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Terms and Conditions

Last revised: 23 July 2024

 

SOOKA TERMS AND CONDITIONS

 

The sooka Services, the sooka App and the sooka Website (all words and expressions shall have the meaning provided to them in Clause 1.1 below) are provided to you by MEASAT Broadcast Network Systems Sdn. Bhd. ("sooka") and the following terms and conditions ("sooka Terms and Conditions") shall apply to all visitors and/or registered users who access or use the sooka Services and/or any other services provided on, from or through the sooka Website, the sooka App or any other sooka’s authorised and certified third party platforms or websites using any Authorised Device(s) (hereinafter defined).

 

If you subscribe to the sooka Services via special campaigns or collaborations which may be made available by sooka from time to time, the terms and conditions of the special campaigns or collaborations ("sooka Campaign Terms and Conditions") are to be read together with these sooka Terms and Conditions and, if there is any conflict, the sooka Campaign Terms and Conditions shall prevail.

 

By accessing the sooka Services, you are deemed to have accepted these sooka Terms and Conditions and, if applicable, the sooka Campaign Terms and Conditions.

 

1. Definitions

 

1. 1 The following words or expressions shall have the meanings set opposite to them, unless the context otherwise requires:

 

"Astro Payment Gateway" 

means the payment services provided by sooka to you by facilitating your payment via bank transfers (FPX), M2U, credit card and/or debit card and/or e-wallet in accordance with the terms and conditions at Astro Payment Gateway Terms and Conditions;

 
"App Store"

means an app marketplace developed and maintained by Apple Inc., for mobile apps on its iOS and iPadOS operating systems;

 
"Authorised Device"

means any personal computer, electronic tablet, mobile phone, media streaming device, smart television, or any similar device (including the sooka TV Stick) which is authorised and/or certified by sooka to allow access to the sooka Services via the sooka App or the sooka Website;

 
"Content"

means any content made available or appearing in the sooka Services including any data, text, animation, information, images, graphics, photographs, artwork, video and/or audio content (including music, voice and sound), applications, subtitles, downloadable files or other multimedia content and any combination of any of or all of the foregoing provided to you that can be accessed through or on the sooka Services;

 
"Google Play"

means a digital distribution service operated and developed by Google;

 
"Linked Websites"

shall have the meaning ascribed to it in Clause 12.1;

 
"Payment Method"

means any of the payment methods described in Clause 6 herein;

 
"Personal Data"

means personal data, information and/or details collected by sooka from you, in relation to your usage and/or access to the sooka Services, the sooka Website and/or the sooka App;

 
"Profile Page"

means the user’s profile page appearing on the sooka App and the sooka Website, containing the user’s details and subscription status;

 
"sooka App"

means the sooka application for streaming the sooka Services on an Authorised Device, made available for download from the App Store and Google Play;

 
"sooka Free Service"

means the section of the sooka Website and/or the sooka App in which Content is provided to users to view free of charge by sooka, at its sole discretion;

 
"sooka Services"

means the steaming services provided on, from or through the sooka Website and/or the sooka App by sooka and branded as ‘sooka’, which comprises the sooka Free Service and the sooka VIP Service;

 
"sooka TV Stick"

means a streaming dongle that is pre-installed with the sooka App and is used to access the sooka Services;

 
"sooka TV Stick Bundled Customer"

means a customer who purchases a bundle of (i) the sooka TV Stick and (ii) a subscription pack for the sooka Services;

 
"sooka VIP Service"

means the section  of the sooka Website and/or the sooka App in which Content is made available to users to view in consideration for payment of a fee. The sooka VIP Service has various subscription packs that are made available on either a subscription basis or a one-time purchase basis; and

 
"sooka Website"

means the website (bearing the web address at https://sooka.my) which, upon login, may be used to stream Content on the sooka Services.

 

1.2 In these sooka Terms and Conditions, (i) words denoting the singular number include the plural and vice-versa and (ii) where the words “includes” or “including” are used, they mean “includes, but not limited to” or “including, but not limited to”.

 

1.3 References to “we”, “us”, “our” and “ourselves” in these sooka Terms and Conditions are to sooka. All references to “you” in these sooka Terms and Conditions are to visitors and/or registered users to the sooka Services.

 

2. General

 

2.1 We may, at our sole discretion:

      2.1.1 include advertisements prior to, during and after the playout of Content; and

      2.1.2 offer certain Content to view free of charge to users under the sooka Free Service.

2.2 The sooka Services are only accessible to users located within Malaysia and access by users outside Malaysia is geo-blocked.

2.3 You must have internet access and an Authorised Device to enjoy the sooka Services. Using the sooka Services through a mobile network may result in mobile data charges. Please contact your mobile data service provider for more information.

2.4 The names and types of Authorised Devices are set out on the Help section of the sooka Website specifically at this link ‘What are the authorised devices to access sooka service’ Access to any sooka Services on non-supported and unauthorised devices shall be deemed unauthorised access and is strictly prohibited. Any attempt by any means to circumnavigate the requirement to access the sooka Services by Authorised Devices only is deemed to be piracy and copyright infringement and sooka reserves its rights and remedies accordingly.   

 

3. Registration & Subscription

 

3.1 By utilising the sooka Services, you agree to:

 

      3.1.1 provide true, accurate and most recent information about yourself;

      3.1.2 promptly update your information or ensure that your information is up to date; and

      3.1.3. allow sooka to access, preserve and disclose your personal information, if required to do so          by the law, order or decree from court or otherwise in good faith belief that such disclosure is                necessary.

3.2 You may be required to register a user ID in order to access certain content, features and/or services within the sooka Services. In order to gain access to certain premium content and/or services, you are required to purchase or subscribe to the sooka VIP Services.

 

3.3 To purchase or subscribe to sooka VIP Services, you are required to provide us with one or more Payment Method.


3.4 We may offer multiple subscription packs via the sooka Services, including memberships offered by third parties. We are not responsible for products and plans offered by third parties. For more information on products and plans offered by third parties, please refer to Clause 12 below.

 

4. Subscription to sooka VIP Services


4.1 The following shall be determined based on the subscription pack that you have selected:

 

       4.1.1 the duration of your access to the sooka VIP Services;

       4.1.2 the type and number of Authorised Device(s) allowed for concurrency viewing; video                              quality;, and

       4.1.3 any other added features or functions and validity period.


4.2 You may upgrade or downgrade your sooka VIP Services at any time.


4.3 If you choose to upgrade to a higher tier subscription pack, your existing subscription pack will immediately be replaced by the selected higher tier subscription pack. You will be immediately charged the pro-rated full amount for higher tier subscription pack.


4.4 If you choose to downgrade to a lower tier subscription pack, your membership to the lower tier subscription pack will only be reflected after the existing subscription has lapsed.

 

4.5 Your billing date for any upgrade or downgrade will remain unchanged, provided that you pay for the upgrade or downgrade by using the same Payment Method that you used to subscribe to the existing subscription pack. Your billing date may change if you use a different Payment Method to pay for the upgrade or downgrade.

 

5. Billing


5.1 The fee for the sooka Services and any other charges you may incur in connection with your use of the sooka Services, such as your purchase of or subscription to one of the sooka VIP Services, an in-app purchase from the sooka App, and/or any related charges, taxes and possible transaction fees, will be charged to your selected Payment Method on the specific payment date indicated on the Profile Page.

 

5.2 The length of your billing cycle will be determined based on the type of subscription to the sooka VIP Services that you choose when you signed up for the sooka Services. In some cases, your payment date may change, for example (a) when your selected Payment Method, for whatever reason, is not successfully charged to or (b) when you change your subscription pack. You may visit the Profile Page on the sooka Website or the sooka App to check your next payment date.

 

5.3 If, for whatever reason, payment is not successfully paid when it is due, you may not be able to gain access to the Content and/or the services in the sooka VIP Services and we reserve the right to suspend your access to the sooka VIP Services until payment is successfully made. We may then change the applicable billing date to such a date as we deem appropriate. We shall not be liable or responsible for any direct or indirect loss or damage if your access to the sooka Services is suspended pursuant to this Clause 5.3.

 

5.4 You hereby authorise us to continue billing and charging the relevant fees and charges for the sooka VIP Services, to your selected Payment Method for as long as your subscription is not cancelled and you shall remain responsible for any unsettled amount.

 

5.5 All payments for purchases of or subscriptions to any of the sooka Services are payable in advance and, to the extent permissible by law, we will not refund any subscription fees and/or payment that is already paid, and we will also not refund you for partial time periods or unused portions of your subscription to the sooka VIP Services.

 

5.6 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 may choose to pay any applicable fee for the sooka Services by any of the following payment methods (each a "Payment Method"):

 

       6.1.1 by using a valid credit or debit card (issued in Malaysia), which payment will be processed                      via Astro Payment Gateway. A sooka TV Stick Bundled Customer shall have the option                            to choose an easy payment instalment plan with selected banks using the valid credit/debit                    card;


       6.1.2 via App Store or Google Play. You will be billed through your Apple ID or Google account (as                  applicable) the applicable subscription fee and/or charges, and in accordance with the                            relevant billing mechanisms of App Store or Google Play. You agree and acknowledge that                      App Store and Google Play are third parties that operate independently of sooka and that                        you will also be governed by their respective terms and conditions, as applicable; and/or

 

        6.1.3 via any other third parties authorised by sooka.

 

6.2 In selecting any of the Payment Methods set out in Clause 6.1 above, you shall be deemed to have understood and agreed to the terms and conditions of the Payment Method(s) which may apply to you accordingly. You are advised to refer to the relevant terms and conditions before providing your details to any such third party. We shall not be responsible for the information shared with any such third party and will not be held liable for any damages, loss and/or expenses that you may suffer by doing so.

 

6.3 You may update or change your Payment Method at any time by doing so at the Profile Page. Following such update, you authorise us to continue to charge the fee and/or charges for using the sooka Services via the applicable Payment Method.

 

7. Cancellation or Termination


7.1 Depending on the type of subscription to the sooka VIP Services you have subscribed to, your subscription may be automatically renewed on a recurring basis and you will be charged the relevant fees on the applicable billing date, unless you take steps to cancel your subscription in accordance with Clause 7.2 below.

 

7.2 To cancel your subscription to any of the sooka VIP Services:

 

       7.2.1 if you have been paying via Astro Payment Gateway, 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. Upon cancellation, your access to the sooka                      VIP Services will automatically be suspended at the end of the last day of your current billing                  period; or


       7.2.2 if you have been paying via App Store or Google Play, you should visit your account in App                      Store or Google Play and disable the auto-renew button or click unsubscribe, provided that                    you do so at least twenty-four (24) hours before the next applicable billing date. Upon                            disabling the auto-renew button or unsubscribing, your access to the sooka VIP Services                        will automatically be suspended at the end of the last day of your current billing period.

 

8. Rights reserved by sooka


8.1. sooka is entitled at its sole discretion to revise the Content and any fees associated with the Content and the sooka Services at any time and will use reasonable endeavours to notify you of such revisions. Your continued use of the sooka Services means you are deemed to have accepted such revisions.

 

8.2 sooka is entitled at its sole discretion to add or remove a device to/from the list of Authorised Devices from time to time without any prior notice or any liability to you.

 

8.3 sooka reserves the right and shall be entitled, at any time to:

 

       8.3.1 deactivate the sooka Services at any time without notice to carry out system maintenance,                    upgrading, testing and/or repairs;

 

       8.3.2 limit or suspend your access to the sooka Services, without notice, where we are of the                          opinion that such action is appropriate as a result of your use of the sooka Services or in the                  event that you breach any of these sooka Terms and Conditions;

 

       8.3.3 expand, reduce, withdraw and/or modify any part of the sooka Services and/or any Content;

 

       8.3.4 remove, disable and/or suspend 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

 

       8.3.5 change the subscription packs and pricing for the sooka VIP Services 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 fees to give you an opportunity to cancel your                                 subscription before such change takes effect should you wish to do so.

 

8.4 sooka reserves the right at any time and from time to time to amend these sooka Terms and Conditions and any sooka Campaign Terms and Conditions at its sole discretion without notice to you. Such amendments will take effect from such date as sooka may determine, and sooka may publish details of the amendments on the sooka Website and/or the sooka App, as soon as practicable. Your continued use of the sooka Services after such amendments taking effect will constitute an irrevocable and unconditional acceptance of such amendments. If you do not agree to any of the terms of these sooka Terms and Conditions, including any amendments thereof, you may stop using the sooka Services or cancel your subscription to the sooka VIP Services in accordance with Clause 7 herein.

 

9. Your Responsibilities

 

9.1 In order to be authorised by sooka to access and use the sooka Services and to view the Content; you:

 

       9.1.1 must be 18 years or above;

 

       9.1.2 must use the sooka Services and view the Content for your own personal and non                                    commercial use in accordance with these sooka 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 used 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                   you will not permit any other person to, show, play, use, access or view the sooka Services                     and/or any Content for any public or commercial purposes unless with our prior written                           consent;

 

        9.1.6 without limiting sub-clause 9.1.5, will not resell or otherwise charge others for use or access                   to the sooka Services or any Content or for access to any premises where the sooka                               Services or any 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, must provide a valid login e-mail address and password or Facebook,                     Google, and/or 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 any Content and refuse any and all current or future use of the sooka                             Services and/or any Content;

 

       9.1.11  will report any violation of these sooka Terms and Conditions to our customer service team                    via the sooka Website by selecting ’Submit a request’ at the Help Centre link Help Centre;                      and

 

       9.1.12 as a registered user, will safeguard and will not disclose your login details and password(s)                      or permit other persons to use your login details and password to access the sooka                                  Services and/or any Content.

 

9.2 In your access and use of the sooka Services and viewing of the Content, you agree not to:

 

       9.2.1 restrict or inhibit any other persons from using the sooka Services, including by means of                        “hacking” or defacing any portion of the sooka Services and/or the sooka Website;

 

       9.2.2 access or use the sooka Services, the sooka Website, the sooka App or the Content for any                   unlawful purpose or any purpose not expressly authorised by these sooka 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 sooka Services, the sooka Website,                     the sooka App and/or any Content;

 

       9.2.4 remove any copyright, trademark, 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 App, the sooka Website,                    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                         sooka App, the sooka 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 incorporate any software or other materials that contain any virus, worm, time bomb, trojan                    horse, or other harmful or disruptive component;

 

       9.2.11 forge headers or otherwise manipulate identifiers in order to disguise the origin of any                             Content transmitted through the sooka Services;

 

       9.2.12 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

 

        9.2.13 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 sooka 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 Clause 10. If you provide Personal Data for certain reasons, we may use the Personal Data in connection with the reasons for which the Personal Data was provided. Your Personal Data and information may also be used by us, our affiliates or our authorised third parties for the following reasons:

 

        10.1.1 for the purposes of technical administration of the sooka Services;

 

        10.1.2 research and development;

 

        10.1.3 statistical analysis;

 

        10.1.4 customer administration;

 

        10.1.5 profiling services preferences;

 

        10.1.6 finance and marketing operations and activities and/or as required in the provision of our                        services including credit control services;

 

        10.1.7 in compliance with any regulatory, statutory or legal obligation imposed on us by any                              relevant authority;

 

        10.1.8 to operate and provide the sooka Services to you;

 

        10.1.9 to support your questions about the use of the sooka Services;

 

        10.1.10 to detect and prevent fraudulent activity;

 

        10.1.11 to provide other goods and services either by us, our designated representatives and/or                          business partners to you or parties designated by you and matters ancillary thereto;

 

        10.1.12 to verify and process payment when you use the sooka Services;

 

        10.1.13 to verify and record your personal particulars, including comparing it with information                               from other sources and using the information to communicate with you;

 

        10.1.14 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;

 

         10.1.15 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

 

         10.1.16 in accordance with our privacy notice which is available at Privacy Policy.

 

11. Licenses

 

11.1 You may, from time to time, be requested by us to download updates or upgrades for the sooka App and we hereby grant to you a non-exclusive and non-transferable licence for you to store, run and use the sooka App on your Authorised Device(s) in accordance with these sooka Terms and Conditions and any software licence which accompanies the sooka App.

 

11.2 You agree to download and install the latest sooka App on such Authorised Device(s) to be used by you for accessing 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 latest version of the sooka App on your Authorised Device(s) or if you attempt to access the sooka Services from any device that is not an Authorised Device.

 

11.4 You agree and understand that the sooka App may not be supported on selected smart TV models by such smart TV manufacturers as they may choose to discontinue support for the sooka App on such selected TV models. Your continued use of such smart TV shall be subject to the smart TV manufacturer terms which you agree to adhere to. You are adviced to refer to the smart TV manufacturer support terms in this instance. You further agree that in these circumstances, sooka will not be responsible or liable to you for your loss of access to the use of the sooka App on such smart TVs. Your use of the sooka App on other types of Authorised Devices will remain unaffected.

 

12. Links and Advertisements

 

12.1 The sooka Services, the sooka Website and/or the sooka App may contain links to third party websites, including advertisements ("Linked Websites"). You agree that Linked Websites are necessary for us to provide the sooka Services.

 

12.2 The Linked Websites 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 any of the Linked Websites are 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 any link contained in a Linked Website and we do not endorse any content, advertising, products, or other materials on or available from such websites or resources.

 

12.3 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. You hereby expressly relieve us from any liability arising from your use of Linked Websites.

 

12.4 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 your use of or reliance on any such content, goods or services available on or through any such website or resource.

 

12.5 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.

 

12.6 We may use third-party advertising companies to track/collect information generated by you as part of the use of the sooka Services and/or measure advertising effectiveness on the sooka Services,  the sooka Website, the sooka App and our affiliate websites. These companies may use information about your visits to the sooka Services, the sooka Website, the sooka App and our affiliate websites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.

 

12.7 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 we collect, use, and disclose 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 at 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 another’s use of the sooka Services, the sooka App, the sooka Website and/or                      the streaming of Content through your Authorised Device(s) and/or registered account; and

 

        13.1.2 any breach or non-observance of any of these sooka Terms and Conditions by you.

 

13.2 Clause 13 shall survive the termination of your agreement with us for the sooka Services.

 

14. General Warranties & Liabilities

 

14.1 You agree that the sooka Services, the sooka App and the sooka Website are 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:

 

        14.1.1 as to the title, quality, fitness for a particular purpose, merchantability, accuracy,                                      completeness, or standard of quality and resolution of the sooka Services, the sooka App,                      the sooka Website and/or any Content;

 

        14.1.2 as to the transmission continuity and timeliness of the sooka Services, the sooka App, the                       sooka Website and/or any Content;

 

        14.1.3 that the sooka Services will meet your requirements and/or be uninterrupted, without any                       delay or error free;

 

        14.1.4 that your access to and use of the sooka Services will be free of viruses, malicious code or                     other harmful components or otherwise secure;

 

        14.1.5 to maintain the confidentiality of information (although our current practice is to maintain                       such confidentiality);

 

         14.1.6 of the results to be obtained from use of any part of the sooka Services and/or any                                  Content, unless otherwise specifically mentioned in these sooka Terms and Conditions.

 

14.2 You further agree and acknowledge that live events may be subject to change and we shall not be held liable for any cancellation, delay or change in the scheduling of any live event at any advertised time or the appearance of any team(s) or player(s) in any event. 

 

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 sooka Website, the sooka App 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,                         arising from your use of the sooka Services, the sooka Website, the sooka App and/or any                       Content;

 

         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, the sooka Website and/or sooka                      App (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 sooka App, the sooka Website and/or streaming of any Content;

 

14.4 To the fullest extent permissible by law, we will under no circumstances pay any compensation equivalent to an amount more than the amount of fees which you have paid (meaning one (1) month’s subscription fees if taking a subscription or one fee for a day pass, pay-per-view or live event) (even if we have been negligent) for any liabilities under these sooka Terms and Conditions for the sooka Services, the Content, the sooka App, the sooka Website 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. Miscellaneous

 

15.1 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.

 

15.2 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.

 

15.3 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 visit the sooka Website and submit a request at this link Submit a request.

 

15.4 Any notice or communication sent by us shall be treated as received by you immediately upon us sending the same.

 

16. Governing Law

 

These sooka Terms and Conditions are governed by the laws of Malaysia.

 

17. Severability

 

If any provisions of these sooka 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 sooka 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 sooka Terms and Conditions, but all other provisions of these sooka Terms and Conditions shall continue in full force and effect.

 

18. Additional Terms and Conditions for the sooka TV Stick

 

These additional terms and conditions under Clause 18 are only applicable to customers who purchase and/or use the sooka TV Stick:

 

18.1 the sooka TV Stick, once purchased, is non-returnable and non-refundable;

 

18.2 where the sooka TV Stick is purchased via the sooka Website, the sooka TV Stick will be delivered to the address provided by you at the time of purchase, by our logistics partner;

 

18.3 if our logistics partner has attempted to deliver the sooka TV Stick and is unable to deliver the same at the address provided by you, you will have to collect the sooka TV Stick at the address stated in the note left at your premise within the time specified in the note, failing which the sooka TV Stick will no longer be available for collection and no refund will be provided to you;

 

18.4 the sooka TV Stick has a twelve (12) months manufacturer’s warranty from the date of receipt of the sooka TV Stick by you. The warranty covers only defects from the manufacturer and shall not include defect which is caused by any misuse of the sooka TV Stick, wilful or accidental damage, lightning strikes, mishandling or improper installation of the sooka TV Stick by you which is inconsistent with the technical specification and the user manual provided;

 

18.5 your use, access and/or subscription to third party services via the sooka TV Stick may subject you to such third party’s terms and conditions and charges. sooka shall be excluded from all liabilities pertaining to your use, access and/or subscription to third party services; and

 

18.6 if you use, access and/or subscribe to third party services from an unauthorized platform, the manufacturer’s warranty on your sooka TV Stick shall be rendered void.

 

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