Terms of use

ACCEPTANCE OF TERMS OF USE

These Terms of Use govern your use of the ATOP service and website. By using, visiting, or browsing the ATOP service through any end-user devices (Set Top Box, Smart TV, computer, tablet or mobile device) or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the ATOP service or website. These Terms of Use are an ongoing contract between you and ATOP and apply to your use of the ATOP service and website. These Terms of Use affect your rights and you should read them carefully.

 

ATOP, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by on the ATOP’s website. The most current version of the Terms of Use will supersede all previous versions.

PRIVACY

Any personally identifying information submitted through the ATOP service or on the ATOP website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

HOW OUR SERVICE WORKS

ATOP is an online IPTV subscription service providing its members with access to online television and other audio-visual entertainment content on Standard or High definition quality streamed over a Virtual Private Network (VPN). We offer a variety of subscription plans at varying price levels, including special promotional plans or subscriptions with limitations on the number of TV-channels/movies during a month. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

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.

BILLING

By starting your ATOP subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee (depending of the selected plan/package), any applicable tax and any other charges you may incur in connection with your use of the ATOP service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your subscription. You can always log into your account page to see the commencement date for your next renewal period. 

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.

INVOICING

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.

ONGOING SUBSCRIPTION

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).

CANCELLATION

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.

SET-TOP-BOX (STB)

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: 

  1. Damage caused by accident, abuse, in handling or dropping;
  2. Units which have been subject to unauthorized repair, opened, taken apart or otherwise modified;
  3. Units not used in accordance with directions provided in the box;
  4. Damages exceeding the cost of the product;
  5. Depreciated or loss of charge time;
  6. 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:

  1. content contained on or defects from the ATOP service, including damage or defects occurring or caused during shipment;
  2. errors or omissions in the content delivered by the ATOP service or on the ATOP website;
  3. recommendations or advice of Customer Service;
  4. any failures, mis-shipments, delays, or interruptions in the shipment of STB;
  5. any failure or interruption in the availability of the ATOP service and/or website, including availability of our watch instantly functionality;
  6. delivery and or display of any content contained on the ATOP website or through the ATOP service, including any movies via our VOD;
  7. 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.

 

FUNCTIONALITY COMPATIBILITY

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.

ELECTRONIC COMMUNICATIONS

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.

CUSTOMER SERVICE

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

You must be 18 years of age or older to become a subscriber of the ATOP service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, our subscription service and the content on the ATOP website, including content viewed through our STB, are for your personal and non-commercial use only and we grant you a limited license to access the ATOP website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the ATOP website, without our express written consent. ATOP does not promote, foster or condone the copying of digitally delivered content, or any other infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ATOP without our express written consent.

INTELLECTUAL PROPERTY

 

COPYRIGHT

The ATOP streams and all content included on the ATOP Web site and delivered to subscribers as part of the service, including movies you can watch, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, data compilations, are the property of ATOP, or its suppliers and are protected by Canadian and international copyright laws or other intellectual property laws and treaties. The compilation of all content on ATOP site is the exclusive property of ATOP, and protected by Canadian and international copyright laws. Content shall not be reproduced or used without express written permission from ATOP, or its suppliers. ATOP reserves the right to terminate your subscription hereunder if ATOP, in its sole and absolute discretion, believes that you are in violation of this paragraph, The use of the ATOP service is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the ATOP website.

TRADEMARKS

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.

ASSIGNMENT

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. 
ATOP may assign or delegate its obligations under this Terms of Use as part of a sale or transfer of a substantial portion of its business to which this Agreement relates.

DISPUTES, ARBITRATION AND GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the province of Ontario, Canada, without regard to conflicts of law’s provisions. You and ATOP agree that the Canadian courts in province of Ontario, Canada shall have exclusive jurisdiction over any dispute between you and ATOP relating in any way to the ATOP service or Web site or these Terms of Use. You and ATOP expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

ATTORNEYS' FEES

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.