Terms and Conditions

The following words or expressions shall have the following meanings unless the context otherwise requires:-

“Agreement” means the agreement between Panorama and the Customer constituted by Panorama’s acceptance of the Customer’s offer to subscribe for the Services under the Application Form;

“Application Form” means either the Hospitality / Healthcare Customer Application Form or the Residential Customer Application Form;

“Panorama” means Panorama TV Asia Broadcast Sdn. Bhd. (200301017352 (619772-U));

“Customer” means either the Hospitality / Healthcare Customer or the Residential Customer, as the case may be;

“Personal Data” means personal data and other information collected by Panorama from the Customer including all information and details in relation to the Services provided by the Customer to Panorama;

“Programming Packages” means the various packages of television and/or radio channels provided by Panorama to the Customer in consideration of payment of Subscription Fees;

“Premises” means hotels, hostel, service apartment, service resident, hospital, healthcare establishment, restaurant or house owned or operated by the Customer for the Services at the address stated in the Application Form;

“Reception Equipment” means the Panorama Certified and Authorized Box or Panorama Certified and Authorized Server provided by Panorama which enables the Customer to gain access to and receive the Services;

“Hospitality /Healthcare Customer” means a Customer who owns and/or operates the Premises and whose offer to subscribe for the Services has been accepted by Panorama under the Hospitality /Healthcare Customer Application Form;

“Residential Customer” means a Customer who owns and/or operates the Premises and whose offer to subscribe for the Services has been accepted by Panorama under the Residential Customer Application Form;

“Services” means any services including Programming Packages provided by Panorama to the Customer in consideration of the Subscription Fees.

“Subscription Fees” means the cumulative fees (including rental fees for the Reception Equipment, delivery fees or any other fees agreed to be paid in accordance with the Application Form) payable by the Customer to Panorama for the Services, which may vary depending on the Programming Packages chosen by the Customer, and any special events or services subscribed or opted for by the Customer.

“Contract Term” means the agreed contract period for the Services as specified in the Application Form commencing from the Activation of the Services (as defined under clause 4 below) notwithstanding the date of the Agreement.

“Territory” mean [Malaysia].

Subject to acceptance by Panorama of the Customer’s Application Form for the Services, Panorama agrees to provide the Services to the Customer, in accordance with the terms and conditions of the Agreement. Upon submission of the Customer’s Application Form to Panorama for the Services, subject to clause 7 below, Panorama shall be entitled to conduct a verification and confirmation exercise to determine the accuracy of the information to provide the Services at the designated address/location and the creditworthiness of the Customer and if the Customer is a corporate entity, such Customer shall at the request of Panorama,  provide a certified true copy of the result of a company search conducted with the Companies Commission Malaysia (“CCM”) as at the date of the request or such other date as Panorama may agree.

2. 2. 1. Reception Equipment. The Customer shall receive the Services only using the Reception Equipment provided and authorized by Panorama.
         The Reception Equipment shall have a warranty of three (3) years against manufacturing defects. In the event of such manufacturing defects, Customer shall promptly inform Panorama and Panorama shall at its option repair and/or replace the Reception Equipment. For damaged or faulty Reception Equipment other than a manufacturing defect, the Customer shall be charged a repair and/or replacement fee at such rates prescribed by Panorama.The Reception Equipment shall be used only for the purposes of receiving the Services and at the address and location which the Customer has registered with Panorama. Any other use of the Reception Equipment is prohibited, including the use of the Reception Equipment with any unauthorized application(s). For the avoidance of doubt, unauthorized application(s) shall mean any application that is not pre-installed in the Reception Equipment by Panorama. The Customer shall not by himself or through any third party, in any way whatsoever, directly or indirectly, (i) copy, reproduce, transfer or distribute the algorithm or software or applications part thereof embedded in the Reception Equipment (ii) modify, adapt, alter, translate, or create derivative works from the algorithm or software or applications or part thereof embedded in the Reception Equipment; (iii) merge or incorporate the algorithm or software or applications or part thereof embedded in the Reception Equipment with or into any other algorithm or software or applications; or (iv) reverse assemble, decompile, disassemble, or otherwise attempt to derive the algorithm and/or code for the algorithm or software or applications part thereof embedded in the Reception Equipment and if the Customer fail to comply with the aforesaid restrictions, and the Reception Equipment is damaged or unable to provide the Services in its highest quality, the Reception Equipment shall not be covered the warranty.
         The ownership of the Reception Equipment shall:
         1. for Hospitality / Healthcare Customers, remain at all times with Panorama; and
         2. for Residential Customers, pass to the Customer upon completion of the agreed Contract Term.
            1. The Customer shall use the Reception Equipment for its intended purpose and shall not abuse, misuse or damage the Reception Equipment. The Customer shall use and maintain the Reception Equipment in accordance with instructions provided by Panorama from time to time, whether in writing or otherwise. The Customer shall not resell or rebroadcast the Programing Packages or any part thereof (including but not limited to any advertisement or any forms of media) from the Reception Equipment and if the Customer is found to have resold or rebroadcasted the Programing Packages or any part thereof by Panorama, Panorama may terminate the Agreement as prescribed under clause 9.
            2. Subject to clause 9 (Suspension or Termination) below, if the Services are discontinued or terminated at any time (for Hospitality/Healthcare Customers) or prior to the expiry of the Contract Term (for Residential Customers) for any reason whatsoever either by the Customer or Panorama, Panorama shall be entitled to retrieve the Reception Equipment from the Customer and the Customer agrees to pay to Panorama as liquidated damages, a total sum equivalent to the total Subscription Fees for the entire duration of the unexpired Contract Term , irrespective of the date of termination of this Agreement. All charges that are incurred by Panorama to enforce the retrieval of the Reception Equipment shall be borne by the Customer.
            3. At all times, all equitable and legal rights in the Reception Equipment, including all algorithms, software, applications or other intellectual property embedded in the Reception Equipment shall vest in and remain with Panorama. The algorithm, software, applications or other intellectual property embedded in the Reception Equipment is of a proprietary and confidential nature.
      2. Delivery. Panorama shall deliver the Reception Equipment to the Customer at the Premises in accordance with the terms and conditions of the Application Form. Unless prescribed otherwise, the delivery charges shall be borne by the Customer. The Customer shall ensure that the Premises have all necessary infrastructure including a stable internet connection to enable receipt of the Services via the Reception Equipment. If the Customer wishes to relocate/ transfer the subscription to a new address, the Customer may request Panorama to do so subject to the new premises having the necessary infrastructure to enable receipt of the Services via the Reception Equipment and subject to such further charges prescribed by Panorama from time to time.

Panorama agrees to provide to the Customer the Services at the Premises, via the Reception Equipment at the address stated in the Application Form and as permitted by the terms and conditions of this Agreement. Unless otherwise specified in the Application Form, the Hospitality/ Healthcare  Customer further agrees not to tune in and/or access the Services at areas including but not limited to the Premises’ lobby, lounge, F&B area, office, gym or other common/public areas other than the Premises’ rooms/beds, the number of rooms/beds or at the address/es as registered by the Customer with Panorama and/or channels subscribed herein. The Customer shall immediately notify Panorama in writing should there be any changes to the number of rooms/beds subscribing to the Services. Notwithstanding anything contained in this Agreement, the quality of the Services provided by Panorama shall always be subject to the Customer’s signal strength connection to the internet.

Panorama may request its external auditors to conduct an audit on the warranties and representations made by the Customer, forming the basis for certain terms and conditions in this Agreement. Such audit shall be at Panorama’s expense, including all incidental costs thereto. The Customer hereby agrees that in relation to such an audit, the Customer shall make available all relevant documentation pertaining thereto and render all assistance necessary to facilitate such audit.

The Customer is also prohibited from reselling the Services or charging any fee to any person to view the Services. The Customer shall not, including without limitation, rebroadcast, reproduce, transmit, compress, modify, perform, display, record, duplicate, distribute, tamper, interfere, impose, remove, alter, add or delete the Services in any form whatsoever. The Customer further agrees and acknowledges that this Agreement permits reception of the Services only within the Territory and that the Customer understands that reception outside the Territory may constitute a violation of international copyright and other laws. Please be advised that theft, fraud, piracy or other unauthorised usages of the Services or Reception Equipment may subject the Customer to termination of the Services as provided under clause 9 or civil and criminal sanctions, and Panorama reserve the rights to take legal action either in criminal or civil against the Customer is found involved in the aforesaid actions.

The date of activation of the Services shall be the date of commencement of use of the Services after the Reception Equipment has been delivered, tested and activated (“Activation of the Services”).

1. 1. 1. 1. This Agreement shall commence on the date of Activation of the Services, regardless of the date of execution of this Agreement, and shall continue in full force and effect for the Contract Term and thereafter, this Agreement shall be automatically renewed for a period equivalent to the Contract Term originally specified in the Application Form (whereby the expression “Contract Term” shall now refer to such renewed period) on the same terms and conditions herein contained but subject to the then-current rates of the respective Panorama channels and the Subscription Fees which shall be in accordance to the Programming Packages and the number of rooms/beds count opted by the Customer (where applicable) and agreed between the Parties unless either Party issues a written notice to the other Party at least ninety (90) days prior to the expiry of the then relevant period indicating that the Contract Term shall not be renewed or unless earlier terminated by either Party in accordance with the provisions of this Agreement.
         2. Renewal of Contract Term. In addition, but not in derogation to Clause (a) above, any renewal of the Contract Term shall be for a period equivalent to the Contract Term as specified in the Application Form and any variation to the Contract Term shall be upon the written consent of Panorama.
         3. Downgrade of the Services. The Customer shall not during the Contract Term, downgrade the Services as registered by the Customer with Panorama and/or vary the channels subscribed herein until the expiry of the Contract Term subscribed for, except with the written consent of Panorama
         4. d) In the event of premature or early termination of this Agreement by the Customer for any reason, the Customer agrees to pay to Panorama as liquidated damages, a total sum equivalent to the total Subscription Fees for the entire duration of the unexpired Contract Term, irrespective of the date of termination of this Agreement and the Party who terminates the Services.
         5. Automatic Suspension. The Subscription Fees are payable on a monthly basis in advance on or before the last day of the preceding month. In the event the Subscription Fees or any part thereof are not paid within the stipulated time, Panorama reserves the right to automatically and immediately suspend the Services.
         6. Security Deposit. Panorama may at its discretion and at any time request a Security Deposit from the Customer. Prior to the activation of the Customer’s account or as and when notified by Panorama, the Customer is required to pay Panorama a sum equivalent to two (2) month of the Subscription Fees, or such other amount as may be determined by Panorama from time to time being the security deposit for the full performance of the Customer of its obligations under this Agreement (“Security Deposit”). The Security Deposit may be refunded by Panorama to the Customer free of interest upon the expiry of the Contract Term, provided that the Contract Term is not renewed, or upon the expiry of any extended term and the Security Deposit shall not be allowed to offset against the Subscriptions Fees payable.

      Notwithstanding the above, Panorama reserves the right to forfeit the Security Deposit in the following circumstances:

      1. 1. 1. Termination of this Agreement by the Customer before the Contract Term has expired; or
            2. Customer’s breach of any of the terms and conditions herein.

      In any of the above circumstances, where it results in this Agreement being terminated prior to the expiry of the Contract Term, Panorama shall also be entitled to recover the Subscription Fees and all other fees agreed to be paid for the unexpired Contract Term.

1. Subscription Fees and Reception Equipment.

The Customer shall pay the Subscription Fees on a monthly basis in advance on or before the last day of the preceding month or such other date as set out by Panorama from time to time and for each payment, the Customer shall send the payment receipt to Panorama by way of electronic mail at billing@panoramatvasia.com.my as proof of payment. For Residential Customer, each purchase of Reception Equipment shall be paid upfront whereas Hospitality/ Healthcare Customer shall pay upfront if the Customer purchase the Reception Equipment not more than ten (10) units. At all times, the purchase of Reception Equipment shall be charged separately.

For the payment of Subscription Fees, it shall be paid to Panorama in full during the entire Contract Term, in the manner prescribed in the statement of account or invoice issued to the Customer by Panorama.

2. Billing, Statement of Account and Invoice

Panorama will send the Customer a statement of account or invoice for the Subscription Fees by way of electronic mail (as stated in the Application Form) and if the Customer request the statement of account or invoice to be delivered by mail, delivery charges of RM10.00 (for each statement of account or invoice) will be charged to the Customer. The Customer shall be responsible to notify Panorama in writing if there is a change of the Customer’s electronic mail and/or address to receive the statement of account or invoice and failure to update Panorama on the change of electronic mail and/or address shall not render Panorama responsible if the Customer’s access to the Services is suspended under clause 4(d) and/or clause 9. Notwithstanding whether the statement of account or invoice has been delivered to the Customer or not, the Customer shall always be responsible for prompt payment.

Any statement of account or invoice shall be deemed to be accepted by the Customer after 30 days from the date thereof and the Customer shall not thereafter be entitled to raise any objection in relation to the same. For the avoidance of doubt, nothing herein shall preclude Panorama from correcting at any time any error or discrepancy in the amount stated in the statement of account or invoice. Any advance payments made by the Customer may only cover the Customer’s selection of Programming Packages and may not cover other services or special events purchased by the Customer during any billing period. In such event, the Customer agrees to pay promptly the prescribed fee for such services or special events upon being billed by Panorama. In addition to the Subscription Fees, the Customer’s payment must include all bank charges, services/goods and services tax or any tax(es) imposed by the Government, where applicable. The Customer shall pay Panorama all fees, penalties and handling charges for cheques made payable to Panorama and returned unpaid by the Customer’s bank. In addition, the Customer shall pay all reasonable costs and attorneys’ fees incurred by Panorama in recovering any amounts due from the Customer.

3. Change of Programming Packages

Should the Customer wish to change the Customer selection of Programming Packages at any time after the initial activation, the Customer may request a variation of its choice of channels by giving Panorama one (1) month’s prior written notice thereof and Panorama may at its sole and absolute discretion approve such variation subject to such terms and conditions as it may determine.

In the event Panorama approves of the Customer’s channel variation request, the Customer undertakes and agrees to:

1. renew the Contract Term for the same term specified in the Application Form;
2. maintain the varied channel(s) for at least one (1) month from the date of activation thereof;
3. coincide the activation of the varied channel(s) with the Customer’s current billing cycle; and
4. pay Panorama the revised Subscription Fees for the varied channel(s).

Panorama shall be entitled at its sole discretion to revise the Services and the Subscription Fees or the structure of the Subscription Fees at any time and will use reasonable endeavors to notify the Customer of such revisions. Panorama reserves the right and shall be entitled at any time to (i) add, delete or make changes to the Services, (ii) add or substitute alternative programming or new channels, and (iii) terminate or discontinue any of the channels included in the Services, alter the number of channels and price of each Programming Package, alter the number of Programming Packages or, (iv) reduce the number of hours of the broadcast of any of the channels included in the Services, or (iv) upgrade or update any software currently in use in the Reception Equipment. Panorama shall be under no liability whatsoever to the Customer if any of the rights reserved in this clause 6 are exercised by Panorama, and the Customer shall remain liable to pay the Subscription Fees in full. Panorama also reserves the right at any time and from time to time to amend these General Terms & Conditions and/or such other terms and conditions agreed or accepted by the Customer. Such amendments will take effect from such date as Panorama may determine. The Customer may be notified of such amendments through written notice, electronic mail, Panorama’s website or such other form as Panorama may deem appropriate. The Customer’s continued subscription to the Services will constitute acceptance of the amendments.

Customer agrees to grant consent:

1. To Panorama and its authorized officers to verify any credit information and conduct credit checks on the abovementioned Company/ Entity/ Business/ Applicant, its directors/ its shareholders/ owners/ partners/ guarantors/ individuals/ party providing securities (“security parties”) with Malaysia credit checking authorities including but not limited to Credit Bureau Malaysia Sdn Bhd, Companies Commission Malaysia, and CTOS Data Systems Sdn Bhd)
2. To CTOS Data Systems Sdn Bhd to disclose credit information data relating to the abovementioned Company/ Entity/ Business/ Applicant, its directors/ its shareholders/ owners/ partners/ guarantors/ individuals/ party providing securities (“security parties”) to Panorama for the abovementioned purpose.

By the Customer’s offer to subscribe for the Services, the Customer represents, warrants, covenants and undertakes with Panorama that:

1. it has the full right and power and is free to enter into and perform this Agreement;
2. the information provided by the Customer to Panorama is accurate and truthful;
3. it has secured or shall secure all rights, permits, approvals and licenses required for the performance of its obligations under this Agreement;
4. this Agreement, constitutes a valid and binding obligation on the Customer and shall be enforceable in accordance with its terms;
5. its execution and performance of this Agreement does not and will not contravene any provision of any law or agreement under which the Customer is bound;
6. it has paid or shall pay all taxes, charges and fees legally required of itself relating to the Services and Reception Equipment and any other amounts due under this Agreement;
7. it shall not by any act or omission impair or prejudice any intellectual property rights relating to the Service or any part of it;
8. the Premises which the Customer has registered with Panorama are the Premises which the Customer will receive the Services. The Services shall be used solely for the Hospitality/ Healthcare Customer’s guest for private viewing at such rooms/beds of the Customer’s Premises. Unless otherwise specified in the Application Form, the Services shall not be displayed for areas including but not limited to the Premises’ lobby, lounge, F&B area, office, gym, other common/public areas or commercial establishments other than for the Premises’ rooms/beds where the address/es is registered by the Customer with Panorama. The Customer shall and will not resell the Services or impose any charge on others to view the Services, nor will the Customer rebroadcast, reproduce, transmit, compress, modify, perform, display, record, publicly perform, duplicate, distribute, tamper, interfere, impose, remove, alter, add or delete the Services in any form whatsoever. The Customer shall not use the Reception Equipment in any way not authorized by this Agreement;
9. the Customer will immediately notify Panorama of any change in the information provided or communication made to Panorama, as well as the discovery of any theft, piracy or other unauthorized usages of the Reception Equipment and/or Services (including usage of the Reception Equipment and/or Services outside Malaysia) or any fraud against Panorama;
10. the Customer consent to the use of any information provided by the Customer in the Subscription Form by Panorama, its affiliates, or third parties to whom Panorama may disclose the information for the purposes of its (i) business, (ii) finance or marketing operations and activities (including recovery of any sums outstanding of which any cost associate therein shall be borne by the Customer), or (iii) in compliance with any statutory or legal obligations imposed upon Panorama by any relevant authorities;
11. the Customer consent to Panorama upgrading and/or updating software currently used in the Reception Equipment at any time at its sole and absolute discretion; and
12. the Customer consent to the transfer/storage of any information provided by the Customer to Panorama to its affiliates, or service providers of Panorama or Panorama’s service providers located in countries outside Malaysia. This may happen where Panorama servers or suppliers and service providers are based outside Malaysia or where the Customer uses Panorama’s website and/or Panorama’s Services from countries outside Malaysia. In these instances, Panorama will take steps to ensure that the Customer’s privacy rights are respected in accordance with Malaysia Personal Data Protection Act 2010.
13. The Residential Customer is eighteen (18) years of age or above and resides in Malaysia.
14. the consent of any of its personnel or third parties (e.g., agents, contractors) whose personal data the Customer has provided and disclosed to Panorama has been obtained to allow Panorama to process the same for the purposes of delivering the Services.
15. unless stated otherwise the Customer shall be responsible for the purchase and maintenance of the Reception Equipment and Panorama shall not be liable to the Customer in any circumstances relating to the Reception Equipment;
16. the Customer consents to Panorama upgrading and/or updating software currently used in the Reception Equipment at any time at its sole and absolute discretion;
17. the Customer shall not resell or sublet or transfer or provide the Services and/or the Reception Equipment to anyone;
18. if the Reception Equipment is provided and owned by Panorama and if applicable, the Customer shall allow Panorama to conduct periodic maintenance and/or change/repair/replace/retrieve the Reception Equipment as Panorama deems necessary to enable the Customer to enjoy the Services. The Customer shall allow authorized Panorama personnel access or obtained access to the Customer premises for the aforesaid purpose. If the Customer authorized Reception Equipment is damaged, lost or stolen, the Customer should notify Panorama promptly. In the event that the Reception Equipment is damaged, lost or stolen whilst under the Customer’s custody, Panorama reserves the right to charge the Customer RM500.00 per Panorama Box or RM15,000.00 per Panorama Server (as the case may be) or such other amount as may be determined by Panorama from time to time for the cost of replacement for the damaged, lost or stolen Reception Equipment. Unless and except the Reception Equipment is covered by the warranty, the Customer is entitled to obtain repair services or a replacement of the Reception Equipment from Panorama as it deem fits without any charges by promptly notify to Panorama;
19. if the Reception Equipment is provided and owned by Panorama and if applicable, the Customer shall return and surrender the Reception Equipment to Panorama in the same condition as when it was initially provided to the Customer (fair wear and tear excepted) upon termination and/or expiry of the Services. Failure to return and surrender the Reception Equipment to Panorama in the same condition as when it was initially provided to the Customer (unless the condition of the Reception Equipment upon return and surrender is accepted by Panorama) of which shall result in the Customer being liable to pay Panorama the cost of replacement for the damaged Reception Equipment at the rate as provided in clause 8(r);
20. the Customer hereby agrees to indemnify Panorama and shall keep Panorama indemnified against any loss, damage, liability or expenses arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via the Services or part thereof and from all other claims arising out of any of the Customer’s act or omission or any unauthorized use or exploitation of the Reception Equipment and/or Services or any part thereof.

Panorama shall have the right, in its sole discretion and without notice, to suspend or terminate the Customer’s access to the Services if the Customer breach any of the representations and warranties made above or any other term of this Agreement or if the Customer fails to pay Panorama for the Reception Equipment purchased or use the Reception Equipment in a manner not permitted by this Agreement or determined inappropriate by Panorama.

Subject to clause 4(d), Panorama shall have the right, in its sole discretion and without notice, to suspend the Customer’s access to the Services if the Customer fails to pay for the Subscription Fees in the manner prescribed under clause 5. Unless and except the Customer has paid in full or in part of the amount outstanding and owing to Panorama, Panorama may charge a reconnection fee of RM150.00 per Customer’s Premises to allow the Customer’s access to the Services.

Notwithstanding the above, Panorama may in its sole discretion and without any liability to the Customer suspend or terminate the Customer’s access to the Services at any time for any reason whatsoever. If the Customer has not breached this Agreement and Panorama suspends or terminates the Customer access to the Services, the Customer will be responsible only for payment of Subscription Fees up to the date of such suspension or termination and any amounts due prior to such date. If the Services is terminated by either Party, the Customer agrees to pay to Panorama as liquidated damages, a total sum equivalent to the total Subscription Fees for the entire duration of the unexpired Contract Term, irrespective of the date of termination of this Agreement unless the parties agreed in writing.

This Agreement shall automatically terminate in the event any equipment or combination thereof, including hardware and software used by Panorama in the transmission of its Services, become affected in their performance and/or functionality so as to render it impossible for Panorama to continue to provide the Services. In such event, the sole extent of Panorama’s liability shall be the refund of any advance Subscription Fees paid by the Customer only for the duration of the interruption prior to termination.

Panorama is neither responsible nor liable to the Customer for interruptions suspension or termination of the Services for any reason whatsoever, whether or not within its control, including but not limited to the failure of power, transponders, satellite or satellite transmissions, satellite ground control equipment, signal processing and uplink equipment, acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, sun or other weather outages, explosion, acts, pandemic, endemic or regulations by the government (including the withdrawal of consents, permits or licenses) or failure, termination or cessation by third parties to provide programming/channels included in the Services and any force majeure reasons. Panorama shall not be liable to the Customer for any refunds of the Subscription Fee, or any other claims or for any costs incurred by the Customer in obtaining substitute services, nor for any loss of profits or business or other direct, special, indirect, incidental or consequential damages, even if Panorama has been advised in advance that such loss may occur. Panorama has no liability to the Customer for problems with the Reception Equipment or damage arising from the Customer’s use of the Reception Equipment. Panorama has no responsibility or liability whatsoever for any interruption or loss of Services arising directly or indirectly from the installation of the Reception Equipment by any unauthorized third party. The Customer shall indemnify Panorama and keep Panorama indemnified against all losses, damages and claims, including for injury or death or damage/loss to property, arising from the use of the Services or the Reception Equipment by the Customer or any third party. Panorama makes no warranties or representations whatsoever with respect to the content of the programmes included in the Services, in particular, Panorama does not guarantee the sequence, accuracy, completeness, timeliness or the security of any data or information contained in the Services and shall not be liable for any claim arising out of any act or omission by Panorama or any act or omission by the Customer, including claims for loss or damage, libel, slander, personal injury, damage to property or any other loss arising howsoever caused. The Services are provided on an “as is” and “as available” basis. The Customer acknowledges that he/she uses the Services and relies on information obtained through the Services at his own risk. Panorama does not make any representation and disclaims any warranties of any kind in relation to the Services including but not limited to availability, accessibility, timeliness or security of any content or information transmitted or obtained using the Services or provided to the Customer as part of the Services. Panorama also disclaims all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement to the fullest extent allowed by law. Panorama neither guarantees nor warrants that the Services will be free from any fault, error or interruption nor will Panorama be liable for any inability to use or access the Services, or for the interruption, delay or failure of the Services. Panorama shall not be liable to the Customer or any person claiming through the Customer for any costs, loss or damages (whether direct or indirect), or for loss of revenue or profits or for any special or consequential loss, loss of data, loss of business or loss of anticipated savings of any nature whatsoever (even if Panorama had been advised of the possibility of such losses) due to any nonperformance of Panorama’s obligations including but not limited to: –

1. use or inability to use or access the Services for whatever reasons such as adverse weather conditions, electromagnetic interference, equipment failure or congestion in the Services network, the quality of the Services, information available or obtained via the Services or arising out of any action taken in response to or as a result of such information available or obtained via the Services;
2. any upgrading or modification to the Services as deemed necessary by Panorama;
3. any act, omission, error, default by Panorama and/or Panorama’s related companies, its officers, employees and agents in relation to the Services;
4. any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the Services and any claims arising out of any act, omission, negligence or default by the Customer in relation to any part of the Services;
5. any interruption, suspension, termination, malfunction, unauthorized use, defect or loss of the Reception Equipment and/or the Services for any reason whatsoever;
6. any loss, distortion or corruption of data arising out, or from the use, of the Services;
7. the use of any equipment (whether provided by Panorama or otherwise) which does not guarantee reliability and signal strength quality; and
8. any inconvenience caused to the Customer.

Notwithstanding any other terms herein, the Customer agrees that the maximum liability of Panorama to the Customer or any third party for any cause of action (whether in contract, tort or other causes of action) shall in no event exceed one (1) month of the current Subscription Fees payable by the Customer to Panorama.

Any communication or notice to Panorama should be in writing and sent by way of post at the address of Panorama TV Asia Broadcast Sdn. Bhd., B5/5/5 One Ampang Business Avenue, Jalan Ampang Utama 1/2, 68000, Ampang, Selangor, Malaysia marked for the attention of the “Manager” or by way of electronic mail at info@panoramatvasia.com.my. All correspondence and notices by Panorama to the Customer will be sent in writing to the most recent mailing address provided by the Customer to Panorama or by email to the Customer’s email address registered with Panorama. Notices will be considered as received upon hand delivery or upon the fifth business day after posting or, in the case of email, upon electronic confirmation of the transmission of the email to the Customer’s email address.

The Customer does not have the right to assign or transfer any part of the Customer’s rights or obligations under the Agreement to any other party without the prior written consent of Panorama. Panorama may assign the whole or part of the rights in the Agreement to any third party without the Customer’s consent.

The Agreement is governed by the laws of Malaysia.