HOW OUR SERVICE WORKS
TV/VOD STREAM DELIVERY SPEED
We utilize a province wide network of local broadband providers to send and receive content you have selected through the subscription. Based on performance data from the broadband provider and our own analysis, we have determined that the large majority of our members are able to receive their Video at 2 Mbps or higher to view un-buffered and live video.
PLANS AND CONTRACT RESTRICTIONS
In case any of the TV channels shut down their operations or in case of any dispute between the TV channels and ATOP, the same TV channel will not be transmitted by ATOP; no partial / full refunds are done by ATOP to the customers. We do not provide refunds or credits for any partial-month Subscription period or unwatched content.
PLANS and PACKAGES
ATOP offers various plans and packages on its website to Subscribers. Detail information of current plans and packages are always available on our website. ATOP reserves the right in our sole and absolute discretion to make changes from time to time and without notice to the plans and packages.
SUBSCRIPTION AND BILLING
You can find the specific details regarding your subscription/plan charges with ATOP at any time by logging into your account on the ATOP’s Web site.
We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription. In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your subscription plan, changes in the amount of applicable sales tax, and charges for VOD (if any).
All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging into your Account on the ATOP Web site. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
ATOP issue invoices under its brand name to the Subscribers. Invoices are available online via ATOP website. Printed invoice may be available with an additional processing fee.
Your ATOP subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method. We will bill the monthly subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
ATOP does not provide refunds or credits for any partial-month Subscription period or unwatched contents. Monthly Subscribers must cancel their Subscription before it renews each month in order to avoid billing of the next month's Subscription fees to their Payment Method. Cancellation will be effective from the next billing date only.
To cancel any monthly plan/subscription, please log into your account and follow the instructions on how to cancel your subscription. A cancellation has to be requested at least 3 days in advance before the monthly bill date. No refund shall be done once the billing has occurred. Taxes charged will not be refunded.
ATOP reserves the right to terminate or suspend Subscriber’s account for any or no reason at any time. If an account is terminated by ATOP, the remaining balance of the pre-paid monthly fee, calculated on the daily basis will be refunded to the Subscriber.
There is no refund on the STB (Set Top Box) or other devices, if they have been purchased from ATOP, as it is the property of the subscriber and all device sales are final. ATOP however provide 1 year warranty from the date of purchase on all devices that has been purchased from ATOP. Please refer to Set-Top-Box section for details.
LIMITED ONE YEAR WARRANTY
The Set Top Box, remote and the power supply shall be construed as:
If within 1 (one) year from the date of purchase, if the product fails due to a defect in material or workmanship, we shall repair if possible or replace it free of charge. This warranty applies only to the original purchaser and the device cannot be transferred to a third party.
ATOP shall not be liable for incidental or consequential damages to the purchaser or any other party for any loss, damage, injury, or expense of any kind or nature caused directly or indirectly by the product or the failure of the product to operate properly.
warranty is in Lieu of all other express or implied warranties, including the warranty of merchantability and the warranty of fitness for a particular purpose, are hereby modified to exist only as contained in this limited warranty and shall be of the same duration as the warranty of fitness for a particular purpose are hereby modified to exist only as contained in this limited warranty and shall be of the same duration as the warranty period stated above.
The warranty does not apply to:
- Damage caused by accident, abuse, in handling or dropping;
- Units which have been subject to unauthorized repair, opened, taken apart or otherwise modified;
- Units not used in accordance with directions provided in the box;
- Damages exceeding the cost of the product;
- Depreciated or loss of charge time;
- The finish on any portion of the product, such as surface scratches and/or weathering, as this is considered normal wear and tear.
Warranty service is available by our authorized service facility only or through ATOP’s authorized service centre.
SET TOP BOX REFUND
ATOP does not provide refund on the Set Top Box as it is the property of the subscriber and all Set Top Box sales are final.
ACCOUNT ACCESS AND IDENTITY PROTECTION
In order to provide you with ease of access to your account, both through your computer and the ATOP Set Top Box, ATOP implements technologies that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the ATOP service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. If you sell or return an ATOP STB, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access your account information. To deactivate a device, please consult our customer service.
If you find that you're a victim of identity theft and it involves a ATOP account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. ATOP reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. ATOP is not obligated to credit or discount a subscription for holds placed on the account by either a representative of ATOP or by the automated processes of ATOP.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE ATOP SERVICE, INCLUDING TV CHANNELS/VOD FEATURES, AND FUNCTALITIES ASSOCIATED HEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ATOP SERVICE, THE WEBSITE AND ITS CONTENTS. ATOP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ATOP SERVICE. INCLUDING SHIPMENT OF STB WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT ATOP MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE ATOP SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU.
Without limiting the foregoing, we assume no liability or responsibility for any of the following:
- content contained on or defects from the ATOP service, including damage or defects occurring or caused during shipment;
- errors or omissions in the content delivered by the ATOP service or on the ATOP website;
- recommendations or advice of Customer Service;
- any failures, mis-shipments, delays, or interruptions in the shipment of STB;
- any failure or interruption in the availability of the ATOP service and/or website, including availability of our watch instantly functionality;
- delivery and or display of any content contained on the ATOP website or through the ATOP service, including any movies via our VOD;
- any losses or damages arising from the use of the content provided on the ATOP website or the ATOP service itself. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies from the ATOP service or the descriptions of any movie content contained on our website. We do not represent or guarantee that your use of the ATOP service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon ATOP or its affiliated parties.
In no event shall ATOP, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the ATOP website, its contents or the ATOP service, features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the ATOP service, including any TV Channels, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's subscription fee on your subscription plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
ATOP MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING ATOP SET-TOP-BOX OR THE COMPATIBILITY OF THE DEVICE WITH YOUR MEDIA LIBRARY FUNCTIONALITY.
ENTERTAINMENT AND WEBSITE CONTENT
We stream live TV and we reserve the right to display and promote any content or other information on our website to you in any manner we choose in our sole and absolute discretion. In addition, the ATOP website allows you and other third parties to post reviews or comments concerning the streamed content by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the ATOP website are those of the respective authors or producers and not of ATOP, or its shareholders, directors, officers, or employees. Under no circumstances shall ATOP, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the ATOP website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the ATOP website.
By using the ATOP service, you consent to receiving electronic communications from ATOP. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured contents or other entertainment information or offerings. These communications are part of your relationship with ATOP and you receive them as part of the ATOP subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
ATOP provides customer support and service to active subscribers in what regards to troubleshooting, billing and invoicing. Multiple support touch-points will be available to end-users including:
• Phone support
• E-Mail support
LIMITATIONS ON USE
ATOP and its logo are registered trademarks of ATOPTV. The ATOPTV logo, ATOPcom.com are trademarks or service marks of ATOP. The ATOPTV website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of ATOP. The trademarks, service marks and trade dress of ATOPTV may not be used or reproduced without prior written approval from ATOP and may not be used in connection with any product or service that is not affiliated with ATOP, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of ATOP, or in any manner that disparages or discredits ATOP. Other trademarks that appear on the ATOPTV website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ATOP. Any images of persons or personalities contained on the ATOPTV website are not an indication or endorsement of ATOP or any particular product or our service unless otherwise indicated.
Customers cannot transfer their account to a third party and in case it is done, the said account shall be terminated and no refund of money shall be made.
DISPUTES, ARBITRATION AND GOVERNING LAW
The prevailing party in any action arising from this Agreement shall be entitled to recover from the losing party its reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled from the losing party.