The sooka Services (as defined below) and its website are brought to you by MEASAT Broadcast Network Systems Sdn. Bhd. (“MBNS”) and the following terms and conditions (“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 website https://sooka.my, the sooka app or any other MBNS authorised third party platform or websites. If you subscribed to sooka Services via special campaigns or collaborations which may be made available by MBNS from time to time, the terms and conditions of the special campaigns or collaborations (“Campaign Terms and Conditions”) are to be read together with these Terms and Conditions, and if there is a conflict, the Campaign Terms and Conditions shall prevail.
By accessing the sooka Services, you are deemed to have accepted the Terms and Conditions, and if applicable, the Campaign Terms and Conditions.
1. Definitions.
The following words or expressions shall have the following meanings, unless the context otherwise requires:-
“Campaign Pass” means a purchase or subscription to a series/fixed duration of a live event/game or any other seasonal subscription services offered by MBNS from time to time which are subjected to Campaign Terms and Conditions;
“PPV” means pay-per-view referring to purchase of a one-off live event/game for a fee accessible on one (1) device at any one time;
“Profile Page” means the users’ profile page appearing on sooka app which provides the user details and subscription status;
“Payment Method” means any of the payment methods described in Clause 6 herein;
“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 MBNS at its sole discretion. The sooka Free Service is delivered with advertisements;
“Software” means the software, applications and/or programs from the sooka Services;
“TVOD” means the transaction video on demand referring to the movie rental on sooka Services for a fee;
“VIP Service” or “VIP Membership” means ‘VIP Entertainment’ or ‘VIP + Sports’ or ‘VIP TV’ where relevant;
“VIP Entertainment” means standard sooka Services providing dramas, variety shows and much more which may be made available by MBNS from time to time accessible on one (1) device at any one time;
“VIP + Sports” means VIP Entertainment and all the favourite and live sports accessible on one (1) device at any one time;
“VIP TV” means standard sooka Services with live sports accessible on two (2) devices (EITHER with one (1) connected TV and one (1) mobile device; OR two (2) mobile devices at any one time).
2. General
2.1. Certain content and/or services are provided free of charge to users under the sooka Free Service. Other sooka Services including but not limited to VIP Entertainment, VIP + Sports, VIP TV, Campaign Pass, PPV or other subscription plans as may be introduced by MBNS from time to time are available to users at a fee either at a subscription basis or a one-time purchase fee (“sooka Paid Services”).
2.2 sooka Services is only accessible in Malaysia and is geo-blocked outside Malaysia.
2.3 You must have internet access and supported device(s) to enjoy sooka Services. 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 Depending on the services subscribed or purchased, the sooka Services such as the sooka Free Service may be delivered with advertisements. Unless expressly stated otherwise and save for advertisements originate from the live feeds/ broadcasters, sooka Paid Services will be provided free from advertisements.
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 or ensure that your information is up to date; and
(c) allow the sooka Services to access, preserve and disclose your personal information if required to do so by the law, order or decree from court or otherwise in a good faith belief that such disclosure 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. In order to gain access to premium content and/or services of sooka Paid Services, you are required to purchase or subscribe to sooka Paid Services.
3.3 To purchase or subscribe to sooka Paid Services, you are required to provide us with one or more Payment Method.
3.4 When using the sooka Services, we may offer multiple subscription plans, including memberships offered by third parties. We are not responsible for products and plans offered by third parties. For more information, please refer to Clause 12 below.
4. Subscription to sooka Paid Services
4.1. Your subscription to VIP Membership will continue on a monthly basis until it is terminated in accordance with Clause 7 herein.
4.2. You may upgrade or downgrade your VIP Membership anytime.
a. 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 Method that you used to subscribe to the existing VIP Membership.
b. 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 Method that you used to subscribe to the existing VIP membership plan.
4.3. Unless expressly stated otherwise in the Campaign Terms and Conditions, Clause 4.1 shall also apply to Campaign Pass.
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 purchase or subscription to sooka Paid Services, in app purchase from sooka app, charges, taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the Profile Page. The length of your billing cycle will be determined based on the type of subscription to sooka Paid Services 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 subscription to sooka Paid Services began on a day not contained in a given month. Visit sooka website or sooka app on the Profile Page to see your next payment date.
5.2 If payment is not successfully settled for any reason, you may not be able to gain access to the content and/or services in sooka Paid Services and we reserve the right to suspend your access to the Paid sooksa Services until we successfully receive payment, and we may change the applicable billing date to such a date as we deemed 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 to sooka Paid Services.
5.4 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 sooka 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.
5.5 We will not be liable or responsible for any direct or indirect loss or damage if your access to sooka Services is suspended due to the reasons in Clause 5.2 and Clause 5.4.
6. Payment Methods
6.1. You can choose the following Payment Method:
(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 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 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 Method(s) (as applicable). You are advised to refer to the relevant terms and conditions before payment details are provided to such Payment Method(s). We shall not be responsible for the information shared with such Payment Method(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 Method 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 for VIP Membership will automatically renew on a recurring basis and the fees will be charged on the applicable billing date, once your VIP Membership starts. For the avoidance of doubt, this Clause 7.1 shall be applicable to Campaign Pass (unless the Campaign Terms and Conditions expressly states otherwise) but the automatically renewal will not be applicable to PPV.
7.2. To cancel your VIP Membership/Campaign Pass:
(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/Campaign Pass, your access will automatically be suspended at the end of your end-current billing period.
(b) If you have been paying by App Store or Google Play, you need to do so through the chosen Payment Method, 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 disabled the auto-renew or unsubscribe.
8. Rights reserved by MBNS
8.1. MBNS 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.
8.2. MBNS 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 breach any of these Terms and Conditions;
(c) expand, reduce, withdraw and/or modify any part of the sooka Services and/or any Content ), 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. Content in this clause means any content made available or appearing in the sooka Services 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 accessed through or on the sooka Services; and
(d) change our subscription plans in relation to sooka Paid Servicesand 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.
8.3. MBNS reserves the right at any time and from time to time to amend these Terms and Conditions and any Campaign Terms and Conditions at its sole discretion without notice to you. Such amendments will take effect as from such date as MBNS may determine, and MBNS may publish details of the amendments on sooka website as soon as practicable. Your continued use of the sooka Services will constitute an irrevocable and unconditional acceptance of such amendments. If you do not agree to any of the terms of these Terms and Conditions, including any amendments thereof, you may stop using or cancel your subscription to in accordance with Clause 7 herein.
9. Your Responsibilities
9.1 You:
(a) have to be 18 years or above to access or use the sooka Services;
(b) 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;
(c) 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;
(d) 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;
(e) agree that the sooka Services and Content are only for your private viewing and access and you shall not 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;
(f) without limiting sub-clause 9.1(e), shall 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 Content are viewed;
(g) will abide by all relevant applicable laws and any operating and/or usage rules, as amended from time to time;
(h) as a registered user, in order to apply, use and/or gain access to the sooka Services, you must provide a valid login e-mail address and password or Facebook/ Google/ Apple login details;
(i) will maintain and promptly update any personal data submitted to us and keep it true, accurate, current and complete;
(j) 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;
(k) will report any violation of these Terms and Conditions to our customer service team via sooka website; and
(l) as a registered user, you 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:
(a) 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;
(b) access or use the sooka Services, sooka website, the Content or the Software for any unlawful purpose or any purpose not expressly authorised by these Terms and Conditions;
(c) 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;
(d) remove any copyright, trademark, or other proprietary rights notices contained in the sooka Services and/or the Content;
(e) copy and/or frame any part of the sooka Services or the Content without our prior written authorisation;
(f) 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;
(g) collect any personal data of any users of the sooka Services;
(h) 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;
(i) download, copy, store, rip, distribute, share or re-direct any Content from the sooka Services in any way or through any media;
(j) 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;
(k) incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
(l) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the sooka Services;
(m) 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
(n) 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 sooka 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 the 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 websites ("Linked Websites") and include advertisements. You agree that Linked Websites and advertisements are necessary for us to provide the sooka Services. The Linked Websites 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 we 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, sooka website and other websites. These companies may use information (not including your name, address, email address or telephone number) about your visits to the sooka Services, sooka website and other websites 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:
(a) 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
(b) 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. You further agree and acknowledge that live event/game 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/game at any advertised time or the appearance of any team(s) or player(s) in any event/game.
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:
(a) any damage to or loss of data suffered by you arising from your use of the sooka Services, the Software and/or any Content;
(b) 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;
(c) 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);
(d) 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
(e) any infringement of intellectual property rights arising from your use of the sooka Services, the Software and/or any Content.
(f) 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. 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 use the correspondence address, e-mail address and/or telephone number on the sooka website, which we have given to you for that purpose.
15.4 The notice or communication sent by us shall be treated as received by you: immediately upon sending the email, if sent by email.
16. Governing Law
These Terms and Conditions are governed by the laws of Malaysia.
17. 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.