The sooka Services and its site are brought to you by MEASAT Broadcast Network Systems Sdn Bhd (“ASTRO”) and the following terms and conditions (“Terms and Conditions”) apply to all visitors and/or registered users who access or use the sooka Services (as defined in Clause 1 below) and/or any services provided on, from or through the website https://sooka.my and/or the sooka app. By accessing the sooka Services, you agree to be bound by these Terms and Conditions, which may be updated from time to time without notice to you. The sooka Services is not intended for and is not designed to attract or for children under 13 years of age.
1. Definitions.
The following words or expressions shall have the following meanings, unless the context otherwise requires:-
“PPV” means Pay-per-view referring to purchase of a one-off live event/ game for a fee
“sooka Services” means services provided on, from or through the website https://sooka.my and/or the sooka app;
“sooka Free Service” means services provided on, from or through the website https://sooka.my and/or the sooka app which is provided free of charge by ASTRO at its sole discretion. The sooka Free Service is delivered with advertisements;
“sooka VIP Service” means services provided on, from or through the website https://sooka.my and/or the sooka app which is provided for a fee by ASTRO at its sole discretion;
“TVOD” means the transaction video on demand referring to the movie rental on sooka Services for a fee;
“VIP Service/ Membership” means VIP Entertainment or VIP+Sports, where relevant;
“VIP Entertainment” means standard sooka Services providing dramas, variety shows and much more; and “VIP + Sports” means VIP Entertainment and all the favourite and live sports.
2. General
2.1. Certain content and/or services are provided free of charge to users under the sooka Free Service. Other sooka Services such as VIP Entertainment, or VIP + Sports, PPV or as maybe introduced from time to time are available to users at a fee.
2.2 sooka Services are only accessible in Malaysia and is geo-blocked outside Malaysia.
2.3 Using the sooka Services through mobile network may result in mobile data charges. Please contact your mobile data service provider for more information.
2.4 The sooka Services including the Sooka Free Service is delivered with advertisements. The VIP Service/ Membership will be provided free from advertisements save and except where the advertisements originate from the live feeds/ broadcasters.
3. Registration & Subscription
3.1 By utilising the sooka Services, you agree to:
(a) Provide true, accurate and most recent information about yourself
(b) Promptly update your information, if applicable, to your most recent information
(c) Allow the sooka Services to access, preserve and disclose your information if required to do so by the law or in a good faith belief that it is necessary.
3.2 You may be required to register an ID in order to access certain content, features and/or services within the sooka Services, and you are required to subscribe in order to gain access to certain premium content and/or services.
3.3 To subscribe, you are required to provide us with one or more payment methods
3.4 At any given time, we may offer multiple subscription plans, including memberships offered by third parties. We are not responsible for products and plans offered by third parties.
4. VIP Membership
4.1 Your subscription to the sooka Services will continue until it is terminated.
4.2 To subscribe to VIP plans available, you must have internet access and a device that sooka Services supports, with one or more Payment Methods (defined below).
4.3 We may change our VIP membership plans and/ or PPV plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
4.4 You may upgrade or downgrade your VIP membership anytime. To upgrade from VIP Entertainment to VIP + Sports, your existing VIP Entertainment membership will immediately be replaced by the VIP + Sports. You will be immediately charged by the pro-rated full amount for VIP + Sports and your billing date will remain unchanged, provided however and only if you will pay for the upgrade by using the same payment gateway that you used to subscribe to the existing VIP membership plan. To downgrade from VIP + Sports to VIP Entertainment, your membership to the VIP Entertainment will only be reflected after the subscription to VIP + Sports has lapsed, provided however and only if you will pay for the downgrade by using the same payment gateway that you used to subscribe to the existing VIP membership plan.
5. Billing
5.1 The membership fee for the sooka Services and any other charges you may incur in connection with your use of the service, such as PPV charges, taxes and possible transaction fees, will be charged to your Payment Method (defined below) on the specific payment date indicated on the "Profile" page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the sooka Services. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit sooka Services on the "Profile" page to see your next payment date.
5.2 If payment is not successfully settled for any reason, we reserve the right to suspend your access to the VIP membership service until we successfully receive payment and we may change the
applicable billing date to such a date as we deem appropriate. You authorise us to continue billing on the basis of your given Payment Method and you remain responsible for any unsettled amount.
5.3 All subscription and payment are payable in advance and, to the extend permissible by law, we will not refund any subscription fees and/or payment that you have already paid, and we will also not refund you for partial time periods or unused portions of your subscription/ PPV.
5.4 To subscribe to sooka Services and/or purchase of the PPV, you must provide one or more Payment Methods. You authorise us to charge any Payment Method associated to your account. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
6. Payment Methods
6.1 You can choose the following Payment Methods:
(a) Valid credit/ debit card (issued in Malaysia) (through Astro Payment Gateway (“APG), you will be directly billed on your credit/ debit card the applicable subscription fee and /or PPV charges and in accordance with the relevant billing mechanism of APG. As such, you acknowledge, understand and agree that your credit/ debit card information and the relevant billing process is handled by APG.
(b) Apple Store or Google Play as your payment method, you will be billed through your Apple ID or Google account (as applicable), the applicable subscription fee and/or PPV charges, and in accordance with the relevant billing mechanisms of App Store or Google Play. You shall also be deemed to have understood and agreed to the terms and conditions which may apply to you accordingly. You are therefore advised to refer to the respective terms and conditions before payment details are provided to such third parties and confirmed thereafter. In this regard, we shall not be responsible for the information shared with such third parties and will not be held liable for any damages, loss and/or expenses that you may face by doing so.
(c) Through any other of our authorised third parties, you should refer to your billing account terms with the relevant third party.
(d) For your chosen payment method ((a), (b) and (c) above), you shall also be deemed to have understood and agreed to the terms and conditions of the payment gateway(s) (as applicable). You are advised to refer to the relevant terms and conditions before payment details are provided to such payment gateway(s). We shall not be responsible for the information shared with such payment gateway(s) and will not be held liable for any damages, loss and/or expenses that you may suffer by doing so.
6.2 You can update your Payment Methods by going to the “Profile” page. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
7. Cancellation or Termination
7.1 Unless otherwise notified to you or unless you take the steps to cancel your VIP Membership, your subscription will automatically renew on a recurring basis and the fees will be charged on the applicable billing date, once your VIP membership starts.
7.2 To cancel your VIP Membership:
(a) If you have been paying by APG, you should go to the “Profile” page and follow the instructions for cancellation, provided that you do so at least twenty-four (24) hours before the next applicable billing date. If you cancel your VIP Membership, your access to the VIP Service will automatically be suspended at the end of your end-current billing period.
(b) If you have been paying for VIP Membership by App Store or Google Play, you need to do so through the chosen payment gateway, provided that you do so at least twenty-four (24) hours before the next applicable billing date.by visiting your account in Apple Pay or Google Play and turn off the auto-renew or unsubscribe from the VIP Membership.
8. Rights reserved by sooka
8.1 ASTRO is entitled at its sole discretion to revise the content and any fees associated with the content at any time and will use reasonable endeavours to notify you of such revisions.
8.2 ASTRO reserves the right and shall be entitled at any time to:
(a) Deactivate the sooka Services at any time without notice to carry out system, maintenance, upgrading, testing and/or repairs;
(b) Limit or suspend your access to the sooka Services, without notice, where we are of the opinion that such action is appropriate and as a result of your use of the service or in the event that you break any of these Terms and Conditions;
(c) Expand, reduce, withdraw and/or modify any part of the sooka Services and/or any Content (meaning any content made available or appearing in the service including but not limited to any data, information images, graphics, video and/or audio content, applications, subtitles, downloadable files or other multimedia content that can be accessed through or on the sooka Services, remove, disable and/or suspect transmission or streaming of the sooka Services or Content which we consider in our sole opinion, breaches any applicable law, regulation or regulatory directive or to be otherwise unacceptable; and
(d) change our plans and the VIP Membership plans and the PPV pricing from time to time, provided that the change will become effective only at the end of the then-current billing cycle. Unless otherwise required by law, we will provide you with reasonable prior notice of any significant change in our plans or the subscription fee to give you an opportunity to cancel your subscription before such change takes effect on your VIP Membership.
9. Your Responsibilities
9.1 You:
9.1.1 have to be 18 or above to access or use the sooka Services and/or Content;
9.1.2 are only authorised to use the sooka Services and view the Content for your own personal and non-commercial use in accordance with these Terms and Conditions;
9.1.3 will be strictly and solely responsible for your own use of the sooka Services and the Content and any use of the sooka Services by any party who uses your login details will be treated by us as use by you;
9.1.4 must not, and must not permit any other person, to sell, reproduce, copy, distribute, publish, modify, and/or prepare derivative works based on the Content and/or the sooka Services;
9.1.5 agree that the sooka Services and Content are only for your private viewing and access and shall not yourself, or permit any other person to, show, play, use, access or view the sooka Services and/or Content for any public or commercial purposes unless with our prior written consent;
9.1.6 without limiting sub-clause 8.1.5, shall not charge for use or access to the sooka Services or any Content or for access to any premises where the sooka Services or Content are viewed;
9.1.7 will abide by all relevant applicable laws and any operating and/or usage rules, as amended from time to time;
9.1.8 as a registered user, in order to apply and/or use the sooka Services, must provide a valid login e-mail address and password or Facebook/ Google/ Apple login details;
9.1.9 will maintain and promptly update any personal data submitted to us and keep it true, accurate, current and complete;
9.1.10 will not provide any information that is untrue, inaccurate, not current or incomplete; if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or restrict your access to the sooka Services and/or Content; and refuse any and all current or future use of the sooka Services and/or Content;
9.1.11 will report any violation of these Terms and Conditions to our customer service team via the Website; and
9.1.12 as a registered user, shall safeguard your login details and password(s) and ensure that they are not disclosed or provided to any other person.
9.2 You agree not to:
9.2.1 restrict or inhibit any other persons from using the sooka Services, including, without limitation, by means of "hacking" or defacing any portion of the sooka Services and/or the website;
9.2.2 access or use the sooka Services, the website, the Content or the Software (as defined in Clause 11.1) for any unlawful purpose or any purpose not expressly authorised by these Terms and Conditions;
9.2.3 modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the website, any of the Software and/or any Content;
9.2.4 remove any copyright, trade mark, or other proprietary rights notices contained in the sooka Services and/or the Content;
9.2.5 copy and/or frame any part of the sooka Services or the Content without our prior written authorisation;
9.2.6 use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce, disrupt or circumvent the navigational structure or presentation of the sooka Services and/or the Content;
9.2.7 collect any personal data of any users of the sooka Services;
9.2.8 hack, break into, or attempt to hack or break into, in any manner the sooka Services, the Software, the website, and/or any data areas on our server(s) or that of any third parties;
9.2.9 download, copy, store, rip, distribute, share or re-direct any Content from the sooka Services in any way or through any media;
9.2.10 disclose your login details and password or permit other persons to use your login details and password to access the sooka Services and/or any Content;
9.2.11 incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
9.2.12 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the sooka Services;
9.2.13 issue, create or sponsor any financial instruments or investment products where the price, return and/or performance of such instrument or product is based on or related to any financial index or information in the Content; and
9.2.14 interfere with or disrupt the sooka Services or servers or networks connected to the sooka Services.
9.3 Our authorisation for you to access and receive the sooka Services and the Content is conditional upon your strict compliance with each of these Terms and Conditions.
10. Personal Data and Information
10.1 We use the Personal Data you provide in a manner that is consistent with this Policy. If you provide Personal Data for certain reason, we may use the Personal Data in connection with the reason for which it was provided. Your Personal Data and Information may also be used by us, our affiliates or Authorised Third Parties for the following reasons:-
· For the purposes of technical administration of the sooka Services;
· For research and development;
· Statistical analysis;
· Customer administration;
· Profiling services preferences;
· Finance and marketing operations and activities and/or as required in the provision of our services including but not limited to credit control services;
· In compliance with any regulatory, statutory or legal obligation imposed on us by any relevant authority;
· To operate and provide the Services to you;
· To support your questions about the use of the sooka Services;
· To detect and prevent fraudulent activity;
· To provide other goods and services by Us or its designated representatives and/or business partners to you or parties designated by you and matters ancillary thereto;
· To verify and process payment when you use the sooka Services;
· To verify and record your personal particulars including comparing it with information from other sources and using the information to communicate with you;
· To conduct market research of the users of the sooka Services including the number of users, the frequency of use, profile of users and using such analysis for our business plans, the enhancement of our products and services, targeted advertisements and conveying such information in broad aggregate terms to third parties who have or propose to have business dealings with us or our affiliates;
· To send you information, promotions and updates including marketing and advertising materials in relation to our goods and services and those of third party organisations selected by us; and
· In accordance with our Privacy Notice which is available at https://support.sooka.my/hc/en-us/articles/360004002396-Privacy-Policy
11. Software Licenses
11.1 You may from time to time be requested by us, to download software, applications and/or programs from the sooka Services ("Software") and we hereby grant to you a non-exclusive and non-transferable licence for you to store, run and use the Software on your devices in accordance with these Terms and Conditions and any software licence which accompanies the Software but not further or otherwise.
11.2 You agree to download and install the Software in such personal devices to be used by you for accessing and/or installing the sooka Services.
11.3 You acknowledge that we may refuse to provide the sooka Services to you in the event you fail to successfully download and install the Software.
12. Links and Advertisements
12.1 The sooka Services may contain links to third party Web sites ("Linked Websites") and include advertisements. You agree that Linked Websites and advertisements are necessary for us to provide the sooka Services. Such links and advertisements are provided to you only as a convenience and as such we do not provide any form of representation and/or warranty whether express or implied, for the use of such Linked Websites. We shall not be responsible if the Linked Website is not working appropriately. We have no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and do not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature. By using the sooka Services You expressly relieve us from any liability arising from Your use of Linked Websites.
12.2 Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. We have no responsibility or liability for any merchant or your relationship with such merchant
12.3 We may use third-party advertising companies to track/collect information generated by you as part of the use of sooka Services and/or measure advertising effectiveness on the sooka Services, the website and other web sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to the sooka Services, the website and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
12.4 -
We may permit you to register for and log on to the sooka Services via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how sooka Services collects, uses, and discloses your personal information when you link your sooka Services account with your account on any third-party service can be found in our Privacy Notice (https://support.sooka.my/hc/en-us/articles/360004002396-Privacy-Policy).
13. Indemnities
13.1 You agree to indemnify us, our employees, our content providers, sub-contractors, licensors and/or agents against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by us arising from or which is related to:
13.1.1 your use or other’s use of the sooka Services, the Software, the website and/or the Content through your devices and/or registered account; and
13.1.2 any breach or non-observance of any of these Terms and Conditions by you.
13.2 Clause 13 shall survive the termination of your agreement with us for the sooka Services and/or Content.
14. General Warranties & Liabilities
14.1 You agree that the sooka Services is provided “as is” and without express or implied warranty or condition of any kind. To the fullest extent permitted by law, we and our content providers (and their affiliates) disclaim any representation or warranty whether express or implied as to the title, quality, fitness for a particular purpose, merchantability, accuracy, completeness, or standard of quality and resolution, transmitting continuity and timeliness of the sooka Services, the Software and/or any Content, that the sooka Services will be uninterrupted, no delay or error free, any obligation to maintain the confidentiality of information (although our current practice is to maintain such confidentiality), the results to be obtained from use of any part of the sooka Services and/or any Content unless otherwise specifically mentioned in these Terms and Conditions.
14.2 We disclaim any representation or warranty that the sooka Services will meet your requirements; and/or that your access to and use of the sooka service will be uninterrupted, no delay or error-free, free of viruses, malicious code or other harmful components or otherwise secure.
14.3 To the fullest extent permissible by law, we expressly disclaim any liability for:
14.3.1 any damage to or loss of data suffered by you arising from your use of the sooka Services, the Software and/or any Content;
14.3.2 any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not;
14.3.3 any claim relating to any part of the sooka Services or any Content supplied, provided, sold or made available by or through the sooka Services (or any failure or delay to so supply, provide, sell or make available);
14.3.4 any disruption, suspension, delay or failure of the sooka Services or any part thereof which is attributable to an event or circumstance beyond our reasonable control; and
14.3.5 any infringement of intellectual property rights arising from your use of the sooka Services, the Software and/or any Content.
14.4 To the fullest extent permissible by law, we will under no circumstances, pay more than the amount of which you have paid in the month of dispute in compensation (even if we have been negligent) for any liabilities under these Terms and Conditions for the sooka Services, Content, Software and any other goods we have supplied or provided.
14.5 Clause 14 shall survive the termination of your agreement with us for the sooka Services.
15. Changes to Terms and Conditions
15.1 Sometimes, we will need to unilaterally change the terms and conditions of the sooka Services. We will publish details of all changes on the website as soon as practicable.
16. Miscellaneous
16.1 You accept that the agreement between you and us for the sooka Services and the Content is personal to you and agree not to transfer it to anyone else, or to try to do so without our prior written consent. However, we may take instructions from a person who we think, with good reason, is acting with your permission.
16.2 We can transfer our rights and obligations hereunder to any person or entity without your consent. We can also use an agent or subcontractor to perform our responsibilities.
16.3 When we need to contact you, we will use your e-mail address and/or telephone number that you have provided us for contacting you. If you need to contact us, please use the correspondence address, e-mail address and/or telephone number on the sooka website, which we have given to you for that purpose.
16.4 The notice or communication sent by us shall be treated as received by you: immediately upon sending the email, if sent by email.
17. Governing Law
These Terms and Conditions are governed by the laws of Malaysia.
18. Severability
If any provisions of these Terms and Conditions shall be construed to be illegal, invalid or unenforceable for any reason, such provisions shall not affect the legality, validity or
enforceability of the other provisions of these Terms and Conditions. The illegal, invalid or unenforceable provision shall be amended to the extent necessary to make them legal, valid or enforceable or, if not possible to do so, deleted from these Terms and Conditions, but all other provisions of these Terms and Conditions shall continue in full force and effect.