AMAZON PRIME VIDEO is offered to subscribers of Globe Telecom, Inc ("Globe").
Please read these ToUs prior to your subscription to and/or use of the Service as a Globe subscriber.
You agree that these ToUs form a legally binding agreement between you and Globe. Your agreement to these ToUs is a requirement for your registration to the Service.
Your continued use of the Service shall be deemed an acceptance of these ToUs, as well as any revision or modification of the same.
DEFINITION OF TERMS:
"Globe Service Subscription Plan" shall mean the prepaid or postpaid, mobile or broadband subscription plan which a Globe Subscriber may avail to enjoy the Globe Services.
"Globe Service" shall mean the mobile telco services and/or the broadband services of Globe or Innove Communications, Inc., respectively.
"Content" shall mean the audio and audiovisual content on the Service, as selected and programmed by Amazon.
"Subscription Fees" shall mean the fees paid to Globe by a Globe Subscriber to be able to enjoy the mobile telco and/or broadband services, and/or for access to the Service.
"Authorized Devices" shall refer to (i) smartphones (with IOS and Android operating systems); (ii) tablets (with IOS and Android operating systems); (iii) connected CE device such as the Google Chromecast HDMI dongle, or such other additional devices as Globe or Amazon may allow.
"Service Subscription Plan" shall mean the prepaid or postpaid subscription to access the Service paid via Direct Carrier Billing.
"Direct Carrier Billing" shall mean that a Globe Subscriber is allowed to pay the Subscription Fee by charging the same directly to the Globe Subscriber’s prepaid account via deduction of the amount, or by adding such cost to such Globe Subscriber’s postpaid bill in accordance with a monthly billing cycle.
"Authorized Billing Partner" means any third party billing mechanism provider engaged by Globe to process and fulfill subscriber orders or Globe’s behalf including but not limited to GCash.
I. USAGE OF THE SERVICE
- You acknowledge and agree that the continued provision of the Service to you by Globe is subject to the following conditions:
- You shall at all times comply with all applicable laws, regulations, or other applicable restrictions on your use of the Globe Service Subscription Plan, the Service or any Content therein;
- You shall ensure that all information you provide to Globe or AMAZON PRIME VIDEO is complete, accurate and up-to-date, and that, in the event of any change in such information, you shall promptly inform Globe of such change, in such form as may be required by Globe;
- You shall bear the sole responsibility for the use and safeguarding of your personal information (e.g. user name, passwords, PINs, etc.) when using the Service; and
- You have paid all applicable Subscription Fees.
- There are no restrictions to the number of registered devices that you can add in your Amazon Prime Video account. You may stream up to three (3) videos at the same time using the same Amazon account. However, you can only stream the same video no more than two (2) devices at a time. You warrant and undertake that you shall use the Service only for personal and non-commercial purposes.
- Streaming, download, re-download, temporary storage, display and viewing of Content shall be subject to the limits and restrictions set out in the AMAZON PRIME VIDEO Terms.
- You shall not reproduce, distribute, modify, publish, license, create derivative work from, offer for sale, or use (in an unauthorized manner) Content and information contained on the Service.
- You shall not remove, alter, deactivate, circumvent, degrade or thwart any protection any Content Protection Technology or mechanism used on or by the Service.
II. BILLING AND PAYMENT
- You acknowledge and agree that you have authorized Globe (or its Authorized Billing Partner, where applicable) to charge you a Subscription Fee, at the current prevailing rate posted on Globe’s website found at https://www.globe.com.ph/ (either an a la carte fee or as part of an aggregate or bundled fee), for the right to access the Service via Direct Carrier Billing in accordance with Globe’s prevailing billing cycles.
- You acknowledge and agree that you are solely responsible for monitoring when your selected Service Subscription Plan ends. This notwithstanding, Globe may, at least three (3) days prior to the end of any applicable Free Trial Period or selected Service Subscription Plan, send you notice that the Free Trial Period or selected Service Subscription Plan will expire on the date stated in the said notice. Unless you signify your intent to renew your subscription to the Service on a paid subscription basis, or to extend your selected Service Subscription Plan, the Service shall cease and Globe and AMAZON PRIME VIDEO shall have no liability to you for such cessation. Once your subscription to the Service is renewed on a paid subscription basis or extended by you, Globe shall be entitled to charge you the applicable Subscription Fee for such subscription via Direct Carrier Billing.
- You are responsible for paying the Subscription Fee due for each Service Subscription Plan period, even if you cancel the subscription before it ends. All payments of Subscription Fees are non-refundable unless required by applicable laws. Any changes to and/or termination of AMAZON PRIME VIDEO accounts, including a subscription under a free trial or bundled promotion, must be done through Globe.
- Globe reserves the right to change and amend, at any time, the Service Subscription Plans, the Subscription Fees for the Service and billing cycles. Such amendments shall be effective upon posting thereof on https://www.globe.com.ph/ or on such date as may be otherwise stated. Your continued use of the Service shall be deemed to be your conclusive acceptance of such amendments.
- Globe may offer free trial or bundled promotions of AMAZON PRIME VIDEO from time to time to eligible subscribers and notify them of the promotion details thereof (including a particular pricing plan, promo period, the terms and conditions for the relevant promotion) via email or SMS sent after successful activation of the applicable Globe Service Subscription Plan.
- You understand and agree that, should you be eligible for and should you avail of a promotion, the terms and conditions applicable to such promotion shall apply during the promotion period and will prevail to the extent that such terms and conditions of the promotion are inconsistent with the terms of this Agreement. In all other matters not covered by the promotion’s terms and conditions, the terms and conditions of this Agreement will continue to apply.
After the promotion period expires, the terms and conditions applicable to the promotion will terminate and this Agreement will apply.
- To redeem the benefits of a free trial or bundled promotion, eligible subscribers will be required to do all of the following within a period specified by Globe from receipt of Globe’s email or SMS:
AMAZON PRIME VIDEO access that are not redeemed by eligible customers within any applicable redemption period specified by Globe shall be forfeited and will not be replaced.
- Complete the verification of their applicable Globe services by clicking the link sent to their email address or via SMS; and
- Sign up for AMAZON PRIME VIDEO account, or log in if they already have an existing account, and agree that either they shall be liable to pay any Service charges via Globe’s Direct Carrier Billing, or, if the promotion is a free trial promotion, that, upon completion of the free trial period, that they shall be liable to pay Service charges via Globe’s Direct Carrier Billing
- You understand and agree that redemption of AMAZON PRIME VIDEO access under a free trial or bundled promotion is subject to the following conditions:
- Redemption can only be applied to valid AMAZON PRIME VIDEO accounts and cannot be applied to any other international AMAZON PRIME VIDEO accounts; and
- Each redemption of AMAZON PRIME VIDEO access can only be applied to one (1) AMAZON PRIME VIDEO account and cannot be shared across two (2) or more AMAZON PRIME VIDEO accounts.
- By signing up for AMAZON PRIME VIDEO account under a promotion, you agree to the following:
- That you are over the age of 18;
- That, in the case of a free trial, you understand and agree that your access to AMAZON PRIME VIDEO will automatically discontinue upon the lapse of the free trial period unless you request for a paid version.
- That, in the case of a paid promotion, you understand and agree that the paid subscription will continue from month-to-month automatically, and that the subscription will be charged monthly to your selected payment method until you cancel your AMAZON PRIME VIDEO account.
- That your right to access AMAZON PRIME VIDEO under a promotion is not transferable and not convertible to cash or kind.
- You understand and agree that, in addition to the terms and conditions applicable to the relevant promotion you availed, your use of and access to AMAZON PRIME VIDEO under a promotion is subject to and governed by the following:
- The Terms and Conditions applicable to your Globe Service Subscription Plan in relation to the underlying Globe service.
IV. ACCESS, USAGE DATA AND OTHER INFORMATION
- Your Globe Service Subscription Plan to which the Service is bundled or your a la carte subscription to the Service is associated with a unique identifier associated with your Service Account. You acknowledge that, in addition to the unique identifier, Globe is able to collect data about you during your registration to the Service, your Globe Service Subscription Plan, your selected Service Subscription Plan, your usage of the Service and your Globe Service Subscription Plan, your location, as well as your viewing and Service payment patterns ("Subscriber Data").
- You agree that Globe may retain all Subscriber Data for the purposes of the Service and notwithstanding termination of the Service.
V. LIMITATION OF LIABILITY
- You acknowledge and agree that the provision of the Service to you is subject to the availability and connectivity of a suitable network infrastructure at the time when the Service is requested or performed. You understand and agree that any failure in the subscriber validation process, as well as the systems or technology underlying the Globe network, the Globe Service and/or the Service could result in a denial to you of access to the Service until such process, system or technology failures are resolved. You acknowledge and agree that Globe shall not in any way be liable for any failure in the subscriber validation process, systems or technology underlying the Globe network or the Service.
- Globe expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind (including warranties of non-infringement of Intellectual Property rights), whether express or implied, statutory or otherwise, or any representations or warranties arising from usage or custom or trade or by operation of law, including without limitation as to the sequence, originality, correctness, completeness, accuracy, merchantability or fitness for any particular purpose, relating to or arising from the use of the Service, Application and / or Website.
- Globe shall not be liable in any way to you for any and all losses, liabilities, costs, damages, claims expenses or compensation (including any refunds) whatsoever (whether direct, indirect or consequential (including damages arising from cyber-attacks)) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise), in connection with:
save where such losses or damages arise directly as a result of Globe's fraud, gross negligence or willful misconduct.
- The download of any software or content from the Service;
- The provision and use of the Service;
- Any defect, error, failure, delay interruption to or disruption of the Service; and/or
- The suspension, termination or discontinuance of the Service.
- Globe shall not be liable in any way to you for any and all losses, liabilities, costs, damages, claims expenses or compensation (including any refunds) whatsoever (whether direct, indirect or consequential (including damages arising from cyber-attacks) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise), in connection with:
- Any omission, defect or error in any content, products or services of any third party website accessed from the Service; and/or
- Any act or omission of any third party mobile application store provider in connection with the distribution of the Service mobile application.
- To the extent that the limitation of liability set out above is not permitted by applicable law, Globe’s liability to you whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from or in relation to your use of the Service or otherwise in relation to the ToU shall not exceed the aggregate amount paid by you to Globe at the material time of loss, or the actual loss or damage, whichever is the lower.
- To the extent permitted by applicable law, GLOBE does not represent or provide any warranty that:
- The Service will meet your requirements;
- The Service will always be available, accessible, function or inter-operate with any mobile network, network infrastructure, system or otherwise to any extent, or such other services as Globe may offer from time to time; and/or
- Your access to or use of the Service will be uninterrupted, timely, secure or error-free.
- To the extent permitted by applicable law, you shall indemnify, defend and hold harmless Globe, and its shareholders, directors, officers, employees, suppliers, licensors and agents, and any third party content providers, (the "Indemnified Parties"), from and against any and all losses, liabilities, costs (including legal costs on a full indemnity basis), damages, claims, expenses, actions and proceedings whatsoever, which may be brought or commenced against any Indemnified Party by any person or which any Indemnified Party may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of:
- Your use of the Globe Service and/or the Service;
- Your breach of any provision of these ToU [and/or the AMAZON PRIME VIDEO Terms; and/or
- Your violation of any rights of third parties, save where such losses, damages, claims, costs, expenses, actions, claims and proceedings are directly caused by Globe’s gross negligence or willful misconduct.
- Your obligations under this Clause shall survive any termination of your relationship with GLOBE or your access to and/or use of the Service, Application and/or Website. GLOBE reserves the right to assume the defence and control of any claims, demands and actions, subject to indemnification by you, in which event you shall cooperate with GLOBE in asserting any available defenses.
VII. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the Philippines, without regard to any conflicts of law rules. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be settled by arbitration in accordance with the Philippine Dispute Resolution Center, Inc. (PDRCI) Arbitration Rules then in force. Any other cause of action the exclusive jurisdiction over which is conferred upon the regular courts shall be filed, prosecuted, or enforced exclusively with/through the appropriate court in the City of Taguig, Philippines.
- If you are a Globe subscriber, Globe reserves the right to suspend, indefinitely or for such period as Globe may consider appropriate, or terminate the Service at any time for causes specified in the Subscription Agreement for terminating your Globe Service Subscription Plan, with immediate effect or on such other date as Globe may state.
- If you decide to suspend or terminate the Service, you must submit a request to Globe (in such form as Globe may specify from time to time) to effect such suspension or termination. You acknowledge and agree that you will be subject to such terms and conditions as may be applicable to you in respect of such suspension or termination.
- Notwithstanding anything contained herein and without prejudice to the above provisions, Globe may suspend (indefinitely or for such period as Globe may consider appropriate) or terminate the provision of the Service to you by written notice to you if:
- You have, or Globe has reason to believe that you have committed a breach of any of the provisions of these ToU, [the Amazon TOU’s], or your Subscription Agreement with Globe;
- You have, or Globe has reason to believe that you have, misused, or are likely to misuse the Globe Service and/or the Service (including any unauthorized use or for any criminal or illegal purpose);
- Globe is required to do so in order to comply with any applicable law or any direction, order or requirement of any regulatory authority or law enforcement body;
- You caused or are likely to cause any failure, interruption, disruption or congestion of or in any network, system or service relating to the Globe Service and/or the Service;
- You have, in Globe’s sole opinion, perpetrated a fraud on Globe, or have acted in a manner which may result in perpetration of such fraud;
- You do not provide, or you have withdrawn your consent given in Clause III above, such that Globe is unable to continue providing the Service to you.
- You shall not be entitled to any payment, compensation or damages from Globe in relation to the termination of the provision of the Service to you. The termination of the provision of the Services to you shall not release you from any liability which had already accrued at the time of the termination.
IX. GENERAL PROVISIONS
- WAIVER. No failure to exercise or enforce, and no delay on the part of Globe in exercising or enforcing its rights under these ToU shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of Globe at any time.
- ASSIGNMENT. You shall not assign, transfer or encumber any or all of its rights, interests and obligations under these ToU without the prior written consent of Globe. You agree that Globe may assign and transfer any or all of its rights, interests and obligations under these ToU to any other entity at Globe’s discretion and without any further consent or agreement required from you. Any such assignment or transfer shall take effect upon posting on Globe’s website or on such date as may be stated.
- NOTICES AND CORRESPONDENCE. All notices and communications by Globe to you may be sent to you by email, SMS or any other means deemed appropriate by Globe. Any such notice, demand or communication addressed to you shall be deemed to have been received by you, in the case of dispatch by email, SMS or other instantaneous electronic communications, immediately upon transmission by Globe.
All notices and requests from you to Globe shall be in writing unless Globe specifies to you otherwise. Globe shall be entitled to regard as ineffective and invalid any notice or request of yours, the receipt of which has not been confirmed by Globe to you.
- SEVERABILITY. Any part of any provision of these ToU that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of the ToU, which shall continue to be valid and enforceable to the fullest extent permitted by law.
- FORCE MAJEURE. Globe shall not be liable to you or be deemed to be in breach of these ToU by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to a Force Majeure Event. A "Force Majeure Event" means any event or circumstance (including any network failure or system downtime in respect of the Service) the occurrence and the effect of which Globe is unable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence and care on the part of Globe.