Terms and Conditions of Use
  1. Thanks for choosing NEWCO. By using the NEWCO service, websites, or software applications (together, the “NEWCO Service” or “Service”), including by purchasing or receiving Codes or Limited Offers, your company is entering into a binding contract with NEWCO in registered country of residence (“Local Country”). Your agreement includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy (together with the Mobile Terms where applicable, the “Agreements”). If you don’t agree with these Terms, then please don’t use the Service. In order to use the NEWCO Service, you need to (a) a legitimate and verifiable corporation as determined by the laws where registered (b) the individual activating the Service msut have the authority to enter a binding contract with NEWCO and are not barred from doing so under any applicable laws, to assume the obligations set forth in this Agreement. You also warrant that any registration information that you submit to NEWCO is true, accurate and complete, and you agree to keep it that way at all times.
  2. Changes to the Agreements Occasionally we may, in our discretion, make changes to the Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
  3. Service Area: the Service is offered in following countries: Association of Southeast Asian Nations, China, Hong Kong, Macau, Taiwan, Sri Lanka, Mauritius, Seychelles and the Gulf States (referred to as the “Service Areas”). If the company address is not in the Services Areas, your account will not be activated to receive the Service. We reserve the right to verify any address provided.
  4. Service
    You may listen to the Service on one single Internet enabled device at one time. You may purchase additional online listening Subscriptions (each requires a different username and password). You should not provide your username and password to anyone, and you have the obligation to protect your username and password from unauthorized use. You will not be able to access the Service unless your account for your Subscription is in good standing and you are in compliance with this Agreement. We do not make or install any of the physical equipment, Internet connectivity or web browser software of other hardware or software you may need to use the Service. The Service may be unavailable or interrupted from time to time for a variety of reasons, such as unavailability or difficulties with the Internet generally or with your web browser, computer, wiring or network, or Internet service provider and/or other things we cannot or do not control. The Service functions best when streamed over a broadband connection. If you have not been interacting with the Service when we message your Web Device, we may log you out of the Service. We do not guarantee continuous, uninterrupted or secure access to the Service and are not responsible for any noise and/or interruptions that occur. The Service is intended to be enjoyed within the Service Area only. Your manipulation or “spoofing” of a Web Device or any other activities undertaken to deliver to our servers a false geographical location is a violation of this Agreement. If you disable the geographical location tools on your Web Device and no other method of determining your location is available to us then you will not have access to the geographically restricted channels on your Internet-enabled device regardless of your location.
  5. Use of the Service: The Service is provided only for your business, commercial enjoyment. The company or any of its staff may not make reproduce, rebroadcast, or otherwise transmit our programming, or record, charge admission for listening to or distribute play lists of our programming. If you use any Service for commercial purposes, we reserve the right to charge you the commercial rate retroactively to the beginning of your Subscription. We or any of our programming providers may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction. You assume all responsibility for use of the Site. You agree that any person using your identification issued for the Site will be treated by us as having been authorized by you to access your information as contained on the Site, and take any other actions on your behalf. You will indemnify and hold harmless the Company and its affiliates from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person or entity using your username/password on the Site. You also waive all claims against the Company and its affiliates that may arise from the utilization of the Site. At the end of each online session you should completely log out of the Service. Should the login ID or username/password be lost, stolen, sold, transferred or otherwise removed from your possession without your permission, contact us immediately so that your personal identifiers may be deactivated and reissued. You also may not attempt to override or circumvent any of our usage rules, limitations, or security measures embedded into the Service.
  6. Recorded Content: You may access such Recorded Content only as long as you pay your subscription fee. We reserve the right to change, reduce, eliminate or charge a fee for this and/or any related functionality.
  7. Service Cancellation: We reserve the right to cancel your Subscription at any time if you fail to pay amounts owing to us when due, violate or breach any of this Agreement, or for any other reason in our sole discretion. If your Subscription is cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein.
  8. Service Choices: Subscriptions are available in two programming packages, and we refer to them throughout as "Packages." Subscriptions are also available in two recurring payment plans, and we refer to them throughout as "Plans." Examples of our Plans are "Monthly" and "Annual".
  9. Trials
    From time to time, we may offer trials of the Unlimited Service and/or Mobile Service for a specified period without payment (a “Trial”). BMAS reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability. For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your BMAS account’s settings before the end of the Trial.
  10. Licence and assignment
    The BMAS Service and the content provided through it are the property of BMAS or BMAS's licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the BMAS Service and to receive the media content made available through the BMAS Service in your Local Country, based on the Subscription or Trial you have selected (the “Licence”). This Licence shall remain in effect for a period of 20 years unless terminated by you or BMAS. The BMAS software applications are licensed, not sold, to you, and BMAS retains ownership of all copies of the BMAS software applications even after installation on your Devices. BMAS may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party. All BMAS trademarks, service marks, trade names, logos, domain names, and any other features of the BMAS brand are the sole property of BMAS. This Licence does not grant you any rights to use the BMAS trademarks, service marks, trade names, logos, domain names, or any other features of the BMAS brand, whether for commercial or non-commercial use. You agree to abide by our User Guidelines and not to use the BMAS Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
  11. Consideration
    In consideration for the rights granted to you under these Terms, you grant us the right to allow the BMAS Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service. These Terms are not intended to grant rights to anyone except you and BMAS, and in no event shall these Terms create any third party beneficiary rights. Any failure by BMAS to enforce these Terms or any provision thereof shall not waive BMAS’s right to do so.
  12. User Guidelines
    We’ve established a few ground rules for you to follow when using the Service, to make sure BMAS stays enjoyable for everyone. Please follow these rules and encourage other users to do the same. BMAS respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the BMAS Services or content delivered to you via the BMAS Services, or otherwise any making use of the BMAS Service which is not expressly permitted under these Terms; (b) using the BMAS service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the BMAS Services or any part thereof; (d) circumventing any technology used by BMAS, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by BMAS; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the BMAS Service; (i) providing your password to any other person or using any other person’s user name and password.
  13. Please respect BMAS and other users of the BMAS Service. Don’t engage in any activity on the Service, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of BMAS or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the BMAS inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the BMAS Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or BMAS’s computer systems or network, or breaches any of BMAS’s security or authentication measures, or (l) conflicts with the Agreement, as determined by BMAS. You agree that BMAS may also reclaim your username for any reason. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
  14. Copyright infringement
    BMAS respects the rights of intellectual property owners. For details on BMAS’s copyright policy, please click here.
  15. Technology limitations and modifications
    BMAS will make reasonable efforts to keep the BMAS Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. BMAS reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the BMAS Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the BMAS Service or any function or feature thereof. You understand and agree that BMAS has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
  16. Payments, cancellations and cooling off
    If you have a Paid Subscription, your payment to BMAS will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment and/or terminate the Terms before the end of the subscription period, we will not refund any subscription fees already paid to us. BMAS may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the BMAS Service after the price change takes effect, you accept the new price.
  17. Term and termination These
    Terms will continue to apply to you until terminated by either you or BMAS. BMAS may terminate the Terms or suspend your access to the BMAS Service at any time, including in the event of your actual or suspected unauthorised use of the BMAS Service or non-compliance with the Terms. If you or BMAS terminate the Terms, or if BMAS suspends your access to the BMAS Service, you agree that BMAS shall have no liability or responsibility to you and BMAS will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your BMAS account, please contact us through the Customer Service contact form.
  18. Warranty
    We endeavour to provide the best service we can, but you understand and agree that THE BMAS SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE BMAS SERVICE AT YOUR OWN RISK. BMAS DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, BMAS does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the BMAS Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that BMAS is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the BMAS Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from BMAS shall create any warranty on behalf of BMAS in this regard. Some aspects of this section may not apply in some jurisdictions.
  19. Limitation
    You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the BMAS Service, the Third Party Applications or the Third Party Application content is to uninstall any BMAS software and to stop using the BMAS Service, the Third Party Applications or the Third Party Application content. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BMAS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE BMAS SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER BMAS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE BMAS SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO BMAS DURING THE PRIOR THREE MONTHS IN QUESTION. Nothing in these Agreements removes or limits BMAS’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
  20. Entire agreement
    These Agreements constitute all the terms and conditions agreed upon between you and BMAS and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to BMAS are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by BMAS that are not contained in the Agreements. Please note, however, that other aspects of your use of the BMAS Service may be governed by additional agreements. That could include, for example, access to the BMAS Community for customer support, access to the BMAS Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which are listed in full here. 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 Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms 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.
  21. Severability
    Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
  22. Choice of law, mandatory arbitration and venue
    Unless otherwise required by a mandatory law of a member state of any other jurisdiction, these Agreements are subject to the laws of Hong Kong, without regard to choice or conflicts of law principles. Further, you and BMAS agree to the exclusive jurisdiction of the courts of Hong Kong to resolve any dispute, claim or controversy that arises in connection with these Agreements.