subscriber shall provide a valid and active checking account number and the routing number on the SAF and authorizes ABS-CBN to debit the Initial Payment on such account.  Subscriber also agrees that Subscriber be charged with bank charges and/or fees in relation to the transaction under this payment method.
  3. Through ABS-CBN’s authorized dealer/s and agent/s. Subscriber shall indicate the name of the authorized dealer or agent of ABS-CBN to which the Initial Payment will be made and to which the Subscriber submits the signed SAF. 
  4. At ABS-CBN’s Offices or Through Other Means. Subscriber shall pay through check, money order, cash, credit/debit card or any other means authorized by or acceptable to ABS-CBN, at an ABS-CBN office during business hours.
 
- For Succeeding Monthly Subscription Fees and Other Service Charges:
In the SAF, Subscriber shall provide the complete, accurate and current address (the “Billing Address”) to which ABS-CBN shall send its Billing Statements.  Each Billing Statement will identify the Monthly Subscription Fee(s), Other Service Charges and Other Fees (where applicable), previous balance (if any), other fees or adjustments due (if any) and payments made by Subscriber within the period covered.  The Subscriber must pay in full the amount due on or before the Due Date indicated in the Billing Statement.  Monthly Subscription Fees, Other Service Charges, and Other Fees where applicable after the Initial Payment may be paid:
a)  Through Subscriber’s credit card.  The Subscriber shall enroll a valid credit card with ABS-CBN by providing the required details on the SAF, and agrees to keep a valid credit card enrolled with ABS-CBN at all times for payment of the Monthly Subscription Fee, Other Service Charges and any Other Fees incurred by the Subscriber.  Subscriber also agrees that Subscriber be charged with bank charges and/or fees in relation to transactions using this payment method.  In the event of termination or suspension of the validity or effectiveness of the Subscriber’s enrolled credit card, the Subscriber agrees to immediately notify ABS-CBN and enroll a valid, effective substitute credit card with ABS-CBN.
b)  Through Subscriber’s bank account. Subscriber shall provide a valid, existing and active checking account number and the routing number on the SAF and agrees to maintain such checking account funded at all times for payment of the Monthly Subscription Fee, Other Service Charges and any Other Fees.  Subscriber also agrees that Subscriber be charged with bank charges and/or fees in relation to the transaction under this payment method. In the event of termination or insufficient funding of Subscriber’s enrolled bank account, the Subscriber agrees to immediately notify ABS-CBN and enroll a valid, effective substitute bank account number with ABS-CBN.
c)  At ABS-CBN Offices or Through Other Means.  Subscriber shall timely settle and pay in full any and all amounts due from Subscriber on or before the Due Date indicated in the Billing Statement through check, money order, cash, credit/debit card or any other means authorized by or acceptable to ABS-CBN, during business hours, at ABS-CBN’s offices.
 
 
Event of Non-Payment.   In the event that any amount due to ABS-CBN as an Initial Payment, a Monthly Subscription Fee, Other Service Charges, Other Fee, or any other charge or fee is not timely and fully paid on or before Due Date (each, “an Event of Non-Payment”), the Subscriber must immediately pay in full all amounts due to ABS-CBN through one of the permitted payment methods.  Unless such payments are made in full, ABS-CBN reserves the right to Suspend the Service or Terminate this Agreement as of the Due Date.
 
After at least fifteen (15) calendar days from an Event of Non-Payment, ABS-CBN may, at its sole discretion: a) refer Subscriber’s unpaid account to a collection agency or a debt collector for the purpose of collecting overdue accounts; b) report the matter to the appropriate credit rating agencies/bureaus, and/or c) commence legal proceedings to collect the full amounts owed to ABS-CBN.
 
In a situation where a Subscriber has multiple STBs at the Subscriber Premises, an Event of Non-Payment-Payment related to any of a Subscriber’s STBs shall be deemed to be an Event of Non-Payment for the Subscriber’s account generally and ABS-CBN reserves its right to exercise its available remedies with respect to the overall account, including the other STBs.
 
CHANGE OF SUBSCRIPTION PLAN. 
1.  Upgrade.  The Subscriber may request an upgrade to his/her subscription plan at any point during the Term. The prorated difference in Monthly Subscription Fees and Other Service Charges will be reflected in the Subscriber's next Billing Statement.
2.   Downgrade.  After the Initial Term only, the Subscriber may request a Downgrade to his/her subscription plan. 
 
Changes to the subscription plan are allowed only once every calendar month.
 
ORDER CANCELLATION.  The Subscriber may, prior to Activation Date or within thirty (30) days after the Activation Date, cancel the Subscription and terminate this Agreement, but as noted above, certain Other Fees may apply.  Subscriber shall also return the STB(s) to ABS-CBN in the same working condition as when it was received normal wear and tear excepted.  For this purpose, ABS-CBN will send Subscriber a return label, postage prepaid.  ABS-CBN will refund prepayment of any Monthly Subscription Fee or Other Service Charges to the Subscriber after deducting any Other Fees that may apply. If prepayment amount is less than the applicable fees and charges, the difference will be charged to the Subscriber's account.
 
ASSIGNMENT / TRANSFERS.  The Subscriber shall not transfer the Subscription to any other party without the prior written approval of ABS-CBN.
 
SUSPENSION OF ACCESS TO SERVICE.  Without prejudice to its right to terminate this Agreement as provided below, ABS-CBN may cut-off the signal for the Service or otherwise “Suspend” the Subscriber’s access to the Service, with or without notice to the Subscriber, in any of the following circumstances:
  1. Any Event of Non-Payment, as defined in this Agreement;
  2. The unauthorized transfer, lease or assignment of any STB or of the Service (or any such attempt) to a third party by the Subscriber, or any unauthorized use of the STB or the Service, either with or without the knowledge of the Subscriber;
  3. Subscriber fraud, with respect to information provided on the SAF, any payment, or otherwise;
  4. Use of the Service for any illegal or immoral purpose, or in breach of this Agreement, as determined by ABS-CBN in its sole discretion;
  5. Any act or omission directly or indirectly attributable to the Subscriber, including ABS-CBN’s inability to access, enter, and inspect the Subscriber’s Premises to confirm compliance with this Agreement;
  6. ABS-CBN becomes aware that any part of the STB is lost or stolen or is being used or has been relocated to a location other than the Subscriber Premises;
  7. ABS-CBN reasonably believes that it is necessary to protect against unauthorized use of proprietary information or technology in the STB or any intellectual property rights in the Service; or
  8. ABS-CBN deems that Suspension or Termination is necessary to comply with or prevent any violation of any law or regulation.
 
EFFECTS OF SUSPENSION.  While the Subscriber’s access to the Service is suspended, the Subscriber shall continue to be liable for payment of the Monthly Subscription Fee, Other Service Charges, or Other Fee identified on a Billing Statement and ABS-CBN shall not reinstate access to the Service until all outstanding amounts have been paid and ABS-CBN determines, in its sole discretion, that the circumstances giving rise to the suspension have been resolved to its satisfaction.  If ABS-CBN agrees to reinstate the Subscriber’s access to the Service, the fact of a Suspension and the length of time of the Suspension will not affect the length of time of the Initial Term, if applicable.
 
VOLUNTARY SUSPENSION OF SERVICE BY THE SUBSCRIBER. After the Initial Period, the Subscriber may voluntarily request suspension of the Service upon at least fifteen (15) days written notice to ABS-CBN prior to the intended date of suspension. ABS-CBN shall consider the request and approve it or not, in its discretion.  If the Subscriber’s request for suspension of the Service is approved, the Subscriber shall be relieved of his/her obligation to pay certain charges and fees (e.g. the Monthly Subscription Fee) corresponding to the approved period during which the Service is suspended (the “Suspension Period”), provided that the Subscriber may suspend the Service for a maximum period of thirty (30) days only. The Service will be automatically activated after the Suspension Period and the Subscriber shall resume payment of all applicable charges and fees after the Suspension Period.
 
TERMINATION OF AGREEMENT.  The Subscriber’s access to the Service and this Agreement may be terminated by ABS-CBN, effective immediately, with or without notice to the Subscriber upon occurrence of any of the following:
  1. Any Event of Non-Payment, as defined in this Agreement;
  2. The unauthorized transfer, lease or assignment of any STB or of the Service (or any such attempt) to a third party by the Subscriber, or any unauthorized use of the STB or the Service, either with or without the knowledge of the Subscriber;
  3. Subscriber fraud, with respect to information provided on the SAF, any payment or otherwise;
  4. A bankruptcy notice, notice of receivership or other similar proceeding is initiated with respect to the Subscriber, voluntarily or involuntarily;
  5. Use of the Service for any illegal or immoral purpose, or in breach of this Agreement, as determined by ABS-CBN in its sole discretion;
  6. Any act or omission directly or indirectly attributable to the Subscriber, including ABS-CBN’s inability to access, enter, and inspect the Subscriber’s Premises to confirm compliance with this Agreement;
  7. ABS-CBN becomes aware that any STB or part thereof is lost or stolen or is being used or has been relocated to a location other than the Subscriber Premises;
  8. ABS-CBN reasonably believes that it is necessary to protect against unauthorized use of proprietary information or technology in the STB or any intellectual property rights in the Service; or
  9. ABS-CBN deems that Suspension or Termination is necessary to comply with or prevent any violation of any law or regulation.
 
In addition, ABS-CBN reserves the right to terminate this Agreement and the Subscriber’s access to the Service in the event that it discontinues the Service in Canada, by giving Subscriber at least thirty (30) days written notice prior to the effective date of discontinuation of the Service and termination of this Agreement. In this case, ABS-CBN will refund to the Subscriber any pre-paid amount, if any, less any other charges or fees payable or due on the Subscriber’s account(s).
 
ABS-CBN reserves the right at any time to modify, suspend, discontinue or temporarily terminate Subscriber’s account for any reason. A notice advising about the modification, suspension or termination of Subscriber’s account will be sent to the email address used during registration, or the email address on file. In case ABS-CBN suspends the account, the subscription expiry date may be adjusted upon re-activation of subscription depending on the reason for the suspension. The Subscriber acknowledges that ABS-CBN will not be liable to Subscriber or to any third party for any claim, loss or liability arising from or in connection with the modification, suspension or discontinuance of Subscriber’s account.
 
 
CONTACT NUMBERS AND ADDRESSES.  The Subscriber undertakes to, without delay, notify ABS-CBN directly of any change in his/her Billing Address, credit card or banking information and other contact details provided in the SAF. ABS-CBN shall not be responsible for any Suspension, Termination, disconnection, charges, fees, etc. resulting from the Subscriber’s failure to timely inform ABS-CBN of such changes.
 
CANCELLATION OF SERVICE AND TERMINATION OF AGREEMENT BY SUBSCRIBER.
1. After the completion of the Initial Term, the Subscriber may voluntarily cancel the Service and terminate this Agreement (a “Cancellation”), by (a) providing written notice (delivered by mail or by e-mail to the addressed under Notices below) to ABS-CBN, or (b) calling our 24/7 Toll-Free Hotline 1-855-832-2632.
In either case, Subscriber must provide at least thirty (30) days prior notice of the intended date of disconnection of Service.  The Agreement shall be terminated as of that disconnection date.  However, Subscriber shall remain liable for all outstanding amounts due and will be billed for any unpaid charges on the account, up until the date that the Service is cancelled.  Certain Other Fees may also apply.
2. As noted above, an Early Termination Fee may apply, in addition to any other unpaid charges. 
3. Upon Cancellation, ABS-CBN reserves the right to require the Subscriber to return any STB in the same working condition as when it was received from ABS-CBN, normal wear and tear excepted, to ABS-CBN at its offices or such other location as may be determined by ABS-CBN.  If the return of one or more STBs are requested ABS-CBN shall provide the Subscriber with return labels, postage pre-paid, to be used for this purpose.  Certain Other Fees may also apply.
  1. If the Subscriber terminates the Agreement after Initial Term, Subscriber shall pay ABS-CBN any and all outstanding amounts due under the relevant Billing Statements, as well as the proportionate Monthly Subscription Fee(s), Other Service Charges and any Other Fees due up to the effective date of termination.  ABS-CBN reserves the right to require the Subscriber to return any STB in the same working condition as when it was received from ABS-CBN, normal wear and tear excepted, to the location determined by ABS-CBN, using a return label, postage pre-paid, that will be provided for this purpose.   
 
LIMITATION OF LIABILITY.  ABS-CBN disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. The Subscriber hereby (i) agrees that, notwithstanding any other provision in this Agreement, ABS-CBN shall have no liability to the Subscriber with respect to any interruption, failure or loss in the transmission or reception of the Service and (ii) waives any other right to remedy it may have against ABS-CBN as a result of any such interruption, failure or loss of the Service.  Further, ABS-CBN shall not be liable to the Subscriber for incidental, consequential or special damages (such as, but not limited to, loss of profits or revenues or damage to or loss of personal property) and the Subscriber hereby waives all rights which it may otherwise have or have had in respect thereof whether pursuant to this Agreement or otherwise.
 
Subscriber agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 
NO REFUND.  ABS-CBN shall have no obligation to refund any paid Monthly Subscription Fees, Other Service Charges or any Other Fees for any interruption, failure or loss of signal from force majeure including, but not limited to, acts of God, war, civil disturbance, satellite failure, riots, strikes, work stoppage, acts of terrorism, or such causes beyond the reasonable control of ABS-CBN.  Neither shall ABS-CBN be obliged to refund any paid Monthly Subscription Fees, Other Service Charges or any Other Fees upon cancellation of the Service due to the causes giving rise to ABS-CBN’s right to Suspend or Terminate the Agreement as provided herein.
 
MARKS AND LOGOS. Subscriber acknowledges that ABS-CBN, and/or its Affiliates owns and/or has the exclusive right to use TFC mark, ABS-CBN mark, TFC logo, ABS-CBN logo and other marks and logos related to TFC, ABS-CBN, and the programs and Content therein (collectively the “ABS-CBN marks”). Subscriber agree not to use or display any ABS-CBN mark/s in any manner, and/or not to assert any right or claim thereto or ownership thereof. Subscriber also acknowledge that other marks or logos, used in connection with the Service, are owned by third parties who have licensed their use to ABS-CBN and/or its Affiliates, and agree not to use or display any of them in any manner, and/or not to assert any right or claim thereto or ownership thereof.
 
PRIVACY.  Any personal information provided by the Subscriber to ABS-CBN is governed by the ABS-CBN Canada ULC Privacy Policy (posted at http://mytfc.com/Privacy-Policy-Notice) and will be used by ABS-CBN to administer the Subscription, to collect and recover any fees or other payments owed to us, to customize advertising, promotional and marketing activities sent to the Subscriber, to fulfill requests for the Devices, the Service and any other products and services ordered by Subscriber, to improve ABS-CBN’s services to the Subscriber, to conduct market research, survey and perform statistical analysis based on anonymized data and to report the results to the internal and external clients, affiliated or related companies and/or partners of ABS-CBN and to disclose the provided information in connection with the transfer by ABS-CBN of its business to any successor, to pass on information to the relevant government agency or institution for fraud information, to investigate, prevent or take action regarding illegal activities, suspected frad, situations involving potential threats to the physical safety of any person, violation of the Terms, or as otherwise required by law, to transfer, move, copy, record, store and use your personal information outside the country where you subscribed the Service, to be used as basis for displaying targeted advertisements in the Service, to respond to subpoenas, court orders or legal processes, or to establish or exercise ABS-CBN’s rights or defend legal claims against ABS-CBN and to contact or communicate with Subscriber for any of the foregoing purposes .  Subscriber’s personal information may, from time to time, be collected, transferred, stored, recorded, shared and used by ABS-CBN’s Affiliates and our and our Affiliates’ authorized service providers to facilitate a migration from one Service, platform and/or technology to another to improve Subscriber’s experience. If agreed by the Subscriber on the SAF, ABS-CBN may use the information provided in the SAF to:  inform the Subscriber by e-mail and by other means about other ABS-CBN promotional offerings, new products and services and to send newsletters and announcements to the Subscriber. 
 
INJUNCTIVE RELIEF.  The Subscriber hereby acknowledges and agrees that the rights of ABS-CBN are of a special, unique and extraordinary character which gives them a particular value, for the loss of which it cannot be reasonably or adequately compensated in damages in any action at law and that a breach of this Agreement by the Subscriber will cause ABS-CBN immediate and irreparable injury and damage.  The Subscriber therefore expressly agrees that, in the event of a breach or threatened breach of this Agreement or any part hereof by the Subscriber, ABS-CBN shall, at its discretion, be entitled to injunctive and other equitable relief against the Subscriber to end or prevent such breach and to secure enforcement of this Agreement.  Resort to such equitable relief, however, shall not be construed as a waiver of any other rights or remedies which ABS-CBN may have for damages or otherwise.
 
WAIVERS.  No course of dealing between the parties or delay or omission on the part of either party in exercising any rights under this Agreement or under applicable law shall operate as a waiver of any such rights.  A waiver by any party in any instance shall not constitute a waiver in any other instance.  All remedies and rights hereunder or under applicable law shall be cumulative, and none of them shall be in limitation of any other remedy or right of either party.  No waiver, amendment or modification of this Agreement shall be effective unless in writing and signed by the party against whom the waiver, amendment or modification is sought to be enforced.
               
NOTICES.    All notices from ABS-CBN to the Subscriber shall to be provided using the Subscriber contact information provided on the SAF or as updated to us by Subscriber.  Cancellation and any other notices to ABS-CBN should be addressed to us at:
  •  300 Consilium Place Suite 105, Toronto Ontario M1H 3G2
  •  customerserviceCA@abs-cbn.com
  • 24/7 Toll-Free Hotline 1-855-TFC-CNDA or 1-855-832-2632 

 
Language.  The parties acknowledge that they have required that the present Agreement, as well as all documents, notices and legal proceedings entered into, given or instituted pursuant hereto or relating directly or indirectly be drawn up in English. Les parties reconnaissent avoir exigé la rédaction en anglais de la présente convention ainsi que de tous documents exécutés, avis donnés et poursuites judiciaires intentées, directement ou indirectement, relativement à, ou à la suite de, la présente convention.
 
GOVERNING LAW.  This Agreement shall be governed and construed in accordance of the laws of the Province of Ontario and the federal laws of Canada applicable therein.  The parties agree to submit to the jurisdiction of courts located in Toronto, Province of Ontario.
 
SEVERABILITY.  Each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be held to be invalid under applicable law, such provision shall be ineffective to the extent of such invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.
 
FURTHER AMENDMENTS TO THIS AGREEMENT.  This Agreement may be amended from time to time by ABS-CBN and Subscriber shall be subject to such revised Agreement, as amended.  We will post the current Terms and Conditions on our web site at http://mytfc.com.  Revisions take effect when posted on our web site.  Please review the current version from time to time, to ensure that you understand such changes.  
 
Revised effective: 31 March 2022