Terms & Conditions of Use
Welcome to TapGO TV. TapGO TV provides a subscription television streaming service that provides our members access to movies and shows (“TapGO TV content”) from a selection of Linear Channels and OTT-originated services that can be streamed through smart TVs, digital media players, and apps (iOS and Android) (“TapGO TV ready devices”).
By availing of our service, you are deemed to have accepted these Terms and Conditions of Use, which shall govern your use of the same.
As used in these Terms and Conditions of Use, the term “TapGO TV Service” shall refer to the personalized service provided by TapGO TV for searching and watching TapGO TV content, including all its features and functionalities.
1. Membership
1.1. Your TapGO TV membership will continue based on your subscription and will be subject to automatic renewal until terminated. To use the TapGO TV service you must have Internet access and a TapGO TV ready device. You shall choose one or more Payment Methods to avail of our service. “Payment Method” shall refer to a valid, and acceptable method of payment, as may be updated from time to time. This may involve payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).
1.2. We may offer a number of membership plans. This may include memberships offered by third parties in conjunction with the provision of their own products and services. We emphasize that we shall not be held liable for any of the products and services provided by said third parties. Membership plans may be subject to different conditions and limitations. These shall be disclosed to you upon signing in or in other communications made available to you. You can find specific details regarding your TapGO TV membership by visiting our website and clicking on your Account page.
2. Promotional Offers
At TapGO TV’s discretion, we may offer special promotional plans or memberships (“Offers”). Offer eligibility is determined by TapGO TV at its sole discretion. We reserve the right to cancel an Offer and suspend your account if we determine that you are not eligible. You allow us to use certain information associated with your TapGO TV membership to determine Offer eligibility. The eligibility requirements, including limitations and conditions, shall be disclosed when you apply for the Offer, or through other communications.
3. Billing and Cancellation
3.1. Billing Cycle. The membership fee and other charges you may incur in connection with your use of TapGO TV service, shall be charged based on your preferred Payment Method on the payment date provided on your “Account” page. We offer a variety of subscriptions with different billing cycles. You shall choose any of these when you sign up for the service. Membership fees are fully earned upon payment. Please take note that your payment date may change if your Payment Method has not been successfully settled when you change your subscription plan. To view your next payment date, please visit our website and click on the “Billing details” link on the “Account” page. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If your Payment Method involves an account with a third party service provider, you must consult said party for all inquiries regarding your billing information.
3.2. Payment Methods. Before using the TapGO TV service, you must first provide TapGO TV with one or more Payment Methods. In the event that your primary Payment Method is declined or is no longer available, you authorize us to charge all necessary fees through any Payment Method of our choice. You shall be liable for any unpaid charges or fees. If for any reason, said fees or charges are not paid, we may suspend your subscription until these are paid or until we have charged you on the basis of a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.3 Updating your Payment Methods. To update your Payment Methods, simply go to the “Account” page on our website. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue charging you through the applicable Payment Method(s).
3.4. Cancellation. You can cancel your TapGO TV membership at any time. Upon cancellation, your account will automatically close at the end of your current billing period. The instructions for cancelling your membership can be seen in the “Account” page on our website. If you signed up for TapGO TV using your account with a third party as a Payment Method and wish to cancel your TapGO TV membership, you shall do so through said third party.
3.5. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service at any time, in our sole and absolute discretion. Except as otherwise expressly provided for in this Terms and Conditions of Use, any changes to the price or to your subscription plan shall take effect upon notice to you.
3.6. No Refunds. Payments are nonrefundable. Neither shall refunds or credits be allowed for partially used membership subscriptions. However, at any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are to be determined upon our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances. Under no circumstance are we obligated to provide credits in the future.
4. TapGO TV Service
4.1. You must be at least eighteen (18) years old to be able to subscribe to the TapGO TV service. Those under the age of eighteen (18) may only use TapGO TV service when under the supervision of a parent or legal guardian and under the latter’s account.
4.2. TapGO TV service and all content viewed through our service are only for your personal use. This cannot be used for any commercial purpose whatsoever. Neither can it be shared with individuals outside your household. During your TapGO TV membership, we grant you a limited, non-exclusive, and non-transferable right to access the TapGO TV service and view TapGO TV content. Except for the foregoing, no right, title or interest shall be transferred to you. Finally, you agree not to use TapGO TV service for any public performances including but not limited to public broadcasts online or at commercial establishments.
4.3. You may view TapGO TV content primarily within the country of registration. Said content may also be viewed in geographic locations where we have licensed such content. The available content will vary for each geographic location. The number of devices with which you may simultaneously watch depends on your chosen subscription plan. This is specified on the “Account” page of our website.
4.4. The TapGO TV service, including the content library, is regularly updated. In addition, we continually test various aspects of our service. You can turn off your participation in said tests at any time by visiting the “Account” page and changing the “Test participation” settings.
4.5. Some TapGO TV content may be downloaded and viewed offline using certain devices (“Offline Titles”). There shall be restrictions on the number of Offline Titles that may be stored for each account, the number of devices that can store Offline Titles, and the time period for viewing said titles. Some Offline Titles may not be viewed in certain countries.
4.6. You agree to use the TapGO TV service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations. Except as explicitly authorized in these Terms and Conditions of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained in or obtained from or through the TapGO TV service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the TapGO TV service; use any robot, spider, scraper or other automated means to access the TapGO TV service; reverse engineer or disassemble any software or other products or processes accessible through the TapGO TV service; insert any code or product or manipulate the content of the TapGO TV service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the TapGO TV service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms and Conditions of Use or are engaged in illegal or fraudulent use of the service.
4.7. The quality or clarity of the TapGO TV content’s display may vary depending on the device used. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats (HD, Ultra HD or HDR) This may also vary depending on the plan subscribed to. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 1.0 Mbps. A download speed of at least 3.0 Mbps per stream is recommended to receive HD content. A download speed of at least 15.0 Mbps per stream is recommended to receive Ultra HD. Please check with your Internet provider for information on possible Internet data usage charges. TapGO TV makes no representations or warranties regarding the quality of your watching experience on your device.
4.8. The TapGO TV software is developed by TapGO TV and may exclusively be used for streaming and viewing of TapGO TV content. This software may vary per device. Functionalities may also vary depending on the device used. You agree to receive, without further notice or prompting, updated versions of the TapGO TV and related third-party software.
4.9. TapGO TV shall not be responsible for issues pertaining to your device and its compatibility with the TapGO TV service. Such issues shall be addressed by the entity that manufactured and/or sold you the TapGO TV ready device. Therefore, we do not take responsibility or otherwise warrant the performance of TapGO TV ready devices, including their continued compatibility with our service.
5. Passwords and Account Access.
The member who created the TapGO TV account, whose payment is charged in accordance with the chosen Payment Method (the “Account Owner”) is responsible for all activities undertaken with said TapGO TV account. To maintain control over the account and prevent anyone from accessing it without the owner’s consent, the latter shall not reveal the password or details of the account’s Payment Method to anyone. You shall remain responsible for updating and ensuring the accuracy and correctness of the information you provide with respect to your account. We can suspend or even terminate your account for the purpose of protecting you, TapGO TV or our partners from identity theft or other fraudulent activity by third parties. You are not entitled to any credit or discount for the suspension of your account caused by either a representative of TapGO TV or by the automated processes of TapGO TV. If your TapGO TV ready device is sold, lost or stolen, please deactivate the TapGO TV ready device simply by logging out or deactivating said device. Failure to do so may enable subsequent users to access your account and its corresponding details. To deactivate a device, simply follow instructions on the “Account” page of our website.
6. Disclaimers of Warranties and Limitations on Liability
6.1. THE TAPGO SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, INCLUDING FEATURES OR FUNCTIONALITIES ASSOCIATED WITH OUR SERVICE, ARE UNDERSTOOD TO BE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR THOSE PROVIDED BY LAW. TAPGO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TAPGO SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TAPGO SHALL NOT BE HELD LIABLE FOR ANY ISSUES THAT MAY ARISE FROM THE USE OF APPLICATIONS, TAPGO READY DEVICES, AND TAPGO SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCE SHALL TAPGO, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE TO YOU FOR PERSONAL INJURY OR ANY DAMAGES WHATSOEVER.
7. Arbitration Agreement
7.1. You and TapGO TV agree that any dispute, claim or controversy arising out of or relating in any way to the TapGO TV service, these Terms and Conditions of Use and this Arbitration Agreement, shall be determined through arbitration or in a small claims court. Nothing in this Arbitration Agreement shall be construed as limiting any non-waivable statutory rights. By agreeing to these Terms and Conditions of Use, you consent to the applicability of the Philippine Alternative Dispute Resolution Act of 2004, Republic Act No. 9285, which shall govern the interpretation and enforcement of this provision. As a result of this Arbitration Agreement, you and TapGO TV hereby waive your right to commence suit through a court action (except for small claim actions), or to participate in any class action. This arbitration provision shall remain effective despite the termination of this Agreement and/or the termination of your TapGO TV membership.
7.2. Before any arbitration or action for small claims may commence, you shall send a written Notice (“Notice”) of your claim to TapGO TV, by certified mail. Said Notice to TapGO TV must be addressed to: General Counsel, Tap Digital Media Ventures Corp., 777 Katarungan Street, Plainview, Mandaluyong City, Metro Manila 1550, Philippines , (“Notice Address”). Similarly, if TapGO TV initiates any action for arbitration, it shall send a written Notice to the email address you provided. A Notice, whether sent by you or by TapGO TV, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and TapGO TV do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or TapGO TV may commence an arbitration proceeding or file a small claims action.
7.3. YOU AND TAPGO AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. Further, unless consented to by both parties, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class suit. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void and shall not affect the validity of the other provisions in these Terms and Conditions of Use.
8. Miscellaneous
8.1. Governing Law. These Terms and Conditions of Use shall be governed by and interpreted in accordance with Philippine laws without regard to conflict of laws provisions.
8.2. Unsolicited Materials. TapGO TV does not accept unsolicited materials or ideas for TapGO TV content, and shall not be held liable for similarity of any of its content or programming in any media to materials or ideas sent to TapGO TV. Should you send any unsolicited materials or ideas, you do so with the understanding that you shall not be entitled to any consideration of whatever form, and you are waiving any claim against TapGO TV and its affiliates regarding the use of such materials and ideas, even if the material or idea used is substantially similar to the material or idea you sent.
8.3. Feedback. TapGO TV is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or postings to the TapGO TV service, including the TapGO TV website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the TapGO TV service. In addition, you agree not to enforce any “moral rights” over your Feedback, to the extent permitted by law.
8.4. Customer Support. You may visit the TapGO TV Help Center on our website for any inquiries about our service and its features, or if you need assistance with your account. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we may have full access to your computer. If you wish to deny TapGO TV of such access, you should not consent to said support through the remote access tool. In such cases, we shall assist you through other means. Any conflict between these Terms and Conditions of Use and the information provided by Customer Service or other portions of our website, these Terms and Conditions of Use shall control.
8.5. Survival. If any provision or provisions of these Terms and Conditions of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
8.6. Changes to Terms and Conditions of Use and Assignment. TapGO TV may, from time to time, and at its sole discretion, alter these Terms and Conditions of Use. Said revisions shall be effective immediately. However, for existing members, these revisions shall, unless otherwise stated, shall take effect thirty (30) days after their posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable TapGO TV service.
8.7. Communication Preferences. We shall send all information relating to your account in electronic form only, such as through email. You agree that any notices, agreements, disclosures or other communications that we send to you electronically satisfy any legal communication requirements, including that such communications be in writing.
8.8 Data Collection. You agree that your application, enrollment, purchase, maintenance, access or continued use of the TapGO TV service shall be deemed as your acceptance and agreement to provide Personal Data (as defined under the Data Privacy Law of 2012 and its implementing rules and regulations), customer data and account or transaction information or records (collectively, the “Information”) relating to you with TapGO TV, and that from time to time the Information may be processed, profiled or shared to, by and between TapGO TV and any of its affiliates and subsidiaries (collectively, “TapGO TV Group”) or each of the Authority (foreign or domestic) or Data Recipients (whether in or outside the Philippines) and for the purposes as set out in TapGO TV’s Data Statement in force provided by TapGO TV to you from time to time or for compliance with any law, regulation, government requirement, treaty, agreement or policy or as required by or for the purpose of any court, legal process, examination, inquiry, audit or investigation of any Authority.
