The “Products” shall mean the GLBoxTM set top box and any accessories therefor.
The "Service" shall include (a) the Website, (b) the services provided by the Website through subscription, one time fee or otherwise, and (c) the Contents.
The “Contents” shall include all data, text, images, music, sounds, photographs, graphics, video, content, programming and software or other materials made available through the Website
1. LICENSE AND INTELLECTUAL PROPERTY RIGHTS
(a) Grant of limited License.
Ava grants You a non-exclusive, non-transferrable, limited license to view and use the particular channel(s) to which You have subscribed by way of one (1) computer connected to the Website over the Internet at any given time and in strict conformity with these Terms and Conditions.
(b) Intellectual Property Rights.
The Products, Services and Contents are owned by Ava and/or its licensors and content providers and are protected by applicable domestic and international copyright trademarks, service marks, patents or other proprietary rights and laws. You are strictly prohibited from and shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any portion of the Products, Services or the Contents, in whole or in part. Any rights not expressly granted to You are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
(c) Non-Commercial/Personal Use Limitation.
Ava grants You this limited license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Website, without prior written permission. You hereby agree not to use the Products, Services or the Contents, or portion thereof, for any commercial purpose whatsoever.
2. PRODUCTS AND SERVICES, CONTENTS
(a) Products and Services .
Products and Services are as described on the Website. You understand and agree that some services, including particular Contents or programming may become inaccessible or unavailable for viewing at any time and for any reason. Ava shall have no liability with respect to such inaccessibility or unavailability.
(b) Nature of Services .
Ava offers its Services for entertainment purposes only. Ava does not warrant the truth or validity of the information contained on its Website. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, Ava is not responsible for errors in or omissions from the information contained or accessed through the Website.
(c) Third-Party Content.
Each third-party contributor of the Contents is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their contribution, and Ava shall have no responsibility or liability therefor. In addition, Website may contain links to websites that are not owned or controlled by Ava. Ava assumes no responsibility for the content, privacy policies, or other practices of third-party websites. You are encouraged to read the terms and other policies of such websites. By using the Service, You agree that Ava shall not be liable in any manner due to your use of any third-party Content or Website. In addition, Ava will not and cannot censor or edit the content of any third-party site. By using the Website, You expressly relieve Ava from any and all liability arising from your use of any third-party website.
(d) Transmission of Personal Data.
You acknowledge and agree that by providing Ava with any personal or proprietary user information through the Website, you consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Ava's standard business practices. You should be aware that Linked Websites may contain transmission of personal data provisions that differ from the provisions provided herein. Ava is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
(e) Nature of Content.
Ava offers video content of various types including, but not limited to, sports, news, drama, etc. and does not warrant that all Content is appropriate for all age viewers. Minors should only access this Wesite with parental permission. The Website is not intended for use by children under the age of 13.
(f) Registration and Account.
When registering your account, You must provide accurate and complete information as requested, including a valid email address.
Ava may issue You a username and/or password for access to certain portions of, or services provided via the Website. You must hold and secure any such username or password as strictly confidential. Accordingly, You shall not allow friends, family, business associates or other persons access to or use of such username or password. Ava shall not be responsible whatsoever in the event that your password is misappropriated by a third party. You must notify Ava immediately of any breach of security or unauthorized use of your account. Although Ava will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses incurred by Ava or others due to such unauthorized use.
(i) Internet Requirements .
In order to use the GLBoX, You must use a minimum internet connection of 2 Mbps (Bandwidth). Please note that the average internet bandwidth consumption for watching the Contents is 0.35 GB per hour. Internet Service Providers (ISPs) offer both unlimited and limited services. Given the circumstances of the customer with a LIMITED service, the monthly internet bandwidth consumption will increase and therefore may result in a higher monthly bill. (i.e. 100 hours of TV will use approximately 35 GB of internet bandwidth). Ava is not responsible for any additional fees charged to the customer by the Internet Service Provider for increased bandwidth consumption.
3. PRICING AND PAYMENT
Ava Products and Services are available at different price points as advertised on the Website. We reserve the right to change the pricing at any time.
(b) Recurring Fees.
Payment for recurring fees will automatically be charged the regularly recurring subscriber fee until You cancel your subscription (which You may do at any time) or until your subscription is cancelled by Ava. One Time Fees. Pay per View (PPV) and Video on Demand (VoD) assets may be provided on a one time payment basis without any recurring fees.
(c) Payment Methods.
For all web-based purchases, all payments must be made by means of a valid credit card. Ava accepts major credit cards including, Visa and MasterCard. Please be sure to provide the exact e-mail address, telephone number and the billing address your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. If your credit card transaction is approved, and completed through our payment system, then gets charged back or refused for any reason (Bank Charge Back), You will be charged a $25.00 Chargeback fee to cover our bank charges.
(d) Subscription Expiry.
Once your subscription expires, you are required to contact Ava to renew your subscription. If You fail to do so, the service will be disconnected on the expiry date of the subscription. There will be a twenty dollar ( $20) charge to reactivate your account.
4. SHIPPING INFORMATION AND METHOD
All shipments are sent by courier and charged to You at the prices set forth on the Website. Shipments usually got out on the next business day following your order. All shipments outside of Canada are subject to duties and/or taxes. Ava cannot be held responsible for delays caused by UPS or customs.
5. EXCHANGE, RETURN AND REFUND POLICY
All sales made through the Website are subject to our exchange, return and refund policy as stated herein.
(b) Damaged packaging and Defective Upon Receipt Products.
If You receive a Product in damaged packaging, You must report it to us immediately and return the unopened package to us by first calling us to get a return authorization (RMA) number and shipping the Product in accordance with this Section. Ava will take care of the shipping costs so long as the package is returned by the same courier as the original shipment. Upon inspection of the damaged packaging, a new Product will be sent to You. This same procedure will be followed in the event that your Product does not function properly upon receipt. Please note that You must notify Ava of all intended returns within seven (7) days of your receipt of the damaged packaging or defective Product. Please see also the limited warranty set forth in the Terms and Conditions.
(c) 30 Day Refund Policy.
Any purchase of a Product qualifies for a 30 day refund from the date of First Use (as determined by Ava’s internal monitoring system) so long as the total hours of viewing time as determined by Ava’s internal monitoring system (hereinafter “Viewing Time”) does not exceed 20 hours. If You are not satisfied with the Product within thirty (30) days of the date of First Use, You can call customer service for a return authorization (RMA) number. You will be responsible for return shipping costs. Once the Product is received, You will get a full refund for the Product, less a thirty dollar ($30) restocking fee if Viewing Time does not exceed 20 hours. If the Viewing Time is over 20 hours Ava has the right to deduct a $30 restocking fee plus one full month subscription of twenty dollars ($20) for a total deduction of fifty dollars ($50). The box must be in reasonable condition with original packaging and accessories. Ava may reasonably charge for missing items or damage by reducing the amount of the refund. The cost of any item that is not in its original condition, is damaged, or is missing parts for reasons not due to our error will be deducted from the price paid for the Product at fair value of the cost of that item. You can expect a refund in the same form of payment originally used for purchase within fifteen (15) business days of Ava’s receipt of your return. Note, however, that refunds may show up on your credit card up to ten (10) business days after Ava initiates the refund.
(d) Returns after 30 Days .
If the Product is returned more than thirty (30) days after the date of First Use, Ava has the right to deduct, from the initial price of the GLBox, a total of thirty dollars ($30) for a one-time restocking fee plus two full months subscription of forty dollars ($40) for a total deduction of seventy dollars ($70).
(e) Returns after 60 Days .
If the Product is returned more than sixty (60) days after First Use, Ava has the right to deduct thirty dollars ($30) for a one-time restocking fee plus three full months subscription of sixty dollars ($60) for a total deduction of ninety dollars ($90). By way of example:
GLBox Returned within 31 to 60 days = $30 restocking fee + $40 subscription = $70 deducted from purchase price
GLBox Returned within 61 to 90 days = $30 restocking fee + $60 subscription = $90 deducted from purchase price
No refunds will be accepted after 90 days from date of First Use.
(f) GLBox Return.
If you wish to return the Product for any reason pursuant to the refund policies set forth above, the Product must be in perfect condition. All returns must be in their original packaging. If the Product has a manufacture default, it can be exchanged within the first thirty (30) days of the First Use date subject to the terms and conditions set forth in Section 5(i). You will be responsible for the cost of shipping the Product to us, and we will ship the replacement back to you at our cost.
(g) Accessories Return.
Accessories may be returned within 30 days from date of purchase for a full refund. We do not refund any accessories after 30 days. Equipment must be in original condition and in re-saleable condition. Packages must be returned in their original packaging, with any warranty cards, manuals or any other documentation that originally came with the item. We cannot accept returns that are not in original packaging. Items missing pieces or damaged through negligence or misuse are not returnable.
(h) Need for RMA.
All returns and exchanges of the GLBox must be authorized by the GLArab support desk where a return authorization (RMA) number will be issued for the return. No returns or exchanges will be accepted without an RMA number. Please note that in the event of a return or exchange, the cost associated with the hardware portion of your product will be $39.00. The rest of the cost is attributed to the software portion and your service fees. Please note, however, that the licensed software is specific to each GLBox and cannot be transferred between boxes.
(l) Limited Warranty. .
The GLBox has a one year manufacturing warranty, starting from the date of First Use as defined above in Section 5(c). In case of a needed repair or exchange after thirty (30) days and up to one year after First Use, all shipping costs must be paid by the consumer, subject to the RMA requirements set forth in Section 5(h).
(j) Exchange or Upgrade of GLBox.
You may choose to either have your defective GLBox replaced with the same type of box or have it upgraded to a higher model. The following applies to returns and exchanges of GLBoxes within the warranty period:
A. Repair/replacement of a defective box with a refurbished box of the same make and model .
i. We will send the refurbished box to You our expense, and request that You return the defective box to us in the same packaging.
ii. You will be responsible for the return shipment.
iii. The refurbished box will continue with the same warranty period based on the first usage date of the original box.
iv. The warranty period does not start over when a refurbished box is registered and sent back to You.
B. Upgrade from a defective Lower Model GlBox to a refurbished Higher Model GLBox .
i. We will replace the defective lower model GLBox with a refurbished higher model GLBox at the cost of the difference in price between the two boxes.
ii. We will send the refurbished higher model GLBox to You at our expense and request that You return the defective lower model GLBox to us in the same packaging.
iii. You will be responsible for the return shipment.
iv. The refurbished higher model GLBox box will continue the same warranty period based on the first usage date of the original box.
v. The warranty period does not start over when a refurbished box is registered and sent back to You.
C. Upgrade from a defective Lower Model GLBox to a new Higher Model GLBox .
i. You have to follow through with the return policy set forth in Sections 5(f), (g) and (h), and we will apply the credit, if any, as calculated pursuant to Sections 5(c), (d) and (e) hereof, towards a new higher model GLBox
ii. We will ship the new higher model GLBox to the user at our expense and once the new box is received, You will send the defective lower model GLBox back to us in the same packaging.
iii. You will be responsible for the return shipment.
iv. We will monitor the delivery of the new box to ensure that the defective lower model GLBox is blocked and returned to us promptly once the higher model GLBox has been received.
v. This transaction is considered a new purchase and the warranty period will start anew.
(k) Upgrade of a Functioning Lower Model GLBox to a Higher Model GLBox .
i. You will have to follow with the return policy set forth in Sections 5(f), (g) and (h), and we will apply the credit, if any, as calculated pursuant to Sections 5(c), (d) and (e) hereof, to your account towards a new higher model GLBox.
upgrade your GLBox from a lower model to a higher model at any time, the following procedures will apply:
ii. We will ship the new higher model GLBox to You at your expense and once You received the new box, You must use the same packaging to ship the lower model GLBox back to us. You will be responsible for the return shipment.
iii. We will monitor the delivery of the new box to ensure that the lower model GLBox is blocked and returned to us promptly once the higher model GLBox has been received.
iv. We will give You a 10 day grace period to continue using your lower model GLBox until the arrival of the higher model GLBox.
v. During this 10 day grace period, once the higher model GLBox is activated, the lower model GLBox will be blocked.
vi. This transaction is considered as a new purchase and the warranty period will start anew.
(l) GLBox-Viewing Subscription.
If You wish to cancel your GLBox-viewing subscription, a refund will be issued for full unused months only.
(m) Web-Viewing Subscription.
The subscriptions for web-viewing will be charged on a monthly basis. If You wish to cancel your web-viewing subscription, a refund will be issued for unused months only.
6. LIMITED WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
(a) Limited Warranty.
The GLBoX has a one year manufacturing warranty, starting from the date of First Use as defined above in Section 5(d). In case of a needed repair or exchange after 30 days and up to one year after First Use, all shipping costs must be paid by the consumer, subject to the RMA requirements set forth in Section 5(e).
By using the Website, You expressly agree that use of the Website is at your sole risk. The Website is provided on an "AS IS" and "as available" basis. Neither Ava nor its affiliated entities nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the Website will be uninterrupted or error-free or free from viruses, security breaches or the like. Neither Ava nor its Affiliates warrant the accuracy, integrity or completeness of the Products, Services or Contents offered for viewing or sale on the Website. Ava makes no representation or warranty that the Contents in this Website are legal, appropriate or available for use in all geographic locations. Those who choose to access this Website do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent such local laws are applicable. You understand and agree that the Contents are provided by third parties and Ava shall have no responsibility or liability therefor.
(c)AVA AND ITS AFFILIATES DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE PRODUCTS, SERVICES OR CONTENTS SOLD THROUGH THE WESITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
NEITHER AVA NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(e) THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. AVA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF Ava AND ITS AFFILIATES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Ava and its Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. These defense and indemnification obligations will survive these Terms and Conditions and your use of the Website.
(h) Use of the Products.
To reduce the risk of electric shock, fire, or injury while using the Products, please read instructions in the user manuals.
7. GENERAL TERMS
Notices by Ava to You may be given by means of a general posting at the Website. Notices (including questions, complaints, or legal notices) by You may be given by electronic messages or conventional mail, as follows: (i) Electronic mail (e-mail) must be sent to support@GLARAB.com; (ii) Mail and courier deliveries must be sent to: Ava Telecom c/o The Group of Gold Line 300 Allstate Parkway Markham, Ontario L3R 0P2 , Canada.
(b) Governing Law/Forum Selection.
These Terms and Conditions are governed by the laws of the Bermuda, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Bermuda in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms and Conditions or this Website.
(c) Written Agreement.
These Terms and Conditions constitute a written agreement between You and Ava. A printed version of these Terms and Conditions, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. Furthermore, You hereby waive any and all defenses You may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
(d) Entire Agreement.
These Terms and Conditions constitute the entire agreement between You and Ava related to this Website. These Terms and Conditions supersede all prior written, oral, or electronic agreements between You and Ava relating to this Website.
(e) Limitation of Cause of Action.
You and Ava agree that any cause of action arising out of or related to the Products or Services must commence within one (1) year after the cause of action arose or be forever barred.
(f) Ability to Accept Terms of Service.
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, You affirm that You are over the age of 13, as this Website is not intended for children under 13. If You are under 13 years of age, then please do not use this Website.
You may not assign your rights and obligations hereunder. However, Ava’s rights and obligations are fully assignable.
Ava has the right to modify these Terms and Conditions and any policies affecting the Website. Any modification is effective immediately upon posting to the Website. Your continued use of the Website shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Ava in providing the Website, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Products or Services, is to cancel your subscription in accordance herewith. Ava has the right to modify, suspend or discontinue the Website or any portion thereof at any time. Ava may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
(i) Waiver and Severability.
The failure of either party to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in full force and effect.
(k) Access to Your User Account.
You specifically agree that Ava may access your user account where necessary.
(l) Order Acceptance.
Your receipt of an electronic or other form of order confirmation does not signify Ava's acceptance of your order, nor does it constitute confirmation of our offer to sell. Ava reserves the right at any time after receipt of your order to accept or decline your order for any reason whatsoever, with no liability whatsoever
Ava may terminate your access to any part or all of the Services at any time, if Ava decides in its sole and absolute discretion for any reason whatsoever to do so, Ava's total and absolute liability to You will be to refund the unused cost of the Products or Services less any claim for set-off Ava may have against You. If Ava terminates your subscription based on a breach of any portion of these Terms and Conditions, Ava reserves the right to refuse to provide Services to You in the future.
Ava reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to the Website.
©2011 Ava Telecom. All Rights Reserved.