ZAZEEN TV GENERAL TERMS & CONDITIONS
Effective Date: January 22, 2018
The Customer recognizes and accepts that the present terms and conditions may be modified by Zazeen at any time in accordance with the provision herein and any changes will be posted on www.zazeen.com along with the effective date.
These Terms and Conditions govern the provision of and use of residential TV services, including, but not limited to TV services provided by Zazeen or by agents of Zazeen.
2) LIMITATION OF LIABILITY AND INDEMNIFICATION
Zazeen will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of quality. Zazeen aggregate liability to the Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by the Customer during the previous calendar month. IN NO EVENT WILL ZAZEEN, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE.THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT ZAZEEN WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
The Customer agrees to defend, indemnify, and hold harmless Zazeen, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to the Customer or Zazeen in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including but not limited to their provision of incorrect information to Zazeen in connection therewith.
3) PRICES AND SERVICE FEES
Prices for services and/or discount rates may be subject to change upon written notice from Zazeen or its agents. In such cases, the Customer will be informed thirty (30) days before the effective date.
4) FORCE MAJEURE
Not withstanding any other provisions, Zazeen shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control.
5) CHANNEL LINE-UPS
Zazeen will make every effort to update channel listings and provide at least 30 days of notice of any change. Zazeen will not be held financially responsible for any channel changes.
6) UNAUTHORIZED ACCESS
Any unauthorized modification, interfering or tampering with the equipment, wiring, telecommunication facilities including, but not limited to, demarcation points, or unauthorized use of telecommunications in general, is prohibited and may constitute theft of telecommunication service under the Criminal Code of Canada.
7) VIOLATION OF THIS AGREEMENT
Use of the Service in a manner which Zazeen, in its sole discretion, believes violates this Agreement, may result in Zazeen taking any responsive actions it deems appropriate. Such actions may include, but are not limited to, temporary or permanent removal of hosted content, messages or data; and the immediate limitation, suspension or termination of all or any portion of The Service. Zazeen shall not have any liability for any such responsive actions.
The above described actions are not exclusive remedies of Zazeen and Zazeen may take any other legal or technical action it deems appropriate.
Zazeen reserves the right to investigate suspected violations of this Agreement, including the gathering and examination of information from the Customer or Customers and the complaining party, if any. During such an investigation, Zazeen may suspend The Service(s) involved.
8) NO WAIVER
The failure of Zazeen to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
If any portion of this Agreement is held invalid or unenforceable, that portion will either be severed or construed in a way consistent with applicable laws, and the remaining portions will retain their full force or effect.
TERMS & CONDITIONS FOR TV SERVICES
(Herein referred to as “The Service”)
(a) Service Description
The service is provided by Zazeen and provides the transmission of television broadcast programming and on-demand streaming video over broadband High-Speed Internet to Customer supplied compatible HDMI, component video or composite video equipped TV or monitor. The Service requires the Customer to subscribe to a compatible Zazeen broadband High-Speed Internet product through its agent network and may require the purchase or rental of additional hardware components such as but not limited to Set Top Boxes, power-line adapters, and Ethernet routers.
(b) Normal residential, non-commercial use of Service and Equipment
The Service and any equipment are provided or sold to the Customer for personal, residential, non-commercial use ONLY at the location identified in the agent Service order or contract. The Service may deliver television broadcast programming or on-demand streaming video that some viewers may find objectionable. Zazeen is in no way liable for any content delivered. The Customer assumes the full risk and responsibility of employing appropriate parental supervision and discretion in what programming is viewed. Any questions or concerns or complaints the Customer may have regarding such content should be addressed to the content provider.
UNDER NO CIRCUMSTANCES WHATSOEVER IS THE CUSTOMER PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICE OR ANY PORTION THEREOF TO ANY THIRD PARTY
(c) Customer responsibility
The Customer acknowledges that by ordering the Service he will be responsible for the use of the Service made by any other person using his equipment and assumes all liability for such use of the Service. The Customer acknowledges he will be responsible for all charges arising from the use of the Service or hardware whether or not authorized by the Customer. This includes (without being limited to) pay-per-use, video on demand and/or other fees according to the rate in effect at the time of usage. Pay-per-use and video on demand charges are passed through from third party service providers. By using such third party services the Customer accepts responsibility for such charges. It is the Customer’s responsibility to inform Zazeen agents if the device has been stolen, tampered with or used by unauthorized persons or if the device has been altered in any manner in violation of these Terms and Conditions.
The Customer will be responsible for ensuring that other users of the Service understand and comply with these Terms and Conditions.
In addition, The Customer must ensure that his activities do not restrict, disrupt, inhibit, degrade or impede the Zazeen ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.
THE CUSTOMER ACKNOWLEDGES AND SOLELY ACCEPTS THE RISKS ASSOCIATED WITH ANY ONLINE ACTIVITY. THIS INCLUDES, BUT IS NOT LIMITED TO, THE RISKS OF MALWARE, VIRUSES, DATA LOSS, DATA THEFT – INCLUDING PERSONAL AND PRIVATE INFORMATION, CONNECTION FAILURE OR NETWORK OUTAGES.
(d) Prohibited activities
Use of the Service in contradiction of the following restrictions constitutes a violation of this Agreement. The Customer shall not use the Service for the following purposes:
- Accessing or attempting to access data, content, computer systems or services without express authorization of the owner;
- Attempting to circumvent or breach network or system or service security measures put in place by Zazeen or any other service provider or service owner by utilizing but not limited to: IP packet forgery, brute force or systematic intrusion, “man in the middle” attack, cache injection, HTTP/S parameter polluting, Denial of Service attacks or any other system hacking method or vulnerability exploit;
- Illegally using or distributing tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools;
- Collecting or attempting to collect personal information about third parties without their knowledge or written consent;
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these Terms and Conditions, which includes the facilitation of the means to spam;
- Interfering with any computer networks or telecommunications services by, but not limited to Denial of Service attacks, data or ping flooding of an individual
(e) Monitoring of activity
Zazeen reserves the right, but is under no obligation, to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms and Conditions.
Zazeen may at any time be legally required to monitor, record, preserve evidence of the activity of identified Customers or may be required to remove content in whole or in part as a result of court orders and/or warrants or statute, without prior or subsequent notice provided to the Customer.
(f) Ownership of identifiers
The Customer has no ownership or claim to any identifiers provided to the Customer in association with the Service. Identifiers include but are not limited to the Service Account Numbers, Server IP addresses, or login credentials.
ZAZEEN MAY MODIFY OR CHANGE SUCH IDENTIFIERS AT ANY POINT IN TIME AND SHALL IN NO WAY BE REQUIRED TO COMPENSATE THE CUSTOMER FOR SUCH CHANGES.
(g) End-user licenses
The Customer agrees to comply with the applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software provided in connection with the Service. All such end user licenses will terminate upon termination of the Service unless otherwise specified. In the event of any conflict or inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.
(h) Price Volatility and Regulation
Decisions or orders issued by the Canadian Radio and Television Commission (the “CRTC”) or changes in legislation may have a direct impact on content and transmission costs of the Service. As such, the price for the Service may have a certain volatility. While Zazeen will take reasonable steps to ensure price stability, certain price increases may be passed on by agents to the Customer and are beyond Zazeen control.