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IWONDER TERMS OF USE

Overview

iwonder is a global video streaming service that provides users with access to documentary movies, TV series, current affairs programming and other audio-visual entertainment (“movies & TV shows”) streamed over the Internet to select Internet-connected TVs, computers and other devices (“iwonder-approved devices”).

These Terms of Use govern your use of our service. As used in these Terms of Use, “iwonder service,” “our service” or “the service” means the service provided by iwonder for discovering and watching movies, TV shows and other content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

1. Acceptance of Terms of Use

These Terms of Use, which include our Privacy Policy and End User License Agreement (“EULA”) govern your use of the iwonder service. By using, visiting, or browsing the iwonder service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the iwonder service.

The iwonder service is provided by iwonder Pte. Ltd.

2. Changes to Terms of Use

Occasionally, we may at our discretion make changes to the iwonder Terms of Use, including the Privacy Policy and EULA. When we make changes to the Terms of Use that we consider material, we’ll notify you through the service or by email. Such revisions shall be effective immediately; by continuing to use the service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

3. Privacy

Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

4. Communication Preferences

By using the iwonder service, you consent to receiving electronic communications to iwonder relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the iwonder service, or the “My Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation emails and other transactional information) and are part of your relationship with iwonder. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new iwonder features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply follow the unsubscribe link in the email or go to the “My Account” page of our website to manage your iwonder communications. Please review our Privacy Policy for further detail on our marketing communications.

5. Membership, Trial Membership, Billing and Cancellation

5.1 Membership

  • Ongoing Subscription. Your iwonder subscription will continue in effect on a period-to-period basis (either monthly or annually, depending on your membership plan) unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the iwonder service. We will bill the membership fee to your Payment Method at the beginning of each period. If you are subscribed to an annual membership plan, we will notify you by email at least thirty (30) days before your next payment is due to remind you of your right to cancel your membership. You must cancel your membership before it renews each period in order to avoid billing of the next period’s membership fees to your Payment Method.
  • Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with iwonder by visiting our website and clicking on the “My Account” link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

5.2 Trial Membership

From time to time, iwonder may offer trials of the service for a specified period without payment (“Trial Membership”). iwonder reserves the right, at its absolute discretion, to determine your eligibility for a Trial Membership, and to withdraw or to modify a Trial Membership at any time without prior notice and with no liability to the widest extent permitted under Local Country Law. We may charge for Trial Memberships based on the standard fee for the service if we consider that the trial or promotional offer is being abused.

In some cases, we may require you to provide a Payment Method to start your Trial Membership. At the end of such Trial Memberships, we will automatically start billing your Payment Method for monthly membership fees on a recurring monthly basis unless you cancel prior to the end of the Trial Membership period. By providing your payment details in conjunction with the Trial Membership, you agree with this charge. To view the specific details of your membership, including monthly membership price and end date of your Trial Membership period, visit our website and click the billing link on the “My Account” page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your Trial Membership period.

You will not receive a notice from us that your Trial Membership period has ended or that the paying portion of your membership has begun. Click on the “My Account” link on the iwonder website to find cancellation instructions. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

5.3 Billing

  • Recurring Billing. By starting your iwonder membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the iwonder service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
  • Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
  • Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each period (month or year, depending on your membership plan) thereafter unless and until you cancel your membership. We automatically bill your Payment Method each period on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month or year, we may bill your Payment Method on a day in the applicable month, year or such other day as we deem appropriate. For example, if you started your monthly membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the (“VIEW BILLING DETAILS”?) link on the “My Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
  • No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. 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 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.
  • Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the My Account link, available at the top of the pages of the iwonder website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
  • Cancellation. You may cancel your iwonder membership at any time, and you will continue to have access to the iwonder service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the My Account page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click Billing on the “My Account” page. If you signed up for iwonder using your account with a third party as a Payment Method, and wish to cancel your iwonder membership at any time, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the iwonder service through that third party. You may also find billing information about your iwonder membership by visiting your account with the applicable third party.

6. iwonder Service

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the iwonder service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

The iwonder service, and any content viewed through our service, are for your personal and non-commercial use only. During your iwonder membership, we grant you a limited, non-exclusive, non-transferable, license to access the iwonder service and view movies and TV shows through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

You may view a movie or TV show through the iwonder service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to watch will vary by geographic location. iwonder will use technologies to verify your geographic location. IWONDER AUTHORIZES YOU TO ACCESS CONTENT ON UP TO FIVE (5) AUTHORIZED, REGISTERED DEVICES AND TO STREAM CONTENT TO TWO (2) AUTHORIZED, REGISTERED DEVICES AT ANY GIVEN TIME FOR PERSONAL, NON-COMMERCIAL PURPOSES. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.

IN SOME CASES, FOR SELECTED MOVIES OR TV SHOWS, IWONDER MAY PROVIDE YOU WITH A TIME-BOUND LICENSE THAT ALLOWS YOU TO DOWNLOAD, TEMPORARILY STORE AND ACCESS ONE OR MORE MOVIES OR TV SHOWS ON ONE (1) AUTHORIZED, REGISTERED DEVICE FOR PERSONAL, NON-COMMERCIAL PURPOSES FOR UP TO SEVEN (7) DAYS.  After the seven-day period has lapsed, you will no longer be able to access the content offline; to access the content offline, you will need to download the movie or TV show from the iwonder service again. You acknowledge that if during the seven-day period (a) you cease using the iwonder service; (b) the person from who iwonder licenses the movie or TV show requires iwonder to withdraw the content and cease continuing to stream it; you may not be able to continue to access some of the content downloaded, and, to the full extent permitted by law, in that event iwonder will not have any liability to you.

We continually update the iwonder service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

You agree to use the iwonder service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the iwonder service without express written permission from iwonder and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the iwonder service; use any robot, spider, scraper or other automated means to access the iwonder service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the iwonder service; insert any code or product or manipulate the content of the iwonder 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 iwonder service, including any software viruses or any other computer code, files or programs. You also agree not to provide your password to any other person or use any other person’s username and password.

The availability of movies & TV shows to watch will change from time to time, and from country to country. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. Not all content is available in HD. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. iwonder makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a movie or TV show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your approved streaming device.

iwonder streaming software is developed by, or for, iwonder and is designed to enable streaming of content from iwonder through iwonder-approved devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (LINK) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE IWONDER AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the iwonder service. If your approved streaming device is sold, lost or stolen, please deactivate the iwonder-approved device. If you fail to log out or deactivate your device, subsequent users may access the iwonder service through your account and may be able to access certain of your account information.

We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

8. Passwords & Account Access

The member who created the iwonder account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the iwonder account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting iwonder and potentially altering the Account Owner’s control, the Account Owner should not reveal their email address associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

In order to provide you with ease of access to your account and to help administer the iwonder service, iwonder may implement technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the iwonder service, which may include accessing via iwonder-approved devices or website.

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the iwonder website and not through a hyperlink in an email or any other electronic communication, even if it looks official. iwonder 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. iwonder is not obligated to credit or discount a membership for holds placed on the account by either a representative of iwonder or by the automated processes of iwonder.

9. Disclaimers of Warranties and Limitations on Liability; Class Action Waiver

The iwonder service and all content and software associated therewith, or any other features or functionalities associated with the iwonder service, are provided “as is” and “as available” with all faults and without warranty of any kind. iwonder does not guarantee, represent, or warrant that your use of the iwonder service will be uninterrupted or error-free. iwonder specifically disclaims liability for the use of applications, iwonder-approved devices, and iwonder software (including their continuing compatibility with our service).

To the extent permissible under applicable laws, in no event shall iwonder, or its subsidiaries or any of their shareholders, directors, officers, employees or licensors 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.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. therefore, some of the above limitations in this section may not apply to you.

Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. If any provision or provisions of these terms 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.

Where permitted under the applicable law, you and iwonder agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and iwonder agree otherwise, the court 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 proceeding.

10. Promotions

From time to time, iwonder may introduce special offers, rewards, vouchers, gift certificates, payment plans and Trial Memberships which may be subject to specific terms and conditions.

11. Intellectual Property

  • Copyright. The iwonder service, including all content provided on the iwonder service, and all iwonder interfaces created for devices including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software and its compilation is the property of iwonder or its suppliers and is protected by copyright, trade secret or other intellectual property laws and treaties.
  • Trademarks. iwonder is a trademark of iwonder Pte Ltd.
  • Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the iwonder service, please notify us by emailing legal@iwonder.com.

12. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Singapore without regard to conflict of laws provisions.

You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

13. Use of Information Submitted

iwonder 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 through postings to the iwonder service, including the iwonder 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 iwonder service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

14. Customer Support

To find more information about our service and its features, or if you need assistance with your account, please visit the My Account page. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

15. Links

Some of the hyperlinks provided through the iwonder service may lead to other websites or interfaces that are not controlled by or affiliated with iwonder. In addition, other websites or interfaces may link to the iwonder service. iwonder has not reviewed such websites or interfaces and is not responsible for their content or privacy policies.

16. Arbitration Agreement

You and iwonder agree that any dispute, claim or controversy arising out of or relating in any way to the iwonder service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SAIC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Arbitration Agreement. Arbitration uses neutral arbitrators instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, governs the interpretation and enforcement of this provision, and that you and iwonder are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your iwonder membership.

If you elect to seek arbitration, you must first send to iwonder, by certified mail, a written Notice of your claim (“Notice”). The Notice to iwonder must be addressed to: iwonder Pte. Ltd., 1 Keong Saik Road, Singapore, 189109, Attn. Legal Dept. If iwonder initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by iwonder, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If iwonder and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or iwonder may commence an arbitration proceeding.

YOU AND IWONDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and iwonder agree otherwise, 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 proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

17. Entire Agreement

These Terms of Use constitute all the terms and conditions agreed upon between you and iwonder and supersede any prior agreements in relation to the subject matter of these Terms of Use, whether written or oral. Save as mutually agreed by the parties, any additional or different terms or conditions in relation to the subject matter of the Terms of Use in any written or oral communication from you to iwonder are void. You represent that you have not accepted the Terms of Use in reliance on any oral or written representations made by iwonder that are not contained in the Agreements.

Please note, however, that other aspects of your use of the iwonder service may be governed by additional agreements. That could include, for example, complimentary access to the iwonder service through a Member Referral Program. You will agree to separate terms and conditions in those circumstances, which will be separately listed. Those terms and conditions shall govern only with regard to the aspect of the service to which they apply, and are distinct from and supplemental to these Terms of Use, and do not supersede these Terms of Use. To the extent that there is any conflict between those agreements and these Terms of Use, these Terms of Use shall control, except as otherwise provided in these Terms of Use.

Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.

18. Survival

If any provision or provisions of these Terms 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.