Fopi provides a monthly based service and Transaction based Service (TVoD) that allows our members to access movies, TV shows, Audio songs and other contents (“Fopi contents”) streamed over the Internet or made available to play offline through the Internet to certain Internet-connected devices ("Fopi ready devices").
- Membership: Your Fopi membership will continue upon signing as the user through the FOPI app using any FOPI ready devices from any of our 3 models of Operation; online streaming, Fopi Pasal and Fopi Hotspot. To use the Fopi service, you must sign into our app using any of the services provided you by the app; eg. Google signin, Facebook signin, etc., you must have Internet access and a Fopi ready device, and provide a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Unless you cancel your membership (For membership based services) before your monthly billing date, you authorize us to charge your next month's membership fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your Fopi membership by clicking on the "Your Account" link available at the top of the application pages of the Fopi under your profile name.
- Geographical Variability: Due to technical and other restrictions imposed by content providers, the Service will be available only in certain locations. The Digital Content (including subtitled and dubbed audio versions of Digital Content) and how we offer Digital Content to you will vary over time and by location. Fopi will use technologies to verify your geographic location. You may not use any technology or technique to obscure or disguise your location.
- Validity of Content: The content for which the fee is paid for to Download using our download centers across Nepal or through online purchase using various payment methods will be valid for upto a certain number days. They are a) a) Movies: Valid for 48 hours for online streaming and 7 days for downloaded movies b) b) Series: 48 hours per episode and c) c) Songs and other Videos: Valid for a month only. After the period of validity is completed, the contents will have to be re-purchased after the end of that validity period of the contents.
- Billing :
- Billing Cycle: The fee charged for TVoD based service will vary upon the content requested by the customers. The price charged may or may not include taxes depending upon the taxation system levied by the respective government of the particular country the content is requested from. For International card users, the final charges will depend upon from which currency is being converted to base currency. As of now, the base currency is Australian Dollar (AUD). Any user requesting and settling the payment from other than AUD, will incur additional foreign exchange rates which will be determined by the respective financial institute/Service provider being used to pay the amount using particular debit/credit card.
- Payment Methods: There are 4 different payment methods currently available on Fopi namely e-sewa, NTC balance and and Fopi Balance under the app for Nepal based market. For countries other than Nepal, you can use your debit/credit card in order to carry out the purchase. 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. Local tax charges may vary depending on the Payment Method used and the country or location the content is being requested. Check with your Payment Method service provider for details.
- Changes to the Price and Service Plans: We may change our service plans and the price of our service from time to time; without any notice. Please keep yourself updated with our site for any changes to the price and service plans. However, we will try our best to inform you before any such changes take place.
- Refunds: The amount used in Fopi shall not be refundable unless it is proven that the content was not played due to the fault of the app.
- Playback Quality; Streaming: The playback resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Digital Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition, ultra-high definition, or high-dynamic-range content.
- General Restrictions: You may not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.
- Audience Measurement: Certain third parties, such as advertisers and content owners, are interested in understanding how their content is performing on Fopi Channels. While viewing certain Channels, Fopi may provide information about your viewing behavior to third parties for purposes of audience measurement and market research.
- Passwords and Account Access: The member who created the Fopi account and whose Payment Method is charged (the "Account Owner") has access and control over the Fopi account and the Fopi ready devices that are used to access our service. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Fopi ready devices that are used to access the service and neither reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Fopi or our partners from identity theft or other fraudulent activity.
- Warranties and Limitations on Liability: The Fopi service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.
- Class Action Waiver: WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FOPI 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 FOPI 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.
- Unsolicited Materials: FOPI does not accept unsolicited materials or ideas for FOPI content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to FOPI.
- Electronic Communications: We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration of Fopi Pasal.
- Update to Terms of Services: While the use of our services and its update regarding Terms of Services, last update date will be valid under any circumstances whatsoever.
Last Updated: 22 September 2018