CIGNAL, TV INC.
Terms and Conditions
I agree to the terms & conditions of MY CIGNAL TV (https://my.cignal.tv) which cover provisions on payments through credit/debit/debit card below:
a. In order to access certain services through MY CIGNAL TV, you may be required to provide information about yourself such as but not limited to the following: your name, date of birth, address, telephone number/s, mobile phone number/s, email address, marital status, etc. and CIGNAL TV account number/s. By providing these information, you consent to the collection and processing of your personal or sensitive personal information as defined in the Data Privacy Act of 2012. You can always manage your privacy settings in MY CIGNAL TV;
b. You may also be required to provide your bank, credit/debit card details and other similar information especially when you enroll in any online payment facility within MY CIGNAL TV. When using any online payment facility provided MY CIGNAL TV, you will be redirected to the payment page of CIGNAL TV’s online payment provider where you may be required to encode your bank and/or credit/debit card information. When you provide your bank and/or credit/debit card information, you consent to the collection and processing of these information (including any personal or sensitive personal information as defined in the Data Privacy Act of 2012) by CIGNAL TV’s online payment provider. Your bank and/or credit/debit card information are not collected, processed or stored by CIGNAL TV.
c. You may see a Php10.00 charge when adding or enrolling your debit or credit card in MY CIGNAL TV. This charge is temporary and is done solely to validate your debit and/or credit card details. This charge is automatically voided once the validation process is completed.
d. You shall keep your contact details and account information updated via any of CIGNAL TV’s Customer Service touchpoints. CIGNAL shall not be liable for any misinformation nor miscommunication arising from its inability to contact you owing to your failure to update its contact and payment details;
e. CIGNAL may make available to you certain payment processing methods to facilitate the payments for the purchase of Services from MY CIGNAL TV. You agree to abide by any relevant terms & conditions or other legal agreement, whether with CIGNAL or a third party, that governs your use of a given payment processing method. You agree that CIGNAL reserves the right to add or remove payment processing methods at its sole discretion and without notice to you;
f. For payments made via MY CIGNAL TV, it shall be your responsibility to verify that all transaction information and other details are correct. In the event of any discrepancy or error resulting from the online payment transaction, you shall course your dispute through your credit or debit card’s issuing bank;
g. In the event that: (1) your payment is not credited to your account; (2) you are charged multiple times for the same payment transaction; or (3) you experience a situation analogous to the foregoing, reimbursement of the amounts already paid shall be made in the following manner:
1. You shall contact your credit or debit card’s issuing bank and make the formal request for a chargeback or reversal. In the event the issuing bank finds that the disputed transaction is eligible for chargeback or reversal, the issuing bank shall coordinate with CIGNAL’s acquirer to initiate the chargeback or reversal process.
2. CIGNAL shall thereafter issue a credit voucher to its acquirer and such acquirer shall credit the amount to be reversed in your credit/debit card account.
h. In the event that the payment via credit/debit card is rejected or declined for any reason whatsoever, you shall immediately settle your outstanding balance directly with CIGNAL TV, INC. through CIGNAL TV, INC.’s authorized payments centers, without need for further demand or notice from CIGNAL TV, INC.
i. You understand and agree that you have no recourse against CIGNAL’s acquirer regarding any complaints or disputes relating to payments made by you for purchases from MY CIGNAL TV. Should you have any complaints or disputes regarding such payments, you shall notify your credit/debit card’s issuing bank and/or CIGNAL regarding the same, in accordance with the procedure set forth in Section 4 of these additional Terms.
Full Terms and Conditions
1. Description
a. MY CIGNAL TV is owned and operated by CIGNAL TV, INC. Your use of MY CIGNAL TV is governed by the MY CIGNAL TV Terms and Conditions at https://my.cignal.tv and these Additional Terms and Conditions Governing the Use of MY CIGNAL TV (collectively, the “Terms”). The Terms are binding on CIGNAL and yourself, and your respective successors-in-interest, heirs and assigns and shall not bind third parties.
b. You may use MY CIGNAL TV to apply for CIGNAL TV products and services (each, a “Service” and collectively the “Services”). You agree that you are solely responsible for all purchases that you make through MY CIGNAL TV and the fees associated with such purchases.
c. You shall be required to accept the Terms by clicking to agree or accept the same where these options are presented to you within MY CIGNAL TV.
d. In order to use MY CIGNAL TV, you must be 18 years of age or older. By using MY CIGNAL TV, you warrant that you have legal capacity to enter into agreements with CIGNAL TV through MY CIGNAL TV. Your use of MY CIGNAL TV includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
2. CIGNAL’s Provision of MY CIGNAL TV
a. You understand and agree that CIGNAL may permanently or temporarily stop providing MY CIGNAL TV (or any features within MY CIGNAL TV) to you or to users generally at CIGNAL’s sole discretion, without prior notice to you.
b. You agree that if CIGNAL disables access to your account, you may be prevented from accessing MY CIGNAL TV, your account details or any files that are stored in your account.
c. You agree that due to the nature of the internet, CIGNAL does not warrant fast,efficient and uninterrupted access to MY CIGNAL TV at all times. A stable and reliable internet connection is required to avoid any online transaction from being interrupted.
3. Use of MY CIGNAL TV
a. In order to access certain services through MY CIGNAL TV, you may be required to provide information about yourself such as but not limited to the following: your name, date of birth, address, telephone number/s, mobile phone number/s, email address, marital status, etc. and CIGNAL TV account number/s. You agree that any such information you provide to CIGNAL TV will always be accurate, correct and up to date.
b. You agree to use MY CIGNAL TV only for purposes that are permitted by (a) the Terms and (b) any applicable laws, regulations or generally accepted practices or guidelines in the Philippines.
c. You agree not to access (or attempt to access) MY CIGNAL TV by any means other than through the interface that is provided by CIGNAL TV, unless you have been specifically allowed to do so in a separate agreement with CIGNAL TV. You specifically agree not to access (or attempt to access) MY CIGNAL TV through any automated means (including use of scripts, crawlers or similar technologies from time to time).
d. You agree that you will not engage in any activity that interferes with or disrupts MY CIGNAL TV (or the servers and networks which are connected to MY CIGNAL TV). You agree that you will not use MY CIGNAL TV in a way that interferes or disrupts any servers, networks, or websites operated by CIGNAL TV or any third party.
e. You agree that you are solely responsible for (and that CIGNAL TV has no responsibility to you or to any third party for) your use of MY CIGNAL TV, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which CIGNAL TV may suffer) of any such breach.
f. You agree that CIGNAL TV owns all right, title and interest in and to MY CIGNAL TV and the rights, title and interest in the Services available through MY CIGNAL TV, including without limitation all applicable Intellectual Property Rights relating to the Services. "Intellectual Property Rights" means any and all intellectual property rights wherever in the world and whenever arising (and including any application), including patent laws, copyright, trade secrets, know-how, confidential information, business names and domain names, computer programs, trademark laws, service marks, trade names, utility models, design rights, semi-conductor topography rights, database rights, goodwill or rights to sue for passing off, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any component of the Services, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Services, (iii) use the Services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter CIGNAL TV's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within MY CIGNAL TV or CIGNAL TV’s Services.
4. Payments for Purchases Through MY CIGNAL TV
a. CIGNAL TV may make available to you certain payment processing methods to facilitate the payments for the purchase of Services from MY CIGNAL TV. You agree to abide by any relevant terms and conditions or other legal agreement, whether with CIGNAL TV or a third party, that governs your use of a given payment processing method. You agree that CIGNAL TV reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.
b. You may also be required to provide your bank, credit/debit card details and other similar information especially when you enroll in any online payment facility within MY CIGNAL TV. When using any online payment facility provided MY CIGNAL TV, you will be redirected to the payment page of CIGNAL TV’s online payment provider where you may be required to encode your bank and/or credit/debit card information. When you provide your bank and/or credit/debit card information, you consent to the collection and processing of these information (including any personal or sensitive personal information as defined in the Data Privacy Act of 2012) by CIGNAL TV’s online payment provider. Your bank and/or credit/debit card information are not collected, processed or stored by CIGNAL TV.
c. You shall keep your contact details and account information updated via MY CIGNAL TV’s Customer Service. CIGNAL TV shall not be liable for any misinformation or miscommunication arising from its inability to contact you owing to your failure to update its contact and payment details.
d. For payments to be made via MY CIGNAL TV, it shall be your responsibility to verify that all transaction information and other details are correct. In the event of any discrepancy or error resulting from the online payment transaction, you shall course your dispute through your credit/debit card’s issuing bank.
e. In the event that: (1) your payment is not credited to your account; (2) you are charged multiple times for the same payment transaction; or (3) you experience a situation analogous to the foregoing, reimbursement of the amounts already paid shall be made in the following manner:
i. You shall contact your credit/debit card’s issuing bank and make the formal request for a chargeback. In the event the issuing bank finds that the disputed transaction is eligible for a chargeback, the issuing bank shall coordinate with CIGNAL TV’s acquirer to initiate the chargeback process.
ii. CIGNAL TV shall thereafter issue a credit voucher to its acquirer and such acquirer shall credit the amount to be reversed in your credit/debit card account.
f. You understand and agree that you have no recourse against CIGNAL TV’s acquirer regarding any complaints or disputes relating to payments made by you for purchases from MY CIGNAL TV. Should you have any complaints or disputes regarding such payments, you shall notify your credit/debit card’s issuing bank and/or CIGNAL TV regarding the same, in accordance with the procedure set forth in Section 4(d) of these Additional Terms.
5. CIGNAL TV Services Applied For or Purchased Through MY CIGNAL TV
a. Should you wish to apply for a new Service, or upgrade your existing Service, you may accomplish your application online. However, your application for new Service or Service upgrade shall be subject to your submission of certain requirements to CIGNAL TV, the availability of CIGNAL TV’s facilities to provide the Service or Service upgrade, and to CIGNAL TV’s evaluation of your application.
b. You shall be notified if your application for new Service has been approved and will be provided with instructions regarding payments prior to Service activation or Service upgrade implementation.
c. You understand that the Services are governed by CIGNAL TV’s or its subsidiary’s or affiliate’s Terms and Conditions found in https://my.cignal.tv and agree to read, understand and abide by the same.
6. Export Restrictions
The Services available on MY CIGNAL TV may be subject to laws, administrative regulations and executive orders of those authorities responsible according to any applicable laws relating to the control of imports and exports of the Services (“Export Laws”). You agree to comply with all applicable Export Laws and you shall not export or re-export directly or indirectly (including via remote access) any part of the Services to any country to which a license is required under the Export Laws without first obtaining a license.
7. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless CIGNAL TV, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from your use of MY CIGNAL TV, including your use of any Services, or your violation of the Terms.
8. Termination
a. These Additional Terms will continue to apply until terminated by either you or CIGNAL TV as set out below.
b. If you want to terminate your agreement with CIGNAL TV under these Additional Terms, you may do so by ceasing your use of MY CIGNAL TV.
c. CIGNAL TV may at any time, terminate your right to use MY CIGNAL TV with you if: (a) you have violated any provision of the Terms; or (b) CIGNAL TV is required to do so by law; or (c) CIGNAL TV decides to no longer provide/ maintain MY CIGNAL TV.
d. When the contract governed by the Terms terminates, all of the legal rights, obligations and liabilities that you and CIGNAL TV have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
9. DISCLAIMER OF WARRANTIES
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF MY CIGNAL TV AND ANY SERVICES PURCHASED OR OTHERWISE OBTAINED THROUGH THE USE OF MY CIGNAL TV IS AT YOUR SOLE RISK AND THAT MY CIGNAL TV IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY AW.
b. YOUR USE OF MY CIGNAL TV AND ANY SERVICES PURCHASED OR OTHERWISE THROUGH THE USE OF MY CIGNAL TV IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIGNAL TV FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY SERVICES PURCHASED OR OTHERWISE OBTAINED THROUGH MY CIGNAL TV.
d. NONE OF THE SERVICES ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
10. LIMITATION OF LIABILITY
a. CIGNAL TV SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF MY CIGNAL TV OR ANY SERVICES PURCHASED OR OTHERWISE OBTAINED FROM MY CIGNAL TV, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT CIGNAL TV OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
11. GENERAL LEGAL TERMS
a. These Additional Terms for MY CIGNAL TV constitute the entire legal agreement between you and CIGNAL TV and govern your use of MY CIGNAL TV. You confirm that, in agreeing to entering into these Additional Terms, you have not relied upon any representations or statements not expressly incorporated herein.
b. You agree that if CIGNAL TV does not exercise or enforce any legal right or remedy which is contained in Additional Terms (or which CIGNAL TV has the benefit of under any applicable law), this will not be taken to be a formal waiver of CIGNAL TV’s rights and that those rights or remedies will still be available to CIGNAL TV.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Additional Terms is invalid, then that provision will be removed from these Additional Terms without affecting the remaining provisions. The remaining provisions of these Additional Terms will continue to be valid and enforceable.
d. The rights granted in the Additional Terms may not be assigned or transferred by you without the CIGNAL TV’s prior written approval. You are not permitted to delegate your responsibilities or obligations under these Additional Terms without CIGNAL TV’s prior written approval. Notwithstanding the foregoing, you shall be responsible for the use of MY CIGNAL TV and any purchases made through MY CIGNAL TV by any other person using your account and MY CIGNAL TV credentials through your fault or negligence.
e. These Additional Terms shall be governed by the laws of the Republic of the Philippines and you and CIGNAL TV hereby irrevocably submit to the exclusive jurisdiction of the courts of Mandaluyong City, to the exclusion of all other venues.