Now TV Terms and Conditions

Capitalised terms are defined in clause 24 of these Terms and Conditions                     

The following terms and conditions (“Terms and Conditions”) apply to your use of the Now TV services, and form part of and are incorporated by reference to your Contract(s) with us for the Now TV services. When you use or access the Now TV services or otherwise view the content thereto, you are deemed to have understood and agreed to be bound by these Terms and Conditions:

1.The Now TV services that we provide

1.1 We provide and transmit the Now TV services and Content to you by internet streaming, IPTV to a Now TV Set-Top Box and/or other means we decide.

1.2 A Now TV Set-Top Box is only provided to subscribers who have subscribed to a Now TV pack or service plan that includes a Now TV Set-Top Box or otherwise purchase or rents a Now TV Set-Top Box from us.

1.3 If you have subscribed to a Now TV service plan with a Now TV Set-Top Box or otherwise receive Now TV services through a Now TV Set-Top Box, you are subject to certain applicable terms and conditions set out herein, including without limitation, the terms and conditions in clause 4. If you have subscribed to a Now TV service plan without a Now TV Set-Top Box, you will be able to access Now TV services by using the Now Apps and Now TV Website.

1.4 Content on Now TV services is restricted to a subscriber who have registered for a designated login ID (which is currently a “Now ID” account). You may only access such Content by using your Now ID and your login credentials (such as passwords or other available authentication methods (if any)).   Various Content available on the Now TV services is only accessible by registered Now ID account holders who have subscribed to relevant channels or packs on our Now TV services.

1.5 All conditions and warranties relating to our supply of the Now TV services, Equipment, devices and other goods and services implied by law are excluded to such extent permissible by the applicable law.

1.6 We shall use reasonable care and skill in providing the Now TV services. However, we cannot promise that the Now TV services will be continuous or fault-free, or, the Equipment or devices we provide will never be faulty.

1.7 We decide the method, technical means and route that we use to provide the Now TV services.

1.8 When you ask for any Now TV service, we decide whether to provide it to you based on, among other factors:

(a) the specific Now TV service(s) that you ask for;

(b) its availability to or coverage in the areas where you live or where the Now TV services will be installed;

(c) your eligibility for the Now TV services;

(d) you meeting our credit requirements;

(e) whether you owe us any money for any services previously provided to you by us or any other PCCW group companies;

(f) whether the credit card or other acceptable payment information provided by you or any third party for payment of the Now TV services is up to date and accurate;

(g) if applicable, whether the payment of the relevant Now TV services is made successfully according to the payment terms; and

(h) whether you have violated these Terms and Conditions or other terms and conditions relating to services provided by Now TV Limited and/or its affiliates.

If we decide not to provide the Now TV services to you for any reason (whether or not specifically described in this clause 1.8), you agree that we can reject your Application Form for the Now TV services without liability to you.

1.9  Now TV services and its Content (including without limitation services and Content transmitted through televisions connected with the Now TV Set-Top Boxes, Now Apps, the Now TV Website and/or any other means) are strictly restricted for use in the Hong Kong only.

1.10 Your contract for Now TV services (“Contract”) comprises your Application, and the prevailing version of the Now TV Terms and Conditions, Now TV Service Guide, Now TV App/Website Terms and Conditions, and any all other additional terms and conditions of the services that you have subscribed for (such as Now H1 Smart Box Terms of Use or other applicable terms and conditions of Now TV Set-Top Box(es)), and any amendments thereto from time to time. Please visit nowtv.hk/terms-and-conditions for details.

2.Third-Party Services

2.1 Depending on your chosen Now TV services, certain Third-Party Services may also be available for access and use by you through the Now TV services, Now Apps, Content and/or Equipment. You agree to comply with the applicable terms and conditions specified by us and/or the relevant Third-Party Providers if you choose to access or otherwise use -their Third-Party Service through the Now TV services, Now Apps, Content and/or Equipment.

2.2 In providing access to such Third-Party Services, you agree that we are not responsible or liable for:

(a) the act, negligence or omission of such Third-Party Providers;

(b) your use of or inability to use, any Third-Party Service; and

(c) the transaction or any disputes between you and such Third-Party Providers.

2.3 Please note that certain Third-Party Services which provide content, such as Netflix and HBO, adopt classification ratings and/or systems that are different from those applicable to Hong Kong. This may result in content that would have been restricted to those 18 years or above under Hong Kong law, being classified as being suitable for viewers less than 18 years of age. You agree to ensure that no one below the age of 18 views such content. Parents and guardians are advised to monitor their children’s viewing of content from Third-Party Services to ensure that their children do not view such content if they are less than 18 years of age.

3.Certain Terms and Conditions relating to Now TV services

3.1 Now TV services can only be accessed through a compatible television connected to Now TV Set-top Box, Now Apps on compatible mobile devices and/or specific smart televisions, and/or Now TV Website on compatible computer operating systems, browsers and applications.  Please visit FAQ section https://nowplayer.now.com/setting-sn-faq and/or https://nowtv.hk/support for details.

3.2 The Now TV Set-top Box, Now Apps (including, without limitation, the Now TV App), Now TV Website and the Content are strictly restricted for use in the Hong Kong only.  You are strictly prohibited from using the Now TV services when you are not located in Hong Kong.

3.3 If you have not subscribed to a Now TV pack or service plan with a Now TV Set-Top Box, you may download certain Content on up to two (2) compatible device (and live or on demand content can be viewed on no more than two (2) compatible devices simultaneously) and access such Content for a period expiring upon the earlier of: (a) seven (7) days thereafter; or (b) the expiry date of your subscription to the applicable channels and/or services on our Now TV service.

3.4 The Now Apps, Now TV Website and the Content require an internet connection with sufficient bandwidth. You are responsible for paying any costs for Internet, data communication or data transmission costs incurred by using the Now Apps, Now TV Website and/or the Content.

3.5 You will not be able to use any of the Now TV App/Website to view Now TV 4K content if:

(a) your mobile devices, computers, equipment, operating systems, browsers and applications of the mobile devices and/or computers and/or network bandwidth do not have the necessary specifications to support viewing of 4K content (please refer to nowtv.now.com/support/ or contact us for the latest information);

(b) the channels or programmes to which you subscribe to are not available in 4K versions; or

(c) the 4K versions of channels or programmes to which you subscribe to are not available for viewing on the Now TV App/Website,  and/or other Now Apps.

3.6 The stability and quality of video streaming; and users’ ability to use all features of the Now TV services through internet streaming depends on and are affected by the condition of mobile devices, computers, equipment, operating systems, browsers and applications of the mobile devices and/or computers and/or internet bandwidth and connections, internet connection speed, technical feasibility, device compatibility and various factors.

3.7 Compared to Now TV services without a Now TV Set-Top Box, a Now TV Set-Top Box may offer certain additional features for subscribers, including, without limitation:

(a) If you do not subscribe to Now TV Service with a Now TV Set-Top Box, you may watch live or on demand content on no more than two (2) compatible electronic devices simultaneously; if you subscribe to Now TV Service with a Now TV Set-Top Box, you may watch live or on demand content on no more than three (3) compatible electronic devices simultaneously (one of which shall be a Now TV Set-Top Box);

(b) subscribers without a Now TV Set-Top Box may experience more latency and delays in viewing certain content (such as certain live broadcasts) as compared to subscribers with a Now TV Set-Top Box;

(c) a few channels or programmes available on Now TV services may not be available for viewing in 4K unless you use a Now TV Set-Top box;

(d) certain user interfaces are different between the Now Apps and the Now TV Set-Top Box;

(e) a Now TV Set-Top Box comes with an associated physical remote-control handset;

(f) Now Dollars are only available to subscribers that subscribes to Now TV services with a Now TV Set-Top Box;

(g) subscribers to Now TV services without a Set-Top Box will not earn any Clubpoints for any spending in relation to Now TV services unless settlement of relevant charges are by designated payment methods (please contact our customer service for further details); and

(h) a few designated content is not available for subscription unless a subscriber uses a Now TV Set-Top Box.

3.8 Starting from July 14, 2023, all users of the csl/1O1O/Club Sim service plan can enjoy waiving data usage and related charges incurred when streaming Now TV video contents on Now TV App. However, the data waiving does not include browsing, downloading, and updating the applications mentioned above. To avoid confusion, the data exemption does not apply to viewing video ads played within Now TV App (such as banner ads), or from any other websites targeted within the two apps (such as third-party ads). The data usage derived from browsing or downloading content within the apps mentioned will be deducted from your data service plan.

3.9

Now TV will broadcast all Premier League matches in Hong Kong exclusively on pay TV for the seasons of 2024/25 to 2027/28. Designated matches will be delivered in 4K per season. Customers are required to subscribe SD/HD/4K Connection and Now TV Set-Top Box Rental Fee together in order to view the 4K version of the channels (including matches in 4K resolution). Now TV will also broadcast LALIGA EA SPORTS matches in Hong Kong on pay TV for the coming two seasons, from 2024/2025 to 2025/2026. Please note that Now TV cannot guarantee live broadcast of all matches of each LALIGA EA SPORTS seasons. UEFA Champions League, UEFA Europa League, UEFA Europa Conference League, Bundesliga and Formula One are provided by beIN SPORTS. Now TV will broadcast selected National Basketball Association (“NBA”) games in Hong Kong on pay TV for the coming two seasons, from 2024/2025 to 2025/2026. Please note that Now TV will select the games to be broadcasted at its discretion and Now TV does not guarantee broadcast of any specific NBA game. Customers can also catch up on selected NBA games that were broadcasted live on Now Sports 641 (CH.641) and NBA TV (CH.642) through the “On-Demand” Service. All program content and matches are subject to cancellation and/or suspension by the rights holders and/or event organizers. The dates and times of all aforementioned matches and sporting events may be subject to change from time to time, please refer to official announcements by the rights holders and event organizers for the latest information.

Please note that  Now TV Limited cannot guarantee the continued availability of the channels, programmes and services on the Now TV services for the entire duration of your Now TV subscription; and it shall not be liable for any unavailability or delay in the broadcast, of any matches and/or programming.

4.Certain Terms and Conditions relating to Now TV Set-Top Boxes

4.1 The following terms and conditions are applicable to you if you receive Now TV services through a Now TV Set-Top Box.

4.2 For additional features that a Now TV Set-top Box offers, please see https://nowplayer.now.com/setting-sn-faq.

4.3 Access and Installation

4.3.1. We will provide you with a PIN to access your chosen Now TV services set out in the Application Form for your private domestic viewing and access at the Premises.

4.3.2 You agree to follow any reasonable instructions that we may give you, and to allow us safe access to your Premises for the installation and deinstallation of the Now TV services.

4.3.3 If you do not own the Premises, you undertake you have sought the owner’s permission for us to access the Premises and install our Equipment.

4.3.4 You agree that:

(a) installation of the Equipment may not be successfully installed due to technical or other reasons beyond our reasonable control;

(b) not more than two connections per modem will be set up by us to the Now TV services;

(c) that you will not use any other hardware in place of the Equipment to access the Now TV services without our written consent; and

(d) that we will not be liable for any loss or damage suffered by you or any other person arising directly or indirectly from our installation activities under this clause 4.

4.4 Equipment

4.4.1 To use Now TV services and view the Content, a compatible television needed to be connected to the Now TV Set-Top Box.

4.4.2 You agree to use the rented Equipment that we provide to you with reasonable care. We may replace or take back our Equipment at any time. You shall immediately return our Equipment to us at the address that we provided to you from time to time or otherwise, we reserve the right to end the Contract. If the rented Equipment that we provide to you is lost or damaged other than through fair wear and tear, you will have to pay for costs of repair or replacement.

4.4.3 We are and shall remain as the owner of our Equipment; you shall not:

(a) remove or tamper with any of our identification marks or labels on our Equipment;

(b) remove or tamper with any components (including software) of our Equipment, avoid or remove any integrated circuit, anti-copying device or protection facility contained in any Equipment;

(c) permit anyone other than us or our contractors to repair or maintain our Equipment;

(d) sell, transfer or part with the possession or control of our Equipment;

(e) connect any Equipment to more than one television set or to any other equipment or device (other than a television set in the Premises); and

(f) use the Equipment any other purposes other than accessing the Now TV services for personal use.

4.4.4 Our Equipment may be shared by any PCCW group company for providing its services in your Premise.

4.4.5 For certain devices not provided by us (such as, mobile handsets for mobile services and USB modems for Netvigator Everywhere services), we have no responsibility to provide repair and maintenance services for such devices. Instead, the manufacturers of such devices will provide warranty and maintenance services directly to you.

4.4.6 If a Now TV Set-Top Box (whether bought or rented by you) proves to be defective under normal use due to defective materials, design and/or workmanship, we shall provide you with such repair or replacement services as specified in the Now TV Service Guide. Notwithstanding the aforesaid, we shall not be responsible for repairing or replacing any Now TV Set-Top Box damaged as a result of any use that is not authorised under the Contract.

4.4.7 If any other Equipment (other than a Now TV Set-Top Box provided by us) proves to be defective under normal use due to defective materials, design and/or workmanship, we will at our option either repair or replace such Equipment.

4.4.8 We have the right to repossess any rented Equipment that we provide to you, or terminate or suspend its use, at any time without advance notice for the purposes of compliance with applicable law, regulations, licence conditions, our obligations with third parties or threat of legal action, or if we reasonably believe such repossession, termination or suspension may be required to enable us to comply with the foregoing.

4.4.9 Upon termination of the rental of or the right to use any Equipment for whatever reason, you agree to promptly return any and all Equipment to us in good and clean condition, and that we will not be returning any amount prepaid by you for renting or using the Equipment.

4.4.10 Once you have purchased a Now TV Set-Top Box, it cannot be refunded, returned or exchange for any goods or services notwithstanding the termination of the Contract.

4.5 Cancellation of Application Form

4.5.1 If you cancel your Application Form before the Now TV with Set-Top Box services installation date, you shall pay the Pre-Activation Cancellation Charge.

4.6 Security deposit

4.6.1 Upon the commencement of the Now TV Set-Top Box services or other services or the receipt of any Equipment, device or other goods provided by us, you may need to pay a deposit or a payment upfront. The amount of such deposit or upfront payment shall be determined by us,

4.6.2 Our acceptance of any form of deposit or upfront payment from you does not affect any of your responsibilities under the Contract.

4.6.3 If you or we terminate the Contract and unless otherwise specified in the Contract, we will return the applicable deposit or upfront payment free of any interest to you less any outstanding Charges you owe us within a reasonable time.

4.7 Now IDs, PINs and passwords (relating to a Now TV Set Top Box)

4.7.1 You are responsible for properly using any Now IDs, PINs and passwords for the Now TV services, if any, and must take all necessary steps to make sure that you keep these confidential and secure, use them properly and do not make these available to unauthorised third party. You agree to inform us immediately if you discover any actual or potential unauthorised use of the Now IDs, PINs and passwords.

4.7.2 Please note that there may be some Content or Third-Party Services which are not suitable for viewing or which must not be viewed or subscribed by or made accessible to minors. In this regard, we will provide you with a PIN to, amongst other things, access such Content and/or Third-Party Services. We will not be responsible for any uses of the PIN we provide to you to access the Now TV services (including access to, subscribing and viewing of any Content) and/or any Third-Party Services.

4.8 When you are using the Now TV services with a Now TV Set-Top Box, at the same time as the NETVIGATOR’s broadband service, there will be a reduction in the bandwidth of the NETVIGATOR’s broadband service.

4.9 Moving your home

4.9.1 If you change the installation address for the Now TV services within Hong Kong, we will continue to provide your Now TV services at your new address if there is coverage of the Now TV services at the new address. If you move your home, you shall provide us with sufficient proof that you are residing at the new address. We may also charge you a Moving Charge and any other Charges specified by us in the Application Form.

4.9.2 If there is no coverage for the Now TV services at your new installation address, you may choose to end the Contract or your subscription to any Now TV service or Now TV Pack in accordance with clause 11.2. In such event, even if you choose to end the Contract or your subscription to any Now TV service or Now TV Pack before the end of the Commitment Period, we will not charge you the Early Termination Charge. However, unless we tell you otherwise, we may charge you the other Cancellation Charges.

4.10 “Event Pass” or “Day Pass” or “1-Day Pass”

4.10.1 You can watch Content of the Event Pass or Day Pass or 1-Day Pass (for example, a sports tournament) for the duration of the relevant validity period such pass (for example, one (1) day or a designated time period around a sports tournament).  By subscribing to the relevant pass, the relevant subscription fees will be charged to the monthly bill of Now TV account based on the billing cycle, such subscription will not be automatically renewed unless otherwise expressly provided; no early termination, refund or exchange is available for any Event Pass or Day Pass or 1-Day Pass subscription.

4A. Certain Terms and Conditions relating to Now TV Website Service Plan(s) (without Set-Top Box)

4A.1. “Now TV Website Service Plan(s)(without Set-Top Box)” means certain designated subscription(s) to Now TV services and Now TV Packs/Service Plans without Now TV Set-Top Box services, which are purchased at https://nowtv.hk or https://nowplayer.now.com/.

4A2.  The following terms are applicable to Now TV Website Service Plan(s) (without Set-Top Box)Website:

4A.2.1 “Upfront Charges Pass” or “Upfront Charges Pack”  : you can watch Content of the Upfront Charges Pass/Pack for the duration of the relevant Commitment Period of such pass/pack (for example, 12 months) by purchasing the pass/pack and paying the relevant upfront charges.

4A.2.2 “Event Pass” or “Day Pass” or “1-Day Pass”: You can watch Content of the Event Pass or Day Pass or 1-Day Pass (for example, a sports tournament) for the duration of the relevant validity period such Pass (for example, one (1) day or a designated time period around a sports tournament)  by purchasing the relevant pass and paying the relevant upfront charges such subscription will not be automatically renewed unless otherwise expressly provided; no early termination, refund or exchange is available for any Event Pass or Day Pass or 1-Day Pass subscription.

4A.2.3 Content Rental Service/On Demand Services (for example “Now Video Express”): You can watch the Content Rental Service Content (for example, designated movies or drama series) by renting it on a pay-per-view basis. Unless otherwise specified, the rental period will expire in thirty (30) days or forty-eight (48) hours after you start watching (except selected Content), whichever comes first. You can enjoy unlimited viewing of such rented Content within the rental period. You will be charged separate charges each time you place an order to watch a Content of Content Rental Service.

4A.3. Payment

4A.3.1 If you subscribe to any Now TV Website Service Plan(s) (without Set-Top Box), the payment methods are:

4A.3.2. Credit Card

4A.3.2.1 The following is applicable to Now TV Website Service Plan(s) (without Set-Top Box):

4A.3.2.2 We accept payment by credit card (VISA/Mastercard). All payments are handled by a secure payment gateway. If a transaction fails, please check with your credit card’s issuing bank. Please also ensure your credit card has at least three (3) months’ validity period remaining at the time of making payment. If you choose the credit card payment method, you will be redirected to a secure online payment website operated by AsiaPay Limited. We will not collect any credit card information except for the first six (6) digits and the last four three or four (4) digits of your credit card number, which will be used for purposes of customer care and handling enquiries.

4A.3.2.3 All subscription charges are payable in advance and usage fees will be payable in arrears. Please refer to Now TV confirmation email of subscription for payment details.

4A.3.3 Third-party billing

4A.3.3.1 The following is applicable to Now TV Website Service Plan(s) (without Set-Top Box):

4A.3.3.2 You can also choose to pay by opting for Direct Carrier Billing (as defined in Direct Carrier Billing Service Terms & Conditions), a billing service for designated personal customers subscribing to 1O1O/csl/Club SIM service plans (excluding primary and secondary student SIM plans, personal-named business plans and prepaid cards). This service enables us to bill you via your 1O1O, csl or Club SIM monthly bill for Now TV charges you incur. Please refer to the Direct Carrier Billing Service Terms & Conditions (available for viewing at 1O1O official website or csl official website).

4A.4. Termination and Automatic Renewal of Now TV Website Service Plan(s) (without Set-Top Box)

4A.4.1 No early termination, refund or exchange is available for any Now TV Website Service Plan.

4A.4.2. If the charges of your subscription(s) were on an upfront basis other than video on demand (for example, if you were a Upfront Charge Pass/Pack subscriber), and you do not submit a termination request at least forty-eight (48) hours before the expiry of your existing subscription(s) to such Now TV services and Now TV Pack(s)/Service Plan(s), we will renew your subscription(s) accordingly and charge you the applicable upfront charges for the relevant Now TV services and Now TV Pack(s)/Service Plan(s) at the prevailing upfront charges rate published from time to time on our Now TV App/Website and Now TV websites. As an illustrative example, if you have subscribed to a one (1) year Now TV Pack and have paid the upfront charges, if you do not timely submit a valid and timely termination request, we will continue to renew such annual Now TV Pack for one (1) year recurringly and charge you the applicable annual charges at the new prevailing annual rate until you terminate.

5.Now IDs and Password

5.1 A Now ID is the mobile number or email address that can only be connected (bind) to one Now TV account, and is used to access the Now TV services. If the mobile number or email address provided by customer has already been registered for Now ID and connected to another Now TV account (the “Account”), your Application may be rejected and the existing Now ID will not be connected to the Now TV account that you have applied for in this application form. If you want your existing Now ID to connect to another Now TV account, please visit nowtv.hk/support/nowid/faq or contact Customer Service Hotline at 1833 888.

5.1.1 Account and security:  You may only register with us if you are age 18 or above.  By registering with us, we will create an Account for you.  Your Account will enable you to access different Now TV services and to conduct different transactions within or through the Now TV services.  You will have access to your Account by providing a login id recognized by us (with relevant password) or, at our discretion, through a new login id created for the Account. You are responsible for maintaining the confidentiality of your access information (including mobile number and email address) and for controlling access to your Account and the computer through which you access your Account. You shall be responsible for all activities that occur under your Account whether or not the activities are conducted by you.  You agree to inform us immediately if you become aware of any unauthorised use of your login id and password or your Account, or you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner. We shall not be liable for any damage or loss arising from your Account being hacked into or information stolen from your Account (including Now ID, mobile number, email address, password and other personal information).

5.1.2 Cookies: To facilitate your use of your Account, we may issue to your computer blocks of data known as “cookies”. You must not alter, inhibit, restrict or break into any cookies we create in your computer.

5.1.3 Account Information: When registering with us, you may be required to provide information about yourself.  You agree that any registration information you give to us be true, accurate, correct and up-to-date (“Registration Data”).  You shall maintain and promptly update your Registration Data to keep it true, accurate, current and complete.

5.1.4  Now TV services: Once you have connected your Now ID to your Account, your Now ID will enable you to access our Now TV services (that you have subscribed to) through the Now  Apps, on nowtv.hk on www.nowplayer.now.com or other media and to conduct certain transactions within or through the Now TV services.  You acknowledge that we may, in our sole discretion and with or without notice to you, (i) vary the Now TV services which you may access through your Account, (ii) modify or discontinue any of the now TV services (iii) restrict your access to any part or whole of any of the now TV services.

5.2 You are responsible for properly using any Now ID and password for the Now TV services, if any, and must take all necessary steps to make sure that you keep these confidential and secure, use them properly and do not make these available to any unauthorised third-party. You agree to inform us immediately if you discover any actual or potential unauthorised use of the Now IDs, PINs and passwords

5.3 Please note that there may be some Content or Third-Party Services which are not suitable for viewing or which must not be viewed or subscribed by or made accessible to minors. In this regard, you will be prompted to set up a relevant password (or other applicable authorisation method) to, amongst other things, access such Content and/or Third-Party Services. We will not be responsible for any uses of the Now ID we provide to you to access the Now TV services (including access to, subscribing and viewing of any Content) and/or any Third-Party Services.

6.On Demand Services

6.1 On Demand Subscription Video On Demand Services

6.1.1 In respect of certain On Demand Subscription Video On Demand Services as specified by us from time to time:

(a) you can view the programmes available on certain On Demand Subscription Video On Demand Services only if you subscribe to the applicable specified channel(s) or Now TV Pack(s); and

(b) upon the termination of your subscription to such channel(s) or Now TV Pack(s) (as applicable), your access to view the relevant programmes under your On Demand Service Plan shall be automatically terminated at the same time.

6.1.2 You can view the programmes available under your On Demand Service Plan for unlimited number of times during the applicable subscription period.

6.2 Terms applicable to On Demand Pay Per View Services only:

6.2.1 You can view your selected On Demand Pay Per View Service anytime within the 48 hour period starting from the time you place an order for the viewing of such program unless your selected On Demand Pay Per View Service program is part of any entire series, season or part of such series or season purchased by you for viewing, in which case you can view such program within such period specified at the time of purchase.

6.2.2 You will be charged a separate fee each time you place an order for the viewing of a On Demand Pay Per View Service’s programme or any On Demand Pay Per View Service’s series, season or any part of such series or season.

6.2.3 You can place an order to view a On Demand Pay Per View Service programme through a Now TV portal/interface and on the Now Video Express First application on our Now TV App/Website (for certain On Demand Pay Per View Service programmes only); provided that accessing the Now TV Website on a specific computer operating systems, browsers and/or applications and Now TV App on specific mobile devices or on specific smart television (except for AV Pay Per View Service programmes and certain specified On Demand Pay Per View Service programmes) only.

6.3 Certain Terms relating to On Demand Services Accessed and Use through Now TV Set-Top Box

6.3.1 You can purchase Now Dollars which can be used to pay for your viewing of those On Demand Pay Per View Service programmes as specified by us from time to time. The purchase transaction of Now Dollars will appear in your Now TV bill for the month following your purchase

6.3.2 You have to use Now Dollars to pay for the viewing of those On Demand Pay Per View Service programmes (for which Now Dollars can be used for payment) if you have sufficient unused Now Dollars in your account. If you do not have sufficient Now Dollars, you can pay for the On Demand Pay Per View programme that you would like to watch directly through your Now TV bill. You are not permitted to use Now Dollars to make payment partially for any On Demand Pay Per View Service programme.

6.3.3 Notwithstanding any provision to the contrary in the Contract, your Now Dollars will be forfeited if your subscription to the Now TV services is terminated for whatever reason.

6.3.4 Unless otherwise specified by us, Now Dollars have a specified validity period depending on their prepaid value. All validity periods start from the date of your purchase. All unused Now Dollars cannot be used after the expiry of its validity period. If you top up your Now Dollars before its validity period expires, its validity period will be extended starting from the date of the top up.

6.3.5 You cannot exchange any unused Now Dollars for cash, or use them for anything else other than to pay for the viewing of those On Demand Pay Per View Service programmes as specified by us from time to time.

6.4 Now Video Express First programmes

6.4.1 If you place an order to view a Now Video Express First programme through the Now TV Set-Top Box, the Now TV Website,  the Now Apps, you may be able to view such Now Video Express programme on the television connected to your Set-Top box and/or your devices and/or smart TVs that are logged in to the applicable Now Apps with the same Now ID used to place the order.  Please refer to Now TV Website for instructions on how to login the device(s)/smart TVs on which you wish to view the Now Video Express First programme on the Now Apps using the same Now ID of your Now TV Set-Top Box. Please note that certain Now Video Express First programmes cannot be viewed using the Now Apps.

6.4.2 You can view your selected Now Video Express First programme anytime within the specified viewing period of such programme starting from the time you place an order for the viewing of such programme. During the permitted viewing period, you cannot change the Now Video Express First connected device to another device once you have started watching such programme.

6.5 On Demand Service on the eye2 Device/ eye Home Tablet/the eye Home Smartphone.

6.5.1 Please note that your viewing of any programme under any On Demand Service on the eye2 Device will cease immediately if:

(a) your Wi-Fi connection is lost for whatever reason (applicable to subscription with viewing access through the Now TV Set Top Box only); or

(b) your viewing of the programme on the eye2 Device is interrupted by a call through the eye2 Device. (applicable to subscription with viewing access through the Now TV Set Top Box only).

6.5.2 High definition programmes, AV-On-Demand programmes and the On Demand Pay Per View Service programmes will not be available for viewing through the eye2 Device, eye Home Tablet and the eye Home Smartphone. All On Demand Services are not available for viewing through the eye Home Tablet and eye Home. (applicable to subscription with viewing access through the Now TV Set Top Box only).

6.6 Other General Terms applicable to On Demand Services

6.6.1 No refund of any subscription or viewing fees or charges will be made to you under any circumstances (including when any programme is not transmitted or if its transmission is interrupted or incomplete).

6.6.2 Channel switching cannot be done during the viewing of a programme on any On Demand Service. The transmission of a programme may be interrupted at any time without any prior notice to you.

7.Now TV services without Paid Subscription

7.1. Certain Now TV services are made available to subscribers who have validly registered a Now ID and/or have a Now TV Set-Top Box installed at the user’s premises, but do not have an active paid subscription or service plan/pack. Such users shall be referred to herein as “Now TV non-paid users”.

7.2 We reserve the right to, in our sole and absolute discretion, to suspend or terminate any and all Now TV services to any Now TV non-paid users at any time for any reason.

7.3 For the avoidance of doubt, Now TV non-paid users are bound by all the applicable terms and conditions and restrictions hereunder applicable to any paid subscriber of Now TV services.

7.4 It’s our sole and absolute discretion in respect of content that we make available for Now TV non-paid users.

8.When we provide the Now TV services

8.1 Your Contract with us starts on the date we approve and accept your application for the Now TV services.

9.Payment

9.1 You agree to pay all Charges, whether you use or access the Now TV services, Now Apps, Now TV Website, Now TV Set-Top Box and/or Content or someone else does.

9.2 If you use the Now TV services to access a service provided by someone else, and we are charged for such other service, you must pay us for such other service.

9.3 We may issue a monthly bill to you. We will normally bill you upfront (in advance) for the Charges and any Rental Charges for the Equipment. We will bill you later for any usage Charges for certain Now TV services which are billed accordingly to usage (such as pay per view services). If possible, Charges will appear on your next bill, but sometimes Charges may appear on a later bill.

9.4 Our records are sufficient proof that a Charge is payable by you unless they are shown to be incorrect. We may re-issue any bill if there is any error in the bill.

9.5 We will send your bills to the address where the Now TV services are provided or to your specified email address unless otherwise agreed by us. You may also view your bills on your Now TV television portal/interface (as applicable).

9.6 We will send your first bill shortly after we have provided the Now TV services to you for the first time. After that, we will send bills at regular intervals. However, we may send you a bill at a different time.

9.7 We can bill you through a billing agent or any PCCW group companies.

9.8 You agree to pay the Charges without deduction before the Due Date unless otherwise agreed by us. If you think that the Charges on your bill are incorrect and wish to dispute those Charges, you must tell us within thirty (30) days of the bill date. You must pay all Charges that are not disputed.

9.9 If you do not pay your bill, you shall pay us interest (on a monthly basis) on the overdue amount at an interest rate equal to 2% above the prime lending rate of The Hongkong and Shanghai Banking Corporation Limited until full payment.

9.10 We may also charge you the administrative fee and the relevant bank charges for any direct debit or cheque payments which are returned to us because you do not have enough funds in your relevant bank account.

9.11 We will generally not suspend or end your subscription to the Now TV services or any Content; or suspend your access to any Third-Party Service, for non-payment of your bill until at least fifteen (15) days after your payment was due. If however, you have failed to pay on time a recent bill or have failed to pay a bill on many occasions, we may end or suspend your access to the Now TV services, Content and/or any Third-Party Service earlier than fifteen (15) days after your payment was due.

9.12 If you do not pay your bill, we may ask a debt-collection agency to collect the payment on our behalf. If we do so, you will have to pay us an extra amount for breaching the Contract. This will not be more than the reasonable costs we have to pay the agency, who will add the amount to your debt on our behalf (this will depend on the amount you owe us). We may also charge a handling fee, service reconnection fee and/or require a security deposit if your access to the Now TV services is suspended or terminated before payment is made.

9.13 Please note that no credit or refund is available in respect of any time when the Now TV services (or any part thereof), any Content or your access to any Third-Party Service, is disrupted or suspended for maintenance or as a result of technical difficulties or a circumstance beyond our reasonable control.

9.14 If you have used or permitted any other person to use or access the Now TV services or Content in breach of sub-clauses 10.2(b) or 10.2(c), we reserve the right to charge you:

(a) subscription fees at the full published rates applicable to commercial subscribers for the Now TV services or Content;

(b) liquidated damages at the rate of 2% per month on these subscription fees chargeable at such published rates as referred to in the preceding sub-clause 9.14(a); and

(c) any administrative or service charges; until the cessation of such use or access.

9.15 We shall not be obliged to extend the Commitment Period of your Service Plan (if any) to the Now TV services and/or any Content on a pro-rata basis for the period that your access to the Now TV services and/or any Content was suspended as a result of your failure to make payment of your invoice by its Due Date.

9.16 Unless otherwise specified, all currency references are in Hong Kong dollars.

9.17  We may from time to time offer discounts to subscription charges payable by you. In relation to such discounts, we may impose certain terms and conditions. If at any time you fail to satisfy any of these terms and conditions, the discount will be automatically forfeited; and in such event, you will be automatically charged at the then prevailing price in the next billing period.

9.18  No refund will be made for any fees paid in advance for any Now TV service plans, packs, combos or passes.

9.19 You may settle any charges payable by you through any payment methods as may be made available by us from time to time. Any charges which are recurrent in nature (i.e. subscription fees) will be automatically charged through such payment method as selected by you.

9.20 We have the right to, at any time and at our sole discretion, accept or reject the payment method selected by you. If no effective payment method is in place, your access and/or use to the Now TV Services, Now Apps, Now TV Website, Now TV Set-Top Box and/or Content may be suspended; and such access will only be restored upon full settlement of all accrued charges and putting in place a payment method accepted by us.

9.21 Where you have specified any part or all of the Fees to be billed through our affiliates, our affiliates may invoice you for such fees in the same invoice for the services provided by such affiliates (“Affiliate Invoice”). You agree to settle the Affiliate Invoice in full before the payment due date specified in the Affiliate Invoice.

9.22 Where you have specified any part or all of the Charges to be charged to your credit card (“Card Account”), you hereby authorise us to charge your Card Account the full amount of such Charges at any time or interval as determined by us as appropriate. For the avoidance of doubt, such authorisation will continue after the expiry date of such card in respect of any Charges which are recurrent in nature (i.e. subscription charges). Where you are not the cardholder, you warrant that you have obtained authorisation from the cardholder.

9.23 For credit card payment, we only accept VISA card or MasterCard.

9.24 Any disputes regarding fees on a statement for the Card Account must be raised within thirty (30) days of the statement date notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the bank.

9.25 Any dispute regarding fees on an invoice must be raised within thirty (30) days of the invoice date notwithstanding, where relevant, any terms to the contrary in any agreement with our affiliate.

9.26 If you have not settled our invoice and/or any Affiliate Invoice by the due date, we or our affiliates reserve the right to charge interest on any outstanding amount at such rate applicable to the payment means specified by you until the invoice has been paid in full; and to charge a handling fee, collection agency fee, reconnection fee and/or require a security deposit. The Now TV services, Now Apps, Now TV Website, Now TV Set-Top Box and/or Content and any service that may be provided by our affiliates may be suspended or terminated until such time when all Invoices have been fully settled and paid.

9.27 You agree that we may transfer any amount that is owing to you or due from you under any of your accounts, if you have more than one account with us, so as to settle any outstanding amount due to us under any of your accounts, whether they have been terminated or suspended.

9.28 Please note that no credit or refund is available in respect of any time when Now TV services, Now Apps, Now TV Website, Now TV Set-Top Box, Content and/or streaming of any Content is disrupted or suspended for maintenance or as a result of technical difficulties or a circumstance beyond our reasonable control or where you are not able to access or stream the Now TV services, Now Apps, Now TV Website, Now TV Set-Top Box and/or Content or any Content for whatever reason.

9.29 For the avoidance of doubt, in the event of conflict, in relation to billing for any Now TV Website Service Plan, clause 4A of these Terms and Condition shall prevail over clause 9 of these Terms and Conditions.

10.Your use of the Now TV services, Now Apps, Now TV Website, Now TV Set-Top Box, Content, Now ID and Third-Party Services

10.1 In your use of the Now TV services, Now Apps, Now TV Website, Now ID, Now TV Set-Top Box, Content and Third-Party Services, you must always follow the applicable law and the terms of the Contract and any other relevant terms and conditions applicable to such services and content. You agree that the use of the Now TV services, Now Apps, Now TV Website, Now ID, Now TV Set-Top Box, Content and Third-Party Services by any other users, whether authorised by you or not, shall be regarded as use of the Now TV services, Now Apps, Now TV Website, Now ID, Now TV Set-Top Box, Content and Third-Party Services by you.

10.2 You:

(a) must not, and must not permit any other person to, sell, reproduce, copy, distribute, modify, exploit the Now TV services, Content and/or Third-Party Services or reverse engineer any Content consisting of downloadable software;

(b) agree that the Now TV services, the Now Apps (including, without limitation the Now TV App),  Now TV Website, Now TV Set-Top Box, Content and Third-Party Services are only for your private domestic viewing and access in Hong Kong at the Premises  (and shall not yourself, or permit any other person to, show, play, use, access or view the Now TV services, Content and/or Third-Party Services for any public or commercial purposes and/or within any public place or commercial premises and/or on any device in any place outside the Premises or Hong Kong);

(c) without limiting sub-clause 10.2(b), shall not charge for use or access to the Now TV services, Now TV Set-Top Box, Content and/or Third-Party Services or for access to any premises where the Now TV services, Content and/or Third-Party Services are accessed or viewed;

(d) must not, or permit any other person to, or cause the Now TV services or any Content to be transmitted, re-transmitted or broadcast or included in a cable programme service, by any means including the internet (for the other avoidance of doubt other than to your own personal devices via the Now Apps or Now TV Website and subject to these Terms and Conditions);

(e) without limiting sub-clause 10.2(d), must not (except for connecting to a television set in the Premises or to your own personal devices via the Now Apps or Now TV Website and subject to these Terms and Conditions) transmit, arrange for or authorise the transmission of any Now TV services, Content and/or Third-Party Services, to any device including without limitation any personal computer, television receiver, smart television or mobile device or to any place or device outside the Premises or Hong Kong;

(f) must not, or permit any other person to, copy, encode, digitise, reformat, compress, intercept, interfere, or tamper with or otherwise manipulate the signals of the Now TV services or Content including output signals of the Equipment in any way and by any means;

(g) issue, create or sponsor any financial instruments or investment products where the price, return and/or performance of such instrument or product is based on or related to any financial index or information in the Content;

(h) have to be aged 18 or above to access or use the Now Apps, Now TV Set-Top Box and/or Content;

(i) will be strictly and solely responsible for your own use of the Now Apps, the Now TV Website and the Content and any use of the Now Apps and/or Now TV Website by any party who uses your login details will be treated by us as use by you;

(j) will abide by all relevant laws of Hong Kong and any operating and/or usage rules, as amended from time to time;

(k) will provide true, accurate, current and complete information about yourself as required to complete your application for and/or use of the Now Apps, the Now TV Website, login ID, Now ID, Now TV Set-Top Box and/or Content (“Subscriber Information”);

(l) will agree to maintain and promptly update the Subscriber Information that you have submitted to us and keep it true, accurate, current and complete;

(m) will not provide any information that is untrue, inaccurate, not current or incomplete, if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or restrict your access to Now Apps, the Now TV Website, Now TV Set-Top Box and/or Content; and refuse any and all current or future use of Now Apps, the Now TV Website, Now TV Set-Top Box and/or Content;

(n) will report any violation of the Contract to our customer service team; and

(o) safeguard your login details and password(s) (if any) and ensure that they are not disclosed or provided to any other person.

Our authorisation for you to access and receive the Now TV services is conditional upon your strict compliance with each of the above conditions and the other terms and conditions of the Contract.

10.3 You acknowledge and agree that:

(a) it is not our policy to exercise any editorial control over or to edit or amend any Now TV services, Content not produced by us and/or any Third-Party Services before they are transmitted or made available to you;

(b) nothing you do on or in relation to the Now TV services, Content, Third-Party Services and/or Equipment will transfer any intellectual property rights or license you to exercise any intellectual property rights;

(c) many channels, programmes and other Content on the Now TV services; and the Third-Party Services are provided by Third-Party providers, not by us. Their availability, and the availability of programmes on such channels or Third-Party Services, are outside our control;

(d) we and our content providers (including but not limited to HKEX Information Services Limited, its holding companies and/or any subsidiaries of such holding companies) make no representation, promise, warranty, undertaking or guarantee as to the quality, continuity, accuracy or reliability of any particular Content and/or Third-Party Services;

(e) you have not relied upon any information or statement to the effect that any particular Content and/or Third-Party Services will be made available to you for the whole or part of the term of your subscription to the Now TV services;

(f) we can without liability, vary, replace or withdraw any channels, packs, promotions and programmes (whether advertised or not), including without limitation any channels available in any starter, entry or bonus pack(s) with or without notice to you;

(g) we can change or reduce the number of hours of broadcast of any channel or any programme on any channel;

(h) at all times live or on-demand content can be streamed on Now Apps on no more than two devices (including mobile phone, tablet and computer) simultaneously, and Now Video Express programmes can be streamed only on one device each time;

(i) we do not make any claims as to the truth in any Content;

(j) any Content solely expresses the view of the speaker of the Content, not our views or any entity associated with us;

(k) your use of different web pages of the Now TV Website or web sites linked to the Now Apps may be governed by additional or different terms and conditions. Where this is the case, those additional terms and conditions will apply to your use of such web page or website in addition to these Terms and Conditions and will prevail over these Terms and Conditions to the extent of any inconsistency;

(l) nothing you do on or in relation to the Now Apps, the Now TV Website, Now TV Set-Top Box and/or Content will transfer any intellectual property rights to you or license you to exercise any intellectual property rights;

(m) there may be some Content which is not suitable for viewing by minors. You are responsible for checking the identity and/or age of any person who wishes or intends to view any such Content before you permit that person to view such Content and for generally ensuring that minors do not access such Content using your login details and password;

(n) parts of the Now Apps, the Now TV Website, Now TV Set-Top Box and Content may be provided or maintained by third-party providers and not by us; in such cases, your correspondence or dealings with any third-party provider are solely between you and that third party provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings;

(o) unless explicitly stated otherwise, any new features that augment or enhance any of the Now Apps and/or Now TV Website shall be subject to these Terms and Conditions;

(p) we may at any time employ and/or install Software in any computer and/or mobile device(s) used by you, for purposes of detecting any downloading, copying, storing, ripping, distribution, sharing or re-direction of any Content from Now Apps in any way or through any media; and

(q) the provision of Now Apps is contingent upon the service capacity allocated by us (including but not limited to streaming capacity) for Now Apps and the reliability and stability of your internet connection or mobile network which is out of our control. We will not be liable to you or any other third parties (including users of the Now Apps and/or Now TV Website  (whether authorised or not) for any failure or delay in accessing the Now Apps and/or Now TV Website  (whether due to the lack of streaming capacity or otherwise) and/or the consequences or effects on your mobile network, internet connection, their speed and/or bandwidth that may be caused by the Now Apps and/or Now TV Website.

10.4 You shall not use any equipment or device that may harm our Network or other customers’ equipment. If you do so, you must disconnect it immediately.

10.5 You agree not to:

(a) restrict or inhibit any other persons from using the Now Apps and/or Now TV Website, including, without limitation, by means of “hacking” or defacing any portion of the Now Apps and/or Now TV Website;

(b) access or use the Now Apps, the Now TV Website, Now TV Set-Top Box, Content or Software (as defined in clause 19.1) for any unlawful purpose or any purpose not expressly authorised by these Terms and Conditions;

(c) modify, adapt, sub-license, reproduce, distribute, copy, modify, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Now Apps, the Now TV Website, Now TV Set-Top Box, any of the Software and/or any Content;

(d) remove any copyright, trademark, or other proprietary rights notices contained in the Now Apps, the Now TV Website, Now TV Set-Top Box and/or Content;

(e) copy and/or frame any part of the Now Apps, the Now TV Website and/or Content without our prior written authorisation;

(f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce, disrupt or circumvent the navigational structure or presentation of the Now Apps, the Now TV Website and/or Content;

(g) collect information of users of the Now Apps and/or Now TV Website;

(h) hack, break into, or attempt to hack or break into, in any manner the Now Apps, the Software, Now TV Website, and/or any data areas on our server(s) or that of any third parties;

(i) download, copy, store, rip, distribute, share or re-direct any Content from any Now Apps or Now TV Set-Top Box in any way or through any media;

(j) disclose your login details and password (if any) or permit other persons to use your login details and password to access Now Apps and/or any Content;

(k) incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;

(l) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Now Apps; and

(m) interfere with or disrupt Now Apps or servers or networks connected to Now Apps.

10.6  Unauthorised access to the Now Apps, the Now TV Website, Now TV Set-Top Box and/or any Content is a material breach of the Contract and these Terms and Conditions and a violation of the law. Where certain Content is restricted to registered users, you agree not to access such Content by any means other than providing us your login details and password. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Now Apps, Now TV Website, Now TV Set-Top Box, Content and/or Service Website except those automated means for which we have given prior written approval.

11.Ending Your Subscription to the Now TV services

11.1 We can without liability to you, end your subscription to any Now TV service, Now TV Pack, Content or the Contract, by giving you at least thirty (30) days’ advance written notice.

11.2 Once we have provided the Now TV services, you may terminate your subscription to any Now TV service, Now TV Pack or the Contract at any time by validly giving us at least thirty (30) days’ advance notice. You shall only give such notice to us by such means as required by us from time to time. You may contact our customer service hotline for further details. Unless otherwise specified, the Contract or your subscription to any Now TV service or Now TV Pack shall terminate only thirty (30) days after our confirmation to you of the same.

11.3 Unless otherwise agreed by us, the Contract for Now TV services with Now TV Set-Top Box automatically ends if the installation of any Equipment does not occur for any reason.

11.4 If within any relevant Commitment Period for any Now TV service, Now TV Pack or Content, you choose to end your subscription to such Now TV service, Now TV Pack or the Contract (other than pursuant to clauses 4.9.2 and 11.3), you will have to pay us all accrued Charges, the Early Termination Charge and any other Cancellation Charges and (where applicable) compensate us for the value of any premium received by you.

11.5 Upon the end of the Contract or your subscription to any Now TV service, Now TV Pack or Content, we may first take off any money that (a) you owe us under such subscription, the Contract or any other contract between us; and (b) you owe any other PCCW group company under any other contract between you and such PCCW group company. Where we provide you with a range of services and you owe us money for some services, we reserve the right to charge you for such services via the bills we send you for your other services, unless there is a genuine dispute between us regarding such services.

11.6 Upon the end of the Contract or your subscription to any Now TV service, Now TV Pack or Content for any reason, we will not be providing any refund of any amount prepaid by you in advance.

11.7 Even if your subscription to any Now TV Pack has ended, we may agree with you to continue to provide you with certain Now TV services and you may retain the Equipment at your Premises to receive such Now TV services.

11.8 Upon termination of your Contract or access to Now Apps and/or Content, all licences, rights and privileges granted to you under the Contract and these Terms and Conditions shall cease and under no circumstances will you be entitled to a refund of any fees, interest on any security deposit or any pro rata refund or credit of any fees paid in advance. Without prejudice to the foregoing, any fees accrued and outstanding prior to the date of termination shall remain payable by you. Any such termination shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.

11.9 For the avoidance of doubt, in the event of conflict, in relation to termination or renewal of any Now TV Website Service Plan, clause 4A of these Terms and Condition shall prevail over clause 11 of these Terms and Conditions.

12.Our rights when we provide the Now TV services

12.1 We may need to:

(a) interrupt or suspend the Now TV services, Now Apps, Now TV Website, Now TV Set-top box, Content and/or your access to any Third-Party Services (for example, for maintenance, repair, testing or upgrade of our Network or Equipment). If we do so, we will restore it as quickly as we can and we have no responsibility to pay you any compensation for any loss resulting from such interruption or suspension;

(b) suspend your access to the Now TV services without notice where you have not (i) subscribed to any pay channel or Now TV Pack with us; and (ii) accessed any Now TV service for a period of no less than three (3) consecutive months; and

(c) modify or withdraw any Now TV service, Now TV Pack/Service Plan and/or any Content; remove, disable or suspend transmission of or access to, any Now TV service, Now TV Pack/ Service Plan, Content and/or Third-Party Service which we consider in our sole opinion, breaches any applicable law, regulation or regulatory directive or to be otherwise unacceptable.

13.Our responsibility to you when we provide the Now TV services and Limitation of Liability

13.1 We accept responsibility if you are injured or die as a result of our negligence in the provision of the Now TV services. We will not exclude or limit this responsibility.

13.2 For loss or damage to your physical property arising from our negligence, we will only pay you up to the Contract Value for this loss or damage.

13.3  We will not be liable to pay you compensation for any consequential, indirect, special, punitive, economic, incidental, collateral or financial loss (including any loss of profits, goodwill, bargain or opportunities, or any loss or corruption of data, or any loss or anticipated savings or business, whether caused by negligence or otherwise and whether arising out of or in relation to or in connection with the Contract, the Now TV services or any failure to supply or delay in supplying the Now TV Services).

13.4 Except as described in clause 13.1 and to such extent permissible by law, we will not (in aggregate) pay more than the Contract Value in compensation (even if we have been negligent) for all our liabilities in relation to or arising from the Contract, Now TV services, Equipment and any other goods or services we supplied or provided.

13.5 In the absence of our negligence or deliberate wrongful act, we, our content providers and our and their respective affiliates (including but not limited to HKEX Information Services Limited, its holding companies and/or any subsidiaries of such holding companies), will not be liable to you for:

(a) any damage to or loss of data suffered by you arising from your use of the Now TV services, Equipment, Content and/or Third-Party Services;

(b) any claim based in contract, tort, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not;

(c) any claim relating to any Now TV service and/or any Content supplied, provided, sold or made available by us (or any failure or delay to so supply or continue to supply, provide, sell or make available);

(d) any delay, disruption or suspension of, and/or any failure to provide, the Now TV services, any Content, Equipment and/or access to any Third-Party Services which is attributable to an event or circumstance beyond our reasonable control; and

(e) any damage or loss suffered by any third person arising from any installation, de-installation or reconnection of any Equipment carried out by you or with your knowledge and/or consent.

13.6 Except as described in clause 13.1 and to such extent permissible by law, we will not pay you more than the Contract Value in compensation (even if we have been negligent) for all our liabilities under the Contract for the Now TV services, Equipment, devices and any other goods or services supplied or provided.

14.If you breach the Contract

14.1 For serious misuse, including without limitation, those described in clauses 4.4.3 and 10.2, we may suspend or end the Contract immediately. Otherwise, if you breach the Contract, we will normally give you an opportunity to put matters right within fifteen (15) days after we inform you of such breach before we suspend or end the Contract. However, if you do not do so, we may suspend or end the Contract.

14.2 We may also suspend or restrict your access to the Now TV services, Content, the Now Apps, the Now TV Website and/or any Third-Party Services or end the Contract if you breach any other contract you have with us or any of the PCCW group companies and do not put matters right within the time mentioned in such other contract. If we suspend your access to the Now TV services, Content, the Now Apps, the Now TV Website and/or any Third-Party Services; or end the Contract, we will tell you what needs to be done before we can restore the Now TV services, Content and/or your access to any Third-Party Services.

14.3 If we end the Contract or your subscription for any Now TV service or Now TV Pack within its Commitment Period under clause 14.1, 14.2, 15(c) or 15(d), you will have to make immediate payment of all accrued Charges, the Early Termination Charge and any other Cancellation Charges.

14.4 You agree to indemnify us, our content providers, service providers, sub-contractors, licensors and agents against any action, liability, cost, claim, loss, damage, proceeding and/or expense suffered or incurred by us and them arising from or which is related to:

(a) your use, and any other person’s use of the Now TV services, Third-Party Services, Now Apps and the Now TV Website;

(b) any breach of any term of the Contract by you;

(c) any theft, loss and/or damage caused to the Equipment provided to you on rental or complimentary basis provided that your maximum liability under this sub-clause 14.4(c) is HK$5,000; and

(d) any installation, de-installation or reconnection of any Equipment carried out by you or with your knowledge and/or consent.

14.5 We may also suspend or restrict your access to the  Now TV services, Content, the Now Apps, the Now TV Website and/or any Third-Party Services if you breach any other contract you have with us or any of the PCCW group companies and do not put matters right within the time mentioned in such other contract. If we suspend or end your access to the Now TV services, Content, the Now Apps, the Now TV Website and/or any Third-Party Services, we will tell you what needs to be done before we can restore the Now TV services, Content, the Now Apps, the Now TV Website and/or any Third-Party Services.

15.Our other rights to suspend/end Now TV services and/or your subscription

Unless otherwise provided for in the Contract, we can limit, end, suspend or restrict your access to any or all the Now TV services, Now Apps,  Now TV Website, Now TV Set-Top Box, Content and/or any Third-Party Services, and end the Contract, or end any subscription to any Now TV services or Now TV Pack/Service Plan by giving you at least fifteen (15) days’ advance notice (to the extent that it is reasonably practicable to do so) if:

(a) the law requires us to do so;

(b) there is an emergency that affects our ability to provide the Now TV services, Now TV Pack/Service Plan, Content or access to any Third-Party Service;

(c) you become bankrupt or insolvent or appear likely to be;

(d) you breach any term of the Contract;

(e) such Now TV services, Now TV Pack/Service Plan, Third-Party Service and/or any relevant Content is withdrawn from distribution, discontinued or otherwise becomes unavailable through the Now TV services for whatever reason; and/or access to any Third-Party Service is terminated for whatever reason;

(f) we no longer hold the right to distribute such Now TV services, Now TV Pack/Service Plan or Content; or provide access to any Third-Party Service;

(g) we fail to obtain, hold, retain or renew any relevant regulatory approvals or if any relevant regulatory approvals are revoked or if it is required by a relevant authority to cease (i) transmission of any such Now TV service, Now TV Pack/Service Plan and/or Content; and/or (ii) providing access to any Third-Party Service; or

(h) such Now TV service, Now TV Pack/Service Plan, Content (including any advertising therein) or Third-Party Service fails to comply with any regulatory standards, relevant laws or any requirements or orders issued from time to time by a relevant authority.

15.1 Our other rights to suspend/end your access to the Now Apps, the Now TV Website and/or Content

We may:

(a) deactivate any and all of the Now Apps and the Now TV Website at any time without notice to carry out system maintenance, upgrading, testing and/or repairs;

(b) limit or suspend your access to any and all of the Now Apps, the Now TV Website and Content without notice where we are of the opinion that such action is appropriate as a result of your use of the any of the Now Apps, Now TV Website and/or Content or where you breach the Contract and/or any of these Terms and Conditions; and

(c) expand, reduce, withdraw and/or modify any part of the any and all of the Now Apps, Now TV Website and/or any Content (meaning any content made available or appearing in any of the Now Apps or Now TV Website  including but not limited to any data, information, images, graphics, video and/or audio content, applications, downloadable files or other multimedia content that can be accessed through or on any Now Apps ), remove, disable and/or suspend transmission or streaming of Now Apps, Now TV Website or Content which we consider in our sole opinion, breaches any applicable law, regulation or regulatory directive or to be otherwise unacceptable.

16.Privacy

16.1 We collect, process, disclose, retain or use your Personal Data in accordance with the HKT Privacy Statement which is published on https://www.hkt.com/privacy-statement/for_customers/index.page?locale=en.

16.2 If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may decline to provide the Now TV services to you.

16.3 You will, as soon as possible, tell us of any change of address or any other particulars provided to us which may affect our provision of the Now TV services to you.

17.Information Provisioning

17.1 You will provide us with the information relating to you or your use of Now ID, Now Apps, the Now TV Website, the Now TV services, the Now TV Set-Top Box and/or any Third-Party Services we reasonably require:

(a) to help us in complying with the applicable law and to report to any Government Agency regarding such compliance; and

(b) to assess whether or not you have complied, are complying and will be able to continue to comply with all obligations under the Contract.

18.Changing the terms

18.1 Sometimes, we will need to unilaterally change the Charges or the terms and conditions of the Now TV services covered by the Contract Now Apps, Now TV Set-Top Box and/or the Now TV Website. We will publish details of all changes online at http://nowtv.now.com/ and these changes shall take effect immediately upon such posting.

18.2 We will also let you know about a price increase at least fourteen (14) days before it happens.

18.3 For changes we need to make to meet legal and regulatory requirements, we may not be able to meet the timescale specified in clause 18.2. We will let you know about these changes as soon as we can.

18.4 If you have subscribed to any Now TV Pack/Service Plan and we no longer hold the right to distribute any channel(s) therein, or where any Now TV service(s), Content and/or Third-Party Service(s) provided to you under your subscription becomes unavailable for whatever reason, we can discontinue or suspend the transmission of such channel(s), Now TV service(s), Content and/or Third-Party Service(s) without any liability to you. In such event, you may in accordance with clause 11.2, terminate your subscription to such Now TV Pack/Service Plan, Now TV service(s), Content and/or Third-Party Service(s) if you pay us all accrued Charges, the Early Termination Charge and any other Cancellation Charges. We may at our sole discretion, substitute any channel(s), Now TV service(s), Content and/or Third-Party Service(s) with other channel(s), content and/or services.

19.Software Licence

19.1 You may from time to time be requested to download, update and install software, applications and/or programs from Now TV App, Now TV Website and other Now Apps (“Software”) and we hereby grant to you a non-exclusive and non-transferable licence for you to store, run and use the Software on your personal  computers, mobile devices and/or smart TVs in accordance with these Terms and Conditions and any software licence which accompanies the Software but not further or otherwise.

19.2 You agree to download and install the Software in such personal computers, such mobile devices and/or such smart TVs specified by us, to be used by you for accessing Now TV App/Website and/or installing Now TV App and other Now Apps and/or viewing the Content.

19.3 You acknowledge that we may refuse to provide the Now TV App/Website and/or other Now Apps to you in the event you fail to successfully download and install the Software as required.

20.Links and Advertisements

20.1 We have no control over any third-party web sites linked to the Now Apps and the Now TV Website; and are not responsible for the content or accuracy of any off-site pages or any other third-party web sites linked to the Now Apps and the Now TV Website (including without limitation sites linked through advertisements). Some links which appear on the Now Apps and the Now TV Website are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on the Now Apps and the Now TV Website are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links and advertisements on the Now Apps and the Now TV Website.

20.2 We may use third-party advertising companies (such as Doubleclick) to track and/or measure advertising effectiveness on the Now Apps, the Now TV Website and other web sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to the Now Apps, the Now TV Website and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.

21.General Warranties & Liability

21.1 The Now TV services, Now Apps, the Now TV Website, Content and Software are provided to you on an “AS-IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we, our content providers and our and their respective affiliates (including but not limited to HKEX Information Services Limited, its holding companies and/or any subsidiaries of such holding companies) disclaim any representation or warranty whether express or implied as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the Now Apps, the Now TV Website, Software and/or any Content, that Now Apps will be uninterrupted, continuous or error free, any obligation to maintain the confidentiality of information (although our current practice is to maintain such confidentiality), the results to be obtained from use of any part of the Now Apps, the Now TV Website and/or any Content unless specifically mentioned in these Terms and Conditions. We disclaim any representation or warranty that the Now Apps, Now TV Website Content and/or Software will meet your requirements; and/or your access to and use of the Now Apps, Now TV Website and/or Software will be uninterrupted or error-free, free of viruses, malicious code or other harmful components or otherwise secure.

21.2. Subject to clause 13.2, to the fullest extent permitted by law, we, our directors, officers, employees, affiliates, content providers (including but not limited to HKEX Information Services Limited, its holding companies and/or any subsidiaries of such holding companies), contractors, sub-contractors, licensors and agents shall in no event, be liable for:

(a) any errors or omissions in the Now Apps, the Now TV Website and/or any Content or any part thereof; and

(b) any infringement of intellectual property rights arising from your use of the Now Apps, the Now TV Website, Software and/or any Content, even if advised of the possibility of such damages or claims.

21.3 Clauses 21.1, 21.2 and 21.3 shall survive the termination of your agreement with us for Now Apps, Now TV Website and/or Content.

22.Matters beyond our reasonable control

22.1 Sometimes, we may not be able to do what we have agreed because of an event beyond our reasonable control (for example because of fire or flood, power outage, severe weather, pandemic, civil unrest or war). In these cases, we do not accept responsibility for the delay or failure to provide you with access to and/or use of the Now TV services, Third-Party Services, Now Apps, the Now TV Website and/or Content in accordance with these Terms and Conditions. We can suspend or end your access to and/or use of the Now TV services, Third-Party Services, Now Apps, the Now TV Website and/or any Content immediately in such event.

23.Other things we need to tell you

23.1 You accept that the Contract is personal to you and agree not to transfer it to anyone else, or to try to do so without our prior written consent. However, we may take instructions from a person who we think, with good reason, is acting with your permission.

23.2 We can transfer our rights and obligations under the Contract to any person or entity without your consent. We can also use an agent or subcontractor to perform our responsibilities.

23.3 When we need to contact you, we will use your billing address, e-mail address, mobile or fixed phone number that you provide us for contacting you. If you need to contact us, please use the address on your last bill or any other postal address, e-mail address or phone number we have given to you for that purpose.

23.4 The notice or communication sent by us shall be treated as received by you: (a) three (3) days after posting, if sent by letter; (b) at the time of delivery, if delivered in person; (c) immediately upon faxing if sent by fax and the transmission report indicates that the fax transmission was successful; or (d) immediately upon sending the email, SMS or targeted message (which is sent to your Now TV interface “Message Inbox”), if sent by email, SMS or targeted message respectively.

23.5 The Contract and these Terms and Conditions, respectively, are governed by the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the Hong Kong courts.

23.6 At the end of your subscription to any Now TV service or Now TV Pack, or the existing Contract, if (a) we are unable to contact you; (b) you do not contact us; or (c) you are undecided as to whether to renew your subscription or the existing Contract, you agree that we shall, subject to clause 23.7, continue to provide the Now TV services (at the prevailing monthly rate published from time to time on our website http://nowtv.now.com/) and the value added services under such subscription or the existing Contract (at the rates payable for the preceding Commitment Period unless otherwise specified by us); on the terms of such subscription or the existing Contract; on a month to month basis until you end such subscription or the existing Contract by giving us at least thirty (30) days’ advance written notice (or any other period we specify in the Application Form).

23.7 Unless we tell you otherwise, all the free gifts, free products, free viewing, free services, waivers, discount or rebate offered by us during the duration of the existing Contract shall not be offered by us during the monthly periods mentioned in clause 23.6.

23.8 Clause 23.6 shall not apply to the subscription of services which does not have a Commitment Period such as pay per view services on the Now TV services.

23.9 Please note that certain channels cannot be received on Lamma Island on certain types of Now TV Set-Top Box and a different Now TV Set-Top Box (than those normally provided to other customers) will be required to receive the Now TV services (via IPTV) on Lamma Island. You can refer to the applicable Now TV Services Menus for selection of channels which can be received on Lamma Island via such Now TV Set-Top Boxes.

23.10 If any term or condition of the Contract becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from the Contract and shall be deemed to be deleted from the Contract.

23.11 If the Now TV Service Guide, these Terms and Conditions, the Now TV Services Menus and the Application Form conflict with each other, the inconsistency will be resolved in the descending order of preference set out in this clause. The English versions of these Terms and Conditions, the Now TV Service Guide, the Application Form and Now TV Services Menus shall prevail over their Chinese versions.

23.12 Where applicable, the use of the Now TV services also subject to the terms and conditions set out in https://nowplayer.now.com/setting-sn-termsnconditions-npa. If there are any incontinency between these Terms and Conditions and the terms and conditions set out in https://nowplayer.now.com/setting-sn-termsnconditions-npa, these Terms and Conditions shall prevail.

24.Definitions

In the Contract and under these Terms and Conditions:

“1-Day Pass” or “Day Pass” has the meaning set out in clauses 4.10 and 4A.2.2 of these Terms and Conditions

Application/Application Form/Now TV Application means a written application and, where expressly allowed by us, a non-written application made by you to us requesting the provision of the relevant Now TV services to you. For clarity, the term Application Form includes the Service Plan for the relevant Now TV service or Now TV Pack.

AV-On-Demand means the adult content services on the On Demand Services which include without limitation the AV Pay Per View Services and AV SVOD Services, and are restricted to viewers of 18 years or above (applicable to subscription with a Now TV Set Top Box only).

AV Pay Per View Service means any adult content pay per view service on the On Demand Services for which you have to pay a separate charge (and not a monthly subscription fee) for each viewing of a programme on such service; and which is restricted to viewers of 18 years or above (applicable to subscription with a Now TV Set Top Box only).

AV SVOD Service means any adult content video on demand service on the On Demand Services for which you have to pay a monthly subscription charge (and not a per programme or per exhibition fee) to view the programmes on such service during your subscription period to such service; and which is restricted to viewers of 18 years or above (applicable to subscription with a Now TV Set Top Box only).

Cancellation Charge means the cancellation charge for the Now TV services, Now TV Pack(s), Equipment and any other devices provided by us as set out in the Application Form.

Charges means the charges and fees (including the Rental Charges) payable by you to us in respect of (i) the provision of the Now TV services, Equipment, devices or any other goods or services by us and as specified by us in these Now TV Terms and Conditions, Now TV Service Guide, the Application Form and the Now TV Services Menus (as amended by us from time to time); (ii) the Third-Party Services; and (iii) services for which you have authorised us to bill you through your invoices for the Now TV services.

clause refers to a clause in these Terms and Conditions unless otherwise specified.

Commencement Date means the date that the relevant Now TV services (whether with or without any subscription to any Now TV packs or channels) are made available to you.

Commitment Period means the Commitment Period for the Now TV services as specified by us in the Application Form or Now TV Service Guide.

Content means any data, information, images, graphics, video or audio content, applications (apps), downloadable files or other multimedia content that can be accessed using the Now TV services.

Contract(s) means the contract(s) between you and us in respect of any Now TV services provided by us to you which is made up of these Terms and Conditions, the Now TV Service Guide, the Application Form(s), the Now TV Services Menus, the Now TV App/Website Terms and Conditions and any relevant terms and conditions relating Now TV services, as amended by us from time to time.

Contract Value means in relation to (a) a Service Plan (with a Commitment Period) subscribed by you, the total Charges for the Commitment Period payable by you to us under the Contract; or (b) a Service Plan (without a Commitment Period) subscribed by you, the total Charges paid by you to us for the period from the Commencement Date to the date immediately preceding any incident giving rise to your claim.

Due Date means the date specified by us in the relevant invoice for the payment of the Charges, or if no such date is specified, the date which is twenty (20) days from the date of the bill.

Early Termination Charge means in relation to any Now TV service, Content, Now TV Pack, Now TV service plan or Third-Party Service, the early termination charge comprising the total monthly Charges payable by you under your subscription for such Now TV service, Content, Now TV Pack, Now TV Service or Third-Party Service from the date of termination of your subscription up to the expiry of its Commitment Period (unless otherwise specified by us in the Application Form).

Event Pass has the meaning set out in clauses 4.10 and 4A.2.2 of these Terms and Conditions.

Equipment includes without limitation the Now TV Set-Top Box, remote control handset, power supply unit and/or cable for use of the Now TV Set-Top Box and all other equipment specified on the Now TV Service Provisioning Equipment Delivery Note provided by us and/or our affiliates to make available the Now TV services to you.

Fees or fees means Charges unless otherwise expressly specified.

eye2 Device means the eye2 device (including the home Wi-Fi enabled device, lithium polymer rechargeable battery, charging dock (if applicable) and AC-DC power adaptor) provided by us, for access to the eye2 Communication Package subscribed by you.

eye Home Smartphone means eye Home Smartphone (including eye Home Smartphone with cordless handset and AC-DC power adaptor) for access to the eye Home Smartphone Package provided by us.

eye Home Tablet means the eye Home Tablet (including the home Wi-Fi enabled device, lithium polymer rechargeable battery, charging dock (if applicable) and AC-DC power adaptor) provided by us, for access to the eye Home Tablet Communication Package subscribed by you.

Government Agency means any government or governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity in any competent jurisdictions and includes the Communications Authority of Hong Kong.

Hong Kong means the Hong Kong Special Administrative Region of the People’s Republic of China.

internet means the global network of interconnected computer networks generally known as the “internet” that utilise the transmission control protocol or internet protocol, or any predecessor or successor protocol, for communication and data exchange.

internet streaming means the means of delivery of audiovisual content (including television content) via the internet and/or mobile networks, sometimes referred to as “over-the-top” or “OTT”.

IPTV means the delivery of audiovisual content (including, without limitation, television programme) to viewers using internet protocol by means of a private (or virtual private) or closed user group network or networks.

Licence means a licence issued by a Government Agency to us from time to time authorising us to provide the Now TV services.

Moving Charge means the Charge as specified by us in the Application Form or the Now TV Service Guide that we charge you for the relocation of the Now TV services in accordance with clause 4.9.

Network means the telecommunications network owned or operated by us and/or our affiliates in accordance with our Licence including all facilities and associated equipment used in, or in connection with, that network.

Now Apps or Now TV App or Now TV app or Now TV Apps  means the mobile and/or smart TV application named “Now TV” and/or any other Now TV branded applications, which is/are operated by or on behalf of Now TV Limited and may be used to access the Now TV services; “Now TV smart television app” and “Now smart TV app” shall mean the Now TV App (for use on smart televisions) unless otherwise specified.

Now Dollars means the credits which you can purchase from us to pay for the viewing of those On Demand Pay Per View Service programmes as specified by us from time to time (only available Now TV with Set-Top Box user).

Now ID means the mobile phone number or email address that is connected to one Now TV account.

Now TV App/Website means the Now TV App or the Now TV Website (as applicable in the context), which is/are operated by or on behalf of Now TV Limited and may be used to access the Now TV services.

Now TV interface means the interactive user interface accessible on the Now TV Set-Top Box and Now Apps through which the user may view bills, available subscription packs, order on demand services and others.

Now TV Set-Top Box means the set-top box that we provide to you during Now TV service installation, primarily for the purposes of accessing Now TV services and Content through IPTV.

Now TV Pack means a pack or bundle of any Now TV services.

Now TV services means the television programme services and/or other services you are authorised to access from time to time on our service, Now TV.

Now TV Service Guide means the Now TV Service Guide provided to you by us and as amended by us from time to time.

Now TV Services Menu means each Now TV services menu which sets out certain Charges for the Now TV services in relation to each Service Plan, as amended by us from time to time.

Now TV Website means the internet website of Now TV (http://nowtv.now.com/) or (http://nowtv.hk) or (https://nowplayer.now.com/), which is operated by or on behalf of Now TV Limited and may be used to access the Now TV services, and includes the website version of the Now TV App (where applicable), among other things, and where applicable, also includes the service website(s).

Now TV Website Service Plan(s) has the meaning set out in clause 4A.1 of these Terms and Conditions.

Now Video Express First means a type of video on demand service available on the Now TV services.

On Demand Pay Per View Service means any pay per view service on the On Demand Services for which you have to pay a separate charge (and not a monthly subscription fee) for the viewing of a programme, an entire series, season or part of such series or season on such service.

On Demand Service Plan means any Service Plan for any On Demand Subscription Video on Demand Service.

On Demand Services means the On Demand Subscription Video On Demand Services, On Demand Pay Per View Services, all video on demand services provided by us on a free of charge basis on the Now TV services, and includes without limitation those services currently named Now Video Express First and AV-On-Demand.

On Demand Subscription Video On Demand Service means any video on demand service on the On Demand Services for which you have to pay a monthly subscription charge (and not a per programme or per exhibition fee) to view the programmes on such service during your subscription period to such service.

Other Charges means those Charges which are identified as “Other Charges” in the Application Form.

Pack means any of our packs (whether for a Commitment Period or otherwise) for Content subscribed to by you in the Application Form or through a Now TV interface.

Personal Data has the same meaning given to it in the Personal Data (Privacy) Ordinance (Chapter 486, the Laws of Hong Kong).

PIN means a personal identification number issued by us to you for your access to the Now TV services (applicable to subscription with Now TV Set Top Box only).

Pre-Activation Cancellation Charge means the Charges specified by us in the Application Form for the cancellation of the relevant Application Form in accordance with clause 4.5.

Premises means the place where the Now TV services are installed and/or authorised for you used from time to time.

Rental Charges means the periodical Charges payable by you to us in respect of the Equipment and as specified by us in the Application Form or the Now TV Service Guide (as applicable).

Service Plan means any of our service plans (whether for a Commitment Period or otherwise) for the Now TV services chosen by you and set out in the Application Form, or chosen by you through a Now TV interface, and may (but necessarily) include one or more Now TV Pack(s).

service website(s) means the relevant website(s) for the relevant service provider(s) of the applicable service(s).

Set-Top Box has the same meaning as Now TV Set-Top Box, unless otherwise specified.

subscriber(s) means any person who has been subscribed to the Now TV services.

Third-Party Provider means the third-party provider of any Third-Party Service.

Third-Party Service means any information, service or content which is available for your access and use through the Now TV services and/or the Now TV Set-Top Box provided by us; including without limitation the Netflix service.

upfront charges pack(s)/service plan(s) means subscription(s) pack(s)/service plan(s), other than video on demand for which the subscribers make a pre-payment in advance at the beginning of the relevant Commitment Period of such pack(s)/service plan(s); examples include annual plans, where the full amount applicable charges for the year are collected at beginning of the relevant Commitment Period; see also clause 4A.2.1.

We or us mean Now TV Limited.

You means the user, subscriber or customer who subscribes to the Now TV services and as specified in the Application Form or otherwise who access the Now TV services.

(Last Update: 11Sep 2024)

Now H1 Smart Box Terms of Use

You are advised to read the following terms and conditions carefully. By installing the Now H1 Smart Box (“H1 Box”), allowing the installation of the H1 Box to commence, and/or using the H1 Box, you are agreeing to be bound by the terms and conditions set out in these Now H1 Smart Box Terms of Use (“Terms of Use”).

If you do not agree to the terms and conditions set out in these Terms of Use, do not install the H1 Box and/or use the H1 Box Services. If you purchase (and not rent) an H1 Box and you do not agree to the terms and conditions set out in these Terms of Use, subject to our Return Policy (if any), you may be eligible for a refund by returning your H1 Box to us or to our authorised sellers from whom you purchased your H1 Box.

1. The H1 Box
1.1. If the H1 Box purchased by you proves to be defective under normal use due to defective materials, design and/or workmanship, we shall provide you with a one-year manufacturer’s hardware warranty from the date of purchase of your H1 Box, provided that you present us with the original proof of purchase and return the defective H1 Box to our authorised service centres. In such event, we shall either repair your H1 Box or provide you with another H1 Box (excluding accessories such as adaptor, remote control, HMDI cable etc.). You may contact our customer service representatives for further details in respect of the warranty service.
1.2. If the H1 Box rented by you from us proves to be defective under normal use due to defective materials, design and/or workmanship, we shall provide such repair and/or replacement services for the H1 Box as set out in your Contract for the Now TV services.
1.3. Notwithstanding any other provision in these Terms of Use, we shall not be responsible for repairing or replacing any H1 Box as a result of any use that is in breach of or not authorised under these Terms of Use.
1.4. We will not provide warranty, repair or replacement services:
(i) for consumable parts that are designed to diminish over time, or defects caused by normal wear and tear or otherwise due to the normal ageing of the H1 Box;
(ii) for cosmetic damage, including but not limited to scratches, dents and broken plastic on ports or damage caused by use with another product or ancillary or peripheral equipment;
(iii) for damage caused by accident, abuse, misuse, neglect, contact with liquids, fire, earthquake, act of God or other external cause;
(iv) for damage caused by using the H1 Box outside or not in compliance with our published guidelines, user manual or guide or our reasonable instructions;
(v) for damage caused by any service, repair or maintenance performed by anyone who is not authorised by us;
(vi) if the System Software and/or H1 Box have been modified without our written permission;
(vii) if any product identification mark (including the serial number) has been removed or defaced from the H1 Box;
(viii) if we reasonably believe that H1 Box is stolen property and you are unable to prove in any way that you are the owner of the H1 Box (such as by presenting the proof of purchase); and/or
(ix) for any interoperability or compatibility issues that may arise when products, software, options or configurations not supported by us are used.

2. The Apps
2.1. Subject to your compliance with these Terms of Use and your payment of any applicable fees payable to us and/or our affiliates, we hereby grant to you a non-exclusive and non-transferable limited licence for you to store, run and use the Pre-installed Apps and Authorised Apps on your H1 Box strictly in accordance with the terms herein and the software licence for such apps (if any) but not further or otherwise.
2.2. We may without liability and with or without notice to you:
(a) update the Pre-installed Apps and Authorised Apps; and/or add, block the use of or remove certain Authorised Apps from time to time in our sole discretion, including but not limited to adding, changing or removing functionalities and features, and changing the user interface or the manner in which you are able to access or use the Apps, the H1 Box Services and/or Content;
(b) limit, change, remove, discontinue, block, disable, restrict or suspend your access to any App, H1 Box Service and/or Content without notice where:
(i) we are of the opinion that such action is appropriate as a result of your use of such App, H1 Box Service and/or Content;
(ii) you breach any of these Terms of Use;
(iii) such App, H1 Box Service and/or Content breaches any applicable law, regulation or regulatory directive, poses a security risk to our and our affiliates’ networks and/or servers, infringes any third party rights, or is otherwise unacceptable as determined by us in our sole discretion;
(iv) we no longer hold the right to distribute or to provide access to such App, H1 Box Service and/or Content; or
(v) we fail to obtain, hold, retain or renew any relevant regulatory approvals or if any relevant regulatory approvals are revoked or if we are required by a relevant authority to cease provision of any App, H1 Box Service and/or Content; and
(c) impose limits on the use of or access to certain features or parts of any Apps, H1 Box Services and/or Content.

3. Services accessed through the H1 Box
3.1. Now TV services accessed through the H1 Box.
(a) The Now TV Terms and Conditions shall apply to your use of the Now TV services accessed through the H1 Box.
3.2. H1 Box services (“H1 Box Services”)
(a) Use of the H1 Box Services requires the maintenance of the H1 Box system software. You will be required to update the H1 Box system software from time to time in order to use the H1 Box Services;
(b) Use of the H1 Box Services requires the maintenance of the System Software. You will be required to update the System Software from time to time in order to use the H1 Box Services;
(c) Use of the H1 Box Services requires your acceptance of Google’s terms of use and/or terms and conditions (collectively, “Google’s Terms of Use”) via the H1 Box before its installation; and you hereby authorise our technicians or field staff to accept Google’s Terms of Use through the H1 Box on behalf of you or anyone authorised by you during installation of the H1 Box at your Premises.
(d) You may only use the H1 Box Services in Hong Kong;
(e) Certain H1 Box Services such as those accessed through certain apps are not provided by us, and any use of such services will be strictly at your own risk; and you agree to comply with the applicable terms and conditions specified by us and/or the relevant third-party providers if you choose to use these services. We make no representation about, and we do not endorse or control the content, performance, quality or reliability of any third-party providers’ services you may access directly or indirectly from time to time using the H1 Box.
(f) You acknowledge that the streaming quality of content accessed through the H1 Box depends on factors not under our control, such as the sufficiency of bandwidth, the strength of your Wi-Fi signal and the specifications and settings of your devices.
(g) You will not be able to use the H1 Box to view Now TV 4K content if:
(i) the installation address of your H1 Box does not have HKT fibre network coverage;
(ii) the devices to which you connect the H1 Box does not have the necessary specifications to support viewing of 4K content (Please refer to nowtv.now.com/support/ or contact us for the latest information);
(iii) the channels or programmes to which you subscribe to are not available in 4K versions; or
(iv) you do not subscribe to our 4K connection service.

4. Restrictions on the Use of the Apps, H1 Box Services and Content
4.1. In your use of the Apps, the H1 Box Services and/or Content, you must always follow and comply with applicable law and these Terms of Use and any other relevant terms and conditions applicable to such apps, services and content. You agree that the use of the Apps, the H1 Box Services and/or Content by any other users, whether authorised by you or not, shall be regarded as use of the Apps, the H1 Box Services and/or Content by you.
4.2. You:
(a) must not, and must not permit any other person to, sell, reproduce, copy, distribute, modify, exploit the Apps, the H1 Box Services, Content and/or System Software; and/or reverse engineer any Apps, Content, H1 Box, and/or System Software;
(b) agree that the Apps, H1 Box Services, H1 Box and Content are only for your private domestic usage, viewing and access at the Premises and shall not yourself, or permit any other person to, show, play, use, access or view the H1 Box Services and/or Content for any public or commercial purposes and/or within any public place or commercial premises and/or on any device in any place outside the Premises;
(c) without limiting sub-clause 4.2(b), shall not charge for use or access to the H1 Box Services, H1 Box, Apps and/or Content or for access to any premises where the H1 Box Services and/or Content are accessed or viewed;
(d) must not, or permit any other person to, or cause the H1 Box Services or any Content to be transmitted, re-transmitted or broadcast or included in a cable programme service, by any means including the Internet;
(e) without limiting sub-clause 4.2(d), must not (except for connecting to a television set in the Premises) transmit, arrange for or authorise the transmission of any H1 Box Services and/or Content, to any device including without limitation any personal computer, television receiver or mobile device or to any device outside the Premises;
(f) must not, or permit any other person to, copy, encode, digitise, reformat, compress, intercept, interfere, or tamper with or otherwise manipulate the signals of the H1 Box Services, H1 Box or Content including output signals of the H1 Box in any way and by any means;
(g) must not issue, create or sponsor any financial instruments or investment products where the price, return and/or performance of such instrument or product is based on or related to any financial index or information in the H1 Box Services or Content;
(h) must not hack or deface any part of the Apps, the H1 Box Services and/or Content;
(i) must not access or use the Apps, H1 Box Services, H1 Box, the Content and/or the System Software for any unlawful purpose or any purpose not expressly authorised by these Terms of Use;
(j) must not remove any copyright, trademark, or other proprietary rights notices contained in the Apps, H1 Box, the H1 Box Services and/or Content;
(k) copy and/or frame any part of the Apps, the H1 Box, H1 Box Services and/or Content without our prior written authorisation;
(l) must not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce, disrupt or circumvent the navigational structure or presentation of the Apps, H1 Box Services, H1 Box and/or Content;
(m) must not hack, break into, or attempt to hack or break into, in any manner the Apps, H1 Box Services, H1 Box and/or any data areas on our server(s) or that of any third parties;
(n) must not download, copy, store, rip, distribute, share or re-direct any Content from the H1 Box Service,s H1 Box and/or the Apps in any way or through any media unless otherwise expressly authorised by us;
(o) must not incorporate any software, application or other materials that contain any virus, malicious code, time bomb, Trojan horse, or other harmful or disruptive component in the Apps, the H1 Box Services, H1 Box System Software and/or H1 Box;
(p) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the H1 Box Services;
(q) interfere with or disrupt the H1 Box Services or servers or networks connected to the H1 Box Services; and
(r) disclose your login details and password (if any) or permit other persons to use your login details and password to access the H1 Box Services. Our authorisation for you to use the H1 Box and H1 Box Services, and to access the Apps and Content through the H1 Box, is conditional upon your strict compliance with each of these Terms of Use; and the Now TV Terms and Conditions (if you subscribe to the Now TV services).
4.3. To the extent you download, upload, access or otherwise transmit any Customer Content, you represent and warrant that
(a) you own all rights in, or have authorisation or are otherwise legally permitted to download, upload or otherwise access and transmit such content using the H1 Box and that such material is not indecent, obscene, defamatory, unlawful, harassing, threatening, libelous, violent, vulgar, invasive of another’s privacy, hateful; racially or ethnically offensive or otherwise objectionable;
(b) you shall not infringe any third party’s intellectual property rights (including without limitation posting, transmitting, accessing or uploading content that you do not own or have permission to post, transmit, access or upload);
(c) you shall not post, transmit, access or upload personal, private or confidential information belonging to others, including but not limited to phone numbers, addresses, banking information, photos or videos taken without the subject’s permission;
(d) you shall not impersonate or misrepresent yourself as another person or entity or otherwise misrepresent your affiliation with a person or entity;
(e) you shall not post or transmit spam, including but not limited to unsolicited or unauthorised advertising, promotional materials or informational announcements; and
(f) you shall not plan or engage in any illegal activity.
4.4. You acknowledge and agree that:
(a) it is not our policy to exercise any editorial control over or to edit or amend any Apps, the H1 Box Services and/or Content before they are used by or transmitted to you;
(b) nothing you do on or in relation to the Apps, H1 Box Services, Content and/or H1 Box, will transfer any intellectual property rights or licence you to exercise any intellectual property rights; and
(c) we can vary, replace or withdraw any content, material, applications, services and/or promotions (whether advertised or not); with or without notice and without liability to you.
4.5. When you are using the H1 Box Services at the same time as your broadband service, there may be a reduction in the bandwidth of such broadband service.

5. Disclaimer of Warranties
5.1. All conditions and warranties relating to our supply of or making available the Apps, the H1 Box Services, Content and the H1 Box implied by law, are excluded to the fullest extent permitted by law.
5.2. You expressly agree that your use of, or inability to use, the Apps, the H1 Box Services, Content and the H1 Box, is at your sole risk. The Apps, H1 Box Services, Content and the H1 Box are provided “as is” and “as available” for your use, without warranties of any kind, express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no representation, promise, warranty, undertaking or guarantee:
(a) as to the quality or continued availability of any App, H1 Box Service and/or Content;
(b) that the Apps, H1 Box Services, Content and/or H1 Box will meet your requirements;
(c) that defects in any System Software will be corrected or the System Software will be compatible or work with any software, applications or services;
(d) that your access to and use of any Apps, H1 Box Services, Content and/or the H1 Box will be uninterrupted, continuous or error-free, free of viruses, malicious code or other harmful components or otherwise secure; and
(e) that installation or presence of, any App or System Software in the H1 Box, or any H1 Box Services and/or Content, will not affect the availability or usability of other software, applications, content and/or services.
5.3. You acknowledge that you have not relied upon any information or statement to the effect that any particular App, H1 Box Service and/or Content will be made available to you for any fixed period of time.
5.4. You agree that we are not responsible or liable for:
(a) the act, negligence or omission of any third-party providers of any Apps, H1 Box Services and/or Content;
(b) your use of or inability to use, any Apps, H1 Box Services and/or Content; and
(c) any transaction or dispute between you and any third-party providers of any Apps, H1 Box Services and/or Content; and
(d) any loss of data and/or files stored in your H1 Box; and we are not obliged to return your data and/or files which remain in the H1 Box after it is returned to us.
5.5. You are solely responsible for making back-up copies of and removing, your data and files stored in the H1 Box; before such returning the same to us.
5.6. To the extent permitted by law, we, our directors, officers, employees, affiliates, agents, contractors, content providers and licensors shall in no event, be liable for any direct, indirect, incidental, punitive, special or consequential damages or losses arising from your use of (or inability to use) the Apps, H1 Box Services, Content and the H1 Box and/or for any claim based in contract, tort, or otherwise related to such use or (inability to use); including but not limited to any errors or omissions in any Apps, H1 Box Services and/or Content, or any loss or damage of any kind incurred as a result of the use of any Apps, H1 Box Services, H1 Box and/or Content, even if advised of their possibility.

6. Indemnity
You agree to indemnify us, our directors, officers, employees, affiliates, agents, contractors, content providers and licensors against any action, liability, cost, claim, loss, damage, proceeding and/or expense suffered or incurred by us and/or them arising from, in connection with or which is related to:
(a) your use, and any other person’s use of the Apps, H1 Box Services, Content and/or the H1 Box;
(b) any breach of these Terms of Use by you;
(c) any theft, loss and/or damage caused to the H1 Box provided to you on rental or complimentary basis provided that your maximum liability under this sub-clause (c) is HK$1,500; and
(d) if you rented a H1 Box from us, any installation, de-installation or reconnection of any H1 Box carried out by you or with your knowledge and/or consent.

7. PINS
7.1. You are responsible for properly using any user IDs, PINs and passwords for the H1 Box Services, if any, and must take all necessary steps to make sure that you keep these confidential and secure, use them properly and do not make these available to unauthorised persons.
7.2. Please note that there may be some H1 Box Services and Content which are not suitable for viewing or which must not be viewed or made accessible to minors. In this regard, you should use your best efforts (including through the use of a PIN) to, amongst other things, control access to such H1 Box Services and/or Content. We will not be responsible for any uses of the PIN we provide to you to access the H1 Box Services (including access to, subscribing to and/or viewing of any Content.)

8. Termination
8.1. If you breach any provisions of these Terms of Use and/or the Now TV Terms and Conditions, we may at our sole discretion, with or without notice to you, suspend or terminate your use of the H1 Box, H1 Box Services, Content and/or the Apps.

9. Privacy
9.1. The personal data and other information (collectively, “Data”) that you provided as a result of or in connection with the H1 Box are collected, used and retained by the relevant service provider(s) of the Services (which shall mean the H1 Box, H1 Box Services, Content and the Apps), being one or more of the members of the Group (being, HKT Limited and PCCW Limited and their respective subsidiaries, affiliates and associated companies), including but not limited to Hong Kong Telecommunications (HKT) Limited, CSL Mobile Limited, Now TV Limited, MOOV (Hong Kong) Limited, PCCW OTT (Hong Kong) Limited, eSmarthealth Limited, HKT Education Limited, Club HKT Limited, HKT CSP Limited, HKT Payment Limited, HKT Financial Services (IA) Limited, The Club Travel Services Limited, Club Services (HKT) Limited and HKT Flexi Limited (as the case maybe), in accordance with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong), other applicable laws, rules and regulations relating to data privacy and the Privacy Statement of the HKT Group (www.hkt.com/legal/privacy.html) and of the PCCW Group (www.pccw.com/legal/privacy.html) (collectively, the “Privacy Statement”). The applicable terms and conditions of the H1 Box, the Privacy Statement, and this Personal Information Collection Statement all apply to and govern our collection, use and disclosure of your Data.
9.2. The Data may be used or maintained by and/or disclosed, at all times to the extent permitted under applicable laws, rules, regulations and licence requirements, to affiliates and/or related companies of the Group, their respective agents (including debt collection agents) and business partners, and/or applicable regulatory bodies or governmental authorities for purposes in connection with the Services, including without limitation processing your application, providing the Services to you, enabling your access and retrieval of account information in relation to the Services, and complying with applicable laws, rules, regulations and licence requirements. HKT Limited is a company incorporated in the Cayman Islands with limited liability.
9.3. Enquiry or requests for access/ correct the Data held by us can be made at any time writing to the HKT Group’s Privacy Compliance Officer (HKT Group: GPO Box 9896 or via email to: privacy@pccw.com).

10. General
10.1. If we make changes to these Terms of Use, we will publish details of all changes online at http://nowtv.now.com/ and these changes shall take effect 30 days after such posting.
10.2. For changes we need to make to meet legal and regulatory requirements, we may not be able to meet the timescale specified in sub-clause 10.1. We will let you know about these changes as soon as we can.
10.3. When we need to contact you, we will use your billing address, e-mail address, mobile or fixed phone number if provided by you to us. If you need to contact us, please use the address on your last bill (if any) or any other postal address, e-mail address or phone number we have given to you for that purpose.
10.4. The notice or communication sent by us shall be treated as received by you: (a) 3 days after posting, if sent by letter; (b) at the time of delivery, if delivered in person; (c) immediately upon faxing if sent by fax and the transmission report indicates that the fax transmission was successful; or (d) immediately upon sending the email, SMS or targeted message (which is sent to your Now TV portal “Message Inbox”), if sent by email, SMS or targeted message respectively.
10.5. These Terms of Use are governed by the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the Hong Kong courts.
10.6. If any term or condition of these Terms of Use becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible and shall be deemed to be deleted from these Terms of Use.
10.7. If you purchased the H1 Box but do not subscribe to the Now TV services, these Terms of Use constitute the entire agreement between you and us. If you purchased or rented the H1 Box and subscribe to the Now TV services, these Terms of Use shall apply to your use of the H1 Box in addition to the terms and conditions of your Contract for the Now TV services; and together they shall constitute the entire agreement between you and us. In the event of any inconsistency between these Terms of Use and your Contract, these Terms of Use shall prevail to the extent of such inconsistency.
10.8. Our failure to enforce any rights or provisions under these Terms of Use shall not constitute a waiver of such or any other provision.
10.9. We shall not be liable or responsible for any failure to fulfil any of our obligations due to causes beyond our reasonable control.
10.10. We can transfer our rights and obligations under these Terms of Use to any person or entity without your consent. We can also use an agent or subcontractor to perform our responsibilities.
10.11. You agree to provide us with the information relating to you or your use of the H1 Box Services and/or the H1 Box we reasonably require:
(a) to help us in complying with applicable law, regulations and codes of practice; and to report to any governmental or regulatory authority regarding such compliance; and
(b) to assess whether or not you have complied, are complying and will be able to continue to comply with all obligations under these Terms of Use.
10.12. The English version of these Terms of Use shall prevail over its Chinese version (if any) which is provided for reference purposes only.

11. Special meanings
In these Terms of Use:

H1 Box includes without limitation the H1 Box, adaptor, remote control handset and/or HDMI cable supplied by us for use of the H1 Box.

H1 Box Content means any data, information, images, graphics, video and/or audio content, applications, downloadable files or other multimedia content that can be accessed using the H1 Box Services, excluding the Customer Content.

H1 Box Services means all services which you may access through the H1 Box including without limitation the services accessed through the Apps; but excluding the Now TV services.

Apps mean the Pre-installed Apps and the Authorised Apps.

Authorised App means an application which is made available to you via our app store (when available) for download and installation in the H1 Box.

Content means (i) the H1 Box Content; and/or (ii) any data, information, images, graphics, video and/or audio content, applications, downloadable files or other multimedia content which you access through the use of any application (excluding any Pre-installed App) downloaded into the H1 Box, and view by using the Media Manager application in the H1 Box.

Contract means the contract between you and us in respect of the use of the Now TV services which is made up of: (i) the Now TV Terms and Conditions (as amended by us from time to time), (ii) the Now TV Service Guide, (iii) your application for the Now TV services and (iv) the Now TV Services Menus.

Customer Content means any data, information, images, graphics, video and/or audio content, applications, downloadable files or other multimedia content which you access by connecting a compatible USB drive or hard disk drive to the H1 Box.

Hong Kong means the Hong Kong Special Administrative Region of the People’s Republic of China.

Now TV services means the television programme services and other services you are authorised to access from time to time on our television service, Now TV.

Personal Data has the same meaning given to it in the Personal Data (Privacy) Ordinance (Chapter 486, the Laws of Hong Kong).

PIN means a personal identification number issued by us to you for your access to the H1 Box Services.

Pre-installed App means an application that has been downloaded and installed by us in the H1 Box before your rental or purchase of the H1 Box.

Premises mean the place where the H1 Box is installed and used from time to time.

System Software means the launcher software, media platforms, software, programmes and/or applications in the H1 Box which are required for the provision of the H1 Box Services, which have been preloaded and preinstalled by us or on our behalf, in the H1 Box.

We or us mean Now TV Limited.

You means the customer who purchases or rents the H1 Box.

Now One 4K UHD All-in-One Set Top Box Terms of Use

You are advised to read the following terms and conditions carefully. By installing the Now One 4K UHD All-in-One Set Top Box (“Now One Box”), allowing the installation of the Now One Box to commence, and/or using the Now One Box, you are agreeing to be bound by the terms and conditions set out in these Now One 4K UHD All-in-One Set Top Box Terms of Use (“Terms of Use”).

If you do not agree to the terms and conditions set out in these Terms of Use, do not install the Now One Box and/or use the Now One Box Services. If you purchase (and not rent) a Now One Box and you do not agree to the terms and conditions set out in these Terms of Use, subject to our Return Policy (if any), you may be eligible for a refund by returning your Now One Box to us or to our authorised sellers from whom you purchased your Now One Box.

1. The Now One Box

1.1 If the Now One Box purchased by you proves to be defective under normal use due to defective materials, design and/or workmanship, we shall provide you with a one year hardware warranty from the date of purchase of your Now One Box, provided that you present the original proof of purchase. You may contact our customer service representatives for further details in respect of the warranty service.
1.2 If the Now One Box rented by you from us proves to be defective under normal use due to defective materials, design and/or workmanship, we shall provide such repair and/or replacement services for the Now One Box as set out in your Contract for the Now TV services.
1.3 Notwithstanding any other provision in these Terms of Use, we shall not be responsible for repairing or replacing any Now One Box as a result of any use that is in breach of or not authorised under these Terms of Use.
1.4 We will not provide warranty, repair or replacement services:
(i) for consumable parts that are designed to diminish over time, or to defects caused by normal wear and tear or otherwise due to the normal ageing of the Now One Box;
(ii) for cosmetic damage, including but not limited to scratches, dents and broken plastic on ports;
(iii) for damage caused by accident, abuse, misuse, fire, earthquake or other external cause;
(iv) for damage caused by using the Now One Box outside our published guidelines or our reasonable instructions;
(v) for damage caused by any service, repair or maintenance performed by anyone who is not authorised by us;
(vi) if the System Software and/or Now One Box have been modified without our written permission;
(vii) if any product identification mark (including the serial number) has been removed or defaced from the Now One Box; or
(viii) if we reasonably believe that Now One Box is a stolen property product and you are unable to prove in any way that you are the owner of the Now One Box (such as by presenting the proof of purchase).

2. The Apps

2.1 Subject to your compliance with these Terms of Use and your payment of any applicable fees payable to us and/or our affiliates, we hereby grant to you a non-exclusive and non-transferable limited licence for you to store, run and use the Pre-installed Apps and Authorised Apps on your Now One Box strictly in accordance with the terms herein and the software licence for such apps (if any) but not further or otherwise.
2.2 We may without liability and with or without notice to you:
(a) update the Pre-installed Apps and Authorised Apps; and/or add, block the use of or remove certain Authorised Apps from time to time in our sole discretion, including but not limited to adding, changing or removing functionalities and features, and changing the user interface or the manner in which you are able to access or use the Apps, the Now One Box Services and/or Content;
(b) limit, change, remove, discontinue, block, disable, restrict or suspend your access to any App, Now One Box Service and/or Content without notice where:
(i) we are of the opinion that such action is appropriate as a result of your use of such App, Now One Box Service and/or Content;
(ii) you breach any of these Terms of Use;
(iii) such App, Now One Box Service and/or Content breaches any applicable law, regulation or regulatory directive, poses a security risk to our and our affiliates’ networks and/or servers, infringes any third party rights, or is otherwise unacceptable as determined by us in our sole discretion;
(iv) we no longer hold the right to distribute or to provide access to such App, Now One Box Service and/or Content; or
(v) we fail to obtain, hold, retain or renew any relevant regulatory approvals or if any relevant regulatory approvals are revoked or if we are required by a relevant authority to cease provision of any App, Now One Box Service and/or Content; and
(c) impose limits on the use of or access to certain features or parts of any Apps, Now One Box Services and/or Content.

3. Services accessed through the Now One Box

4. Restrictions on the Use of the Apps, Now One Box Services and Content

4.1 In your use of the Apps, the Now One Box Services and/or Content, you must always follow and comply with applicable law and these Terms of Use and any other relevant terms and conditions applicable to such apps, services and content. You agree that the use of the Apps, the Now One Box Services and/or Content by any other users, whether authorised by you or not, shall be regarded as use of the Apps, the Now One Box Services and/or Content by you.
4.2 You:
(a) must not, and must not permit any other person to, sell, reproduce, copy, distribute, modify, exploit the Apps, the Now One Box Services, Content and/or System Software; and/or reverse engineer any Apps, Content and/or System Software;
(b) agree that the Apps, Now One Box Services and Content are only for your private domestic usage, viewing and access at the Premises and shall not yourself, or permit any other person to, show, play, use, access or view the Now One Box Services and/or Content for any public or commercial purposes and/or within any public place or commercial premises and/or on any device in any place outside the Premises;
(c) without limiting sub-clause 4.2(b), shall not charge for use or access to the Now One Box Services, Apps and/or Content or for access to any premises where the Now One Box Services and/or Content are accessed or viewed;
(d) must not, or permit any other person to, or cause the Now One Box Services or any Content to be transmitted, re-transmitted or broadcast or included in a cable programme service, by any means including the Internet;
(e) without limiting sub-clause 4.2(d), must not (except for connecting to a television set in the Premises) transmit, arrange for or authorise the transmission of any Now One Box Services and/or Content, to any device including without limitation any personal computer, television receiver or mobile device or to any device outside the Premises;
(f) must not, or permit any other person to, copy, encode, digitise, reformat, compress, intercept, interfere, or tamper with or otherwise manipulate the signals of the Now One Box Services or Content including output signals of the Now One Box in any way and by any means;
(g) must not issue, create or sponsor any financial instruments or investment products where the price, return and/or performance of such instrument or product is based on or related to any financial index or information in the Now One Box Services or Content;
(h) must not hack or deface any part of the Apps, the Now One Box Services and/or Content;
(i) must not access or use the Apps, Now One Box Services, the Content and/or the System Software for any unlawful purpose or any purpose not expressly authorised by these Terms of Use;
(j) must not remove any copyright, trademark, or other proprietary rights notices contained in the Apps, Now One Box, the Now One Box Services and/or Content;
(k) copy and/or frame any part of the Apps, the Now One Box Services and/or Content without our prior written authorisation;
(l) must not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce, disrupt or circumvent the navigational structure or presentation of the Apps, Now One Box Services and/or Content;
(m) must not hack, break into, or attempt to hack or break into, in any manner the Apps, Now One Box Services and/or any data areas on our server(s) or that of any third parties;
(n) must not download, copy, store, rip, distribute, share or re-direct any Content from the Now One Box Services and/or the Apps in any way or through any media unless otherwise expressly authorised by us;
(o) must not incorporate any software, application or other materials that contain any virus, malicious code, time bomb, Trojan horse, or other harmful or disruptive component in the Apps, the Now One Box Services, System Software and/or Now One Box;
(p) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Now One Box Services;
(q) interfere with or disrupt the Now One Box Services or servers or networks connected to the Now One Box Services; and
(r) disclose your login details and password (if any) or permit other persons to use your login details and password to access the Now One Box Services. Our authorisation for you to use the Now One Box and Now One Box Services, and to access the Apps and Content through the Now One Box, is conditional upon your strict compliance with each of these Terms of Use; and the Now TV Terms and Conditions (if you subscribe to the Now TV services).
4.3 To the extent you download, upload, access or otherwise transmit any Customer Content, you represent and warrant that:(a) you own all rights in, or have authorisation or are otherwise legally permitted to download, upload or otherwise access and transmit such content using the Now One Box and that such material is not indecent, obscene, defamatory, unlawful, harassing, threatening, libelous, violent, vulgar, invasive of another’s privacy, hateful; racially or ethnically offensive or otherwise objectionable;
(b) you shall not infringe any third party’s intellectual property rights (including without limitation posting, transmitting, accessing or uploading content that you do not own or have permission to post, transmit, access or upload);
(c) you shall not post, transmit, access or upload personal, private or confidential information belonging to others, including but not limited to phone numbers, addresses, banking information, photos or videos taken without the subject’s permission;
(d) you shall not impersonate or misrepresent yourself as another person or entity or otherwise misrepresent your affiliation with a person or entity;
(e) you shall not post or transmit spam, including but not limited to unsolicited or unauthorised advertising, promotional materials or informational announcements; and
(f) you shall not plan or engage in any illegal activity.
4.4 You acknowledge and agree that:
(a) it is not our policy to exercise any editorial control over or to edit or amend any Apps, the Now One Box Services and/or Content before they are used by or transmitted to you;
(b) nothing you do on or in relation to the Apps, Now One Box Services, Content and/or Now One Box, will transfer any intellectual property rights or licence you to exercise any intellectual property rights; and
(c) we can vary, replace or withdraw any content, material, applications, services and/or promotions (whether advertised or not); with or without notice and without liability to you.
4.5 When you are using the Now One Box Services at the same time as the NETVIGATOR Broadband service, there may be a reduction in the bandwidth of the NETVIGATOR Broadband service.

5. Disclaimer of Warranties

7. PINS

7.1 You are responsible for properly using any user IDs, PINs and passwords for the Now One Box Services, if any, and must take all necessary steps to make sure that you keep these confidential and secure, use them properly and do not make these available to unauthorised persons.
7.2 Please note that there may be some Now One Box Services and Content which are not suitable for viewing or which must not be viewed or made accessible to minors. In this regard, you should use your best efforts (including through the use of a PIN) to, amongst other things, control access to such Now One Box Services and/or Content. We will not be responsible for any uses of the PIN we provide to you to access the Now One Box Services (including access to, subscribing to and/or viewing of any Content).

8.1 If you breach any provisions of these Terms of Use and/or the Now TV Terms and Conditions, we may at our sole discretion, with or without notice to you, suspend or terminate your use of the Now One Box, Now One Box Services, Content and/or the Apps.

9.1 We collect, process, disclose, retain or use your Personal Data in accordance with the PCCW Privacy Policy Statement which is published on www.pccw.com/legal/privacy.html.
9.2 If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may decline to provide the Now One Box and/or Now One Box Services to you.
9.3 You will, as soon as possible, tell us of any change of address or any other particulars provided to us which may affect our provision of the Now One Box Services to you.

10.1 If we make changes to these Terms of Use, we will publish details of all changes online at http://nowtv.now.com/ and these changes shall take effect 30 days after such posting.
10.2 For changes we need to make to meet legal and regulatory requirements, we may not be able to meet the timescale specified in sub-clause 10.1. We will let you know about these changes as soon as we can.
10.3 When we need to contact you, we will use your billing address, e-mail address, mobile or fixed phone number if provided by you to us. If you need to contact us, please use the address on your last bill (if any) or any other postal address, e-mail address or phone number we have given to you for that purpose.
10.4 The notice or communication sent by us shall be treated as received by you: (a) 3 days after posting, if sent by letter; (b) at the time of delivery, if delivered in person; (c) immediately upon faxing if sent by fax and the transmission report indicates that the fax transmission was successful; or (d) immediately upon sending the email, SMS or targeted message (which is sent to your Now TV portal “Message Inbox”), if sent by email, SMS or targeted message respectively.
10.5 These Terms of Use are governed by the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the Hong Kong courts.
10.6 If any term or condition of these Terms of Use becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible and shall be deemed to be deleted from these Terms of Use.
10.7 If you purchased the Now One Box but do not subscribe to the Now TV services, these Terms of Use constitute the entire agreement between you and us. If you purchased or rented the Now One Box and subscribe to the Now TV services, these Terms of Use shall apply to your use of the Now One Box in addition to the terms and conditions of your Contract for the Now TV services; and together they shall constitute the entire agreement between you and us. In the event of any inconsistency between these Terms of Use and your Contract, these Terms of Use shall prevail to the extent of such inconsistency.
10.8 Our failure to enforce any rights or provisions under these Terms of Use shall not constitute a waiver of such or any other provision.
10.9 We shall not be liable or responsible for any failure to fulfil any of our obligations due to causes beyond our reasonable control.
10.10 We can transfer our rights and obligations under these Terms of Use to any person or entity without your consent. We can also use an agent or subcontractor to perform our responsibilities.
10.11 You agree to provide us with the information relating to you or your use of the Now One Box Services and/or the Now One Box we reasonably require:
(a) to help us in complying with applicable law, regulations and codes of practice; and to report to any governmental or regulatory authority regarding such compliance; and
(b) to assess whether or not you have complied, are complying and will be able to continue to comply with all obligations under these Terms of Use.
10.12 The English version of these Terms of Use shall prevail over its Chinese version (if any) which is provided for reference purposes only.

In these Terms of Use:
Apps mean the Pre-installed Apps and the Authorised Apps.
Authorised App means an application which is made available to you via our app store (when available) for download and installation in the Now One Box.
Content means the Now One Box Content and Customer Content.
Contract means the contract between you and us in respect of the use of the Now TV services which is made up of: (i) the Now TV Terms and Conditions (as amended by us from time to time), (ii) the Now TV Service Guide, (iii) your application for the Now TV services and (iv) the Now TV Services Menus.
Customer Content means any data, information, images, graphics, video and/or audio content, applications, downloadable files or other multimedia content which you access by connecting a compatible USB drive or hard disk drive to the Now One Box and using the Media Manager application in the Now One Box to view such content.
Hong Kong means the Hong Kong Special Administrative Region of the People’s Republic of China. Now One Box includes without limitation the Now One Box, remote control handset, power supply unit and/or cable supplied by us for use of the Now One Box.
Now One Box Content means any data, information, images, graphics, video and/or audio content, applications, downloadable files or other multimedia content that can be accessed using the Now One Box Services, excluding the Customer Content.
Now One Box Services means all services which you may access through the Now One Box including without limitation the services accessed through the Apps; but excluding the Now TV services.
Now TV services means the television programme services and other services you are authorised to access from time to time on our television service, Now TV.
Personal Data has the same meaning given to it in the Personal Data (Privacy) Ordinance (Chapter 486, the Laws of Hong Kong).
PIN means a personal identification number issued by us to you for your access to the Now One Box Services.
Pre-installed App means an application that has been downloaded and installed by us in the Now One Box before your rental or purchase of the Now One Box.
Premises mean the place where the Now One Box is installed and used from time to time.
System Software means the media platforms, software, programmes and/or applications in the Now One Box which are required for the provision of the Now One Box Services, which have been preloaded and preinstalled by us or on our behalf, in the Now One Box.
We or us mean Now TV Limited.
You means the customer who purchases or rents the Now One Box.

Upgrade to HD/4K Terms & Conditions

1. HD/4K content is only available to the customers who have successfully subscribed to the HD/4K Connection and Set-Top Box Rental Service and subscribed to the designated HD/4K version of the channels or channel packs. Customers can view the HD/4K version of the channels that they have subscribed to (where available). Please also note that only designated channels and programmes are available in 4K versions and some are not available for viewing on Now TV App.

The following channels are currently available in HD:
CH102 CH105 CH108 CH111 CH112 CH113 CH114 CH115
CH116 CH133 CH138 CH139 CH155 CH156 CH208 CH209
CH210 CH211 CH212 CH213 CH215 CH216 CH 217 CH220
CH221 CH222 CH223 CH316 CH320 CH330 CH331 CH332
CH333 CH440 CH443 CH460 CH502 CH510 CH512 CH517
CH525 CH526 CH527 CH528 CH529 CH541 CH542 CH620
CH621 CH622 CH623 CH624 CH625 CH626 CH630 CH631
CH632 CH633 CH634 CH635 CH636 CH637 CH638 CH639
CH640 CH642 CH643 CH644 CH645 CH646 CH668 CH670 CH671 CH674
CH679 CH680 CH681 CH683 CH684 CH713 CH714 CH901 CH903

The following channels are currently available in 4K:
CH218 CH611 CH612 CH613

2. The number of these HD/4K channels may be adjusted from time to time. Please refer to nowtv.now.com/terms-and-conditions or contact us for the latest information.

3. Customer can terminate his/her HD/4K Connection and Set-Top Box Rental Service subscription before the end of the commitment period by giving at least 30 days’ valid prior written notice to us but he/she has to pay early termination charges equivalent to the remaining charges payable under such plan for the period from the date of termination up to the expiry of the commitment period.

4. If you have subscribed to the HD or 4K Connection and Set-Top Box Rental Service, please note that the picture quality of certain programmes on the Now TV services will be affected by many factors including the network coverage, quality of the content provided by third parties, the specification of Now TV equipment, your mobile devices, equipment and your network bandwidth.

5. You will not be able to use the Now TV set-top box to view Now TV 4K content if:
(i) your Now TV set-top box does not support 4K Connection and Set-Top Box Rental Service
(ii) the installation address of your Now TV set-top box does not have HKT ¬fibre network coverage;
(iii) the devices to which you connect the Now TV set-top box does not have the necessary specifications to support viewing of 4K content (Please refer to nowtv.now.com/support/ or contact us for the latest information);
(iv) the channels or programmes to which you subscribe to are not available in 4K versions; or
(v) you do not subscribe to our 4K Connection and Set-Top Box Rental Service.

6. You will not be able to use the Now TV website/ App (iOS & Android) to view Now TV 4K content if:
(i) the mobile devices, equipment or network bandwidth does not have the necessary specifications to support viewing of 4K content (Please refer to nowtv.now.com/support/ or contact us for the latest information);
(ii) the channels or programmes to which you subscribe to are not available in 4K versions;
(iii) the 4K versions of channels or programmes to which you subscribe to are not available for viewing on Now TV App; or
(iv) you do not subscribe to our 4K Connection and Set-Top Box Rental Service.
The quality of video is subject to your network conditions.

TV Recording Service Terms and Conditions

All users of the TV Recording Service (the “Service”) must read and accept the following TV Recording Service Terms and Conditions (these “Terms and Conditions”) before using such service. By using the Service, you are deemed to have agreed to be bound by these Terms and Conditions.

Unless otherwise defined, capitalised terms used in these Terms and Conditions shall have the meanings set forth in the Now TV Terms and Conditions (available at http://nowtv.now.com/terms-and-conditions?&lang=en)

A. Hardware Requirement

D. General

The English version of these terms and conditions shall prevail over the Chinese version, which is provided for information purposes only.

Now Record Service Terms and Conditions

All users of the Now Record Service must read and accept the following Now Record Service Terms and Conditions before using such service. By using the Now Record Service, you are deemed to have agreed to be bound by these Terms and Conditions.

A. Registration

1. Upon registration for the Now Record service, you can make requests to record certain programmes on selected channels on Now TV (i) by using your Now TV set top box remote control; or (ii) through the Now TV Guide app.
2. You are entitled to use the Now Record service to make requests to record a programme on Now TV only if you subscribe to the specified channel(s) on Now TV. Upon the termination of your subscription to such channel(s), you shall no longer be entitled to use the Now Record service to record programmes from such channel(s).

B. The Now Record Service

1. For the “Schedule Record” application, you must make your recording request before the start of your programme and no earlier than 7 days before the date and time of the programme listed in the Now TV electronic programme guide.
2. You can make a request by selecting the programme from the programme grid displayed in the “Schedule” or by choosing the “Record” application. Once a recording request is made, it cannot be cancelled.
3. Once you send a recording request, the Now Record service will search for the programme and then record the programme on the Now TV network server.
4. For the “Instant Record” application, selecting the “Record” function will record the programme that is being broadcast at the time of recording. The recording will stop at the end of the programme.
5. If a programme is cancelled or re-scheduled after a recording request is made, it will be highlighted as “Cancelled” under the “Playlist”.
6. The recorded programme will be stored in the Now TV server for up to 10 days and will be removed thereafter even if you have not viewed the programme.
7. If you pause your viewing of the recorded programme, you can resume your playback from where you paused if you resume viewing within 6 hours after the commencement of your playback. You can view a recorded programme by utilising applications such as “PLAY”, “PAUSE”, “FFD” and/or “REW”.
8. Please note that once the entire programme has been transmitted or when you press the “STOP” button, your viewing of such programme will cease immediately.
9. Please note that no refund of any subscription or viewing fees will be made to you under any circumstances (including when any programme is not transmitted or recorded or if its transmission or recording is interrupted or incomplete).
10. Channel switching cannot be done during the viewing of a programme. The recording and/or transmission of a programme may be interrupted at any time without any prior notice to you.

C. Access of Now Record Service through Now TV Guide app

1. You may also make requests to record programmes by accessing the Now Record Service via the Now TV Guide app. The Now TV Guide app is available for download from the Apple App Store or Google Play. You may only access the Now Record Service via the Now TV Guide app by logging in with your Now ID. For details on how to register for a Now ID, please visit http://nowplayer.now.com/signup.
2. All programmes recorded using the Now Record Service can only be viewed on Now TV through television sets and not on other devices (including any mobile phones or mobile devices).

D. General

1. Now TV Limited shall be entitled to amend the fees (if any) for the viewing and/or recording of any programme and/or amend these Terms and Conditions at anytime, without any prior notice to you. The updated version of these Terms and Conditions can be viewed at [http://nowtv.now.com/terms-and-conditions] or on the Now Record Service landing page accessed through your Now TV portal.
2. Please note that Now TV Limited will NOT be responsible or liable for any content, change of schedule in the transmission of any programme, any failure to record any programme in accordance with your request or any suspension, interruption or disruption of the Now Record Service.
3. The Now TV Terms and Conditions shall apply to your viewing and recording of all the programmes and content recorded using the Now Record Service and in the event of any inconsistency between these Terms and Conditions and the Now TV Terms and Conditions, these Terms and Conditions shall prevail to the extent of such inconsistency.
4. The English version of these Terms and Conditions shall prevail over the Chinese version, which is provided for information purposes only.

Terms of Use of this Site

1. These Terms and Conditions

(a) Please read these Terms and Conditions carefully as they apply to your use of this Internet site (“Site”). By using the Site, you agree to be bound by the following terms and conditions (“Terms and Conditions”)

(b) We technically operate the Site. However, we exercise no editorial control over much of the Content on the Site and in many cases, other persons provide the Content on the Site or operate parts of the Site or other Internet sites you may view or access through the Site (“Third Party Providers“).

(c) We may revise these Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

(d) By using this site, you also agree to be bound by the Now TV Terms and Conditions (nowtv.hk/terms-and-conditions) . In the event of conflict between these Terms and Conditions and the Now TV Terms and Conditions, the Now TV Terms and Conditions shall prevail.

2. Registration

(a) You may be required to register with us in order to access certain parts of the Site (“Sub-Portal“). Where you are required to register:

(i) you must provide us with accurate, complete and updated registration information;

(ii) you must safeguard any user name and password which we provide to you; and

(iii) you authorise us to assume that any person using the Site with your user name and password is either you or is duly authorised to act for you.

(b) You acknowledge that your use of some Sub-Portals may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:

(i) will apply to your use of such Sub-Portal in addition to these Terms and Conditions; and

(ii) will prevail over these Terms and Conditions to the extent of any inconsistency.

3. Services

(a) You acknowledge that we may, in our sole discretion and with or without notice:

(i) vary the Site or any part of the Site (including any Sub-Portal for which you are required to register); and

(ii) modify or discontinue this Site, any part of the Site and the services available on it.

4. Fees

(a) We reserve the right at any time to:

(i) charge fees; and

(ii) vary or amend the terms and conditions which cover such fees, for access to or use of all or some parts of the Site.

(b) The introduction of charges or amendments to terms and conditions referred to in Clause 4(a) will be treated as (at our sole discretion):

(i) amendments to these Terms and Conditions; or

(ii) the introduction of, or amendments to, terms and conditions which govern a Sub-Portal, and you will be notified and bound by those new or amended terms and conditions accordingly.

5. Site Content

(a) You acknowledge that Content on the Site is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights“). Unless you are expressly authorised by law, you must not yourself, or participate in or permit any other person, to, directly or indirectly:

(i) sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent;

(ii) use any Content on any other web site or in a networked computer environment for any purpose;

(iii) reverse engineer any Content consisting of downloadable software; or

(iv) otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.

(b) Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.

6. Your Use of the Site

(a) You must not Post any Content that:

(i)  you do not have the right to post;

(ii) is defamatory or in contempt of any legal or other proceedings;

(iii) is misleading or deceptive;

(iv) incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;

(v) denounces religious or political beliefs;

(vi) includes religious or political material which is or is likely to be offensive;

(vii) is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety;

(viii) is of a menacing character;

(ix) is likely to cause annoyance, inconvenience or anxiety;

(x) is likely to encourage crime, public disorder, violence or hatred;

(xi) is likely to damage public health, safety or morals;

(xii) infringes any copyright, trade mark, patent or other intellectual property right of another person;

(xiii) contains any unsolicited or unauthorised advertising or promotional material;

(xiv) contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or

(xv) impersonates any person or misrepresents your relationship with any person.

(b) You must not:

(i) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;

(ii) violate any Applicable Law relating to your use of the Site; or

(iii) collect or store personal data about other users of the Site.

7. Other User Content

(a) The Site may contain Content uploaded, posted, emailed or otherwise electronically transmitted (“Posted“, and to “Post” shall be construed accordingly) by users of the Site, including you (“User Content“).

(b) We do not monitor or exercise editorial control over User Content. However, we reserve the right:

(i) to access or examine any User Content; and

(ii) at our discretion move, remove or disable access to User Content which we consider, in our sole opinion to breach any Applicable Law or to be otherwise unacceptable.

(c) In relation to any Content Posted by you, you grant us a perpetual, irrevocable, royalty-free licence throughout the world to use, reproduce, modify, adapt, publish, translate, sublicense, create derivate works from, incorporate in other works (whether electronic or not), distribute, perform and display such Content, whether in whole or in part.

(d) You acknowledge that we may remove Content Posted by you in accordance with any applicable guidelines, such as guidelines relating to period of storage or the maximum disc space which is allotted to you.

8. Third Party Providers

(a) You acknowledge that:

(i) parts of the Site; and

(ii) parts of the Content, are provided or maintained by Third Party Providers and not by us.

(b) Your correspondence or dealings with any Third Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.

9. Links and Advertisements

(a) We have not reviewed all of the sites linked to the Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Site (including without limitation sites linked through advertisements or through any search engines).

(b) Some links which appear on the Site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.

(c) Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers.

(d) We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.

10. Personal Data and Cookies

(a) In using the Site you may give us “personal data” as defined in the Personal Data (Privacy) Ordinance. You have certain rights in this personal data. By using the Site you grant us the consent to use your personal data in accordance with our Privacy Policy Statement (available at https://www.hkt.com/privacy-statement?locale=en).

(b) During your use of the Site, we may issue to and request from your computer blocks of data known as “cookies”. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.

(c) We may use Third Party Providers (e.g. advertising company such as DoubleClick) to serve advertisements on the Site and other web sites. These Third Party Providers may use information (not including your name, address, email address or telephone number) about your visits to the Site and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you. To find out more about the use of cookies and the information-gathering practices and opt-out procedures of DoubleClick, please go to www.google.com.hk/policies/privacy/.

(d) We may use web analytic service and tools provided by Third Party Providers (e.g. Google Analytics provided by Google, Inc.) on the Site to help us monitor and analyse visitor traffic, behaviour and statistics on the Site. To do so, Google Analytics mainly uses first-party cookies, which store non-personally identifiable information, to report to us on user interactions on the Site. For more details on Google Analytics, please visit www.google.com/analytics/. To find out how Google Analytics collects and processes data, please go to the site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/.

11. The Use of the Site Is At Your Risk

(a) You use the Site at your risk. You must evaluate and bear all risks associated with the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where information relating to companies, investments or securities is provided on or via the Site, such information is provided for information purposes only. You should seek your own independent advice with respect to any Content.

(b) We endeavour to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components.

(c) Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Content. We urge you to keep backup copies of Content you Post to, maintain on or use with the Site.

(d) If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.

(e) Without limiting the above provisions, everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

(f) If a jurisdiction does not allow the exclusion of implied warranties in accordance with Clause 11(e) but allows limitations of a certain maximum extent then we limit our warranties to that extent.

12. Limitation of Liability

(a) We will accept no liability whatsoever for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

(b) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with Clause 12(a) but allows a limitation of a certain maximum extent then our liability is limited to that extent.

13. Cancellation of Registration

(a) Where you are required to register with us, you may cancel such registration at any time by notifying us.

(b) We may cancel your registration if you do not visit the Site for an extended period of time, or if we reasonably believe that you have violated any Applicable Laws, acted inconsistently with the spirit of these Terms and Conditions, or have violated our rights or those of another party.

(c) When your registration is cancelled, you may no longer have access to Content on the Site (even if such Content was Posted by you, or is kept on or via, the Site by you), and we may delete such material.

(d) The provisions of these Terms and Conditions entitled “The Use of the Site Is At Your Risk” (Clause 11), “Limitation of Liability” (Clause 12) and “General Provisions” (Clause 15) will survive cancellation of your registration or termination of this registration.

14. Notices

(a) We will give you any necessary notices by posting them on the Site. You agree:

(i) to check the Site for notices; and

(ii) that you will be considered to have received a notice when it is made available to you by posting on the Site.

15. General Provisions

(a) If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(b) These Terms and Conditions will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

(c) You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of these Terms and Conditions.

(d) The English version of these Terms and Conditions shall prevail over any Chinese version (if any) which is provided for information purposes only.

16. Definitions

(a) “Applicable Law” in relation to any person, action or thing means the following in relation to that person, action or thing:

(i) any law, rule or regulation of any country (or political sub-division of a country);

(ii) any obligation under any licence in any country (or political sub-division of a country); and

(iii) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

(b) “Content” includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, data, software, images, photographs, illustrations, text, information, graphics, video content, audio content, applications, downloadable files, multimedia content and other content and materials).

(c) “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.

(d) “We” or “us” or “our” means Now TV Limited.

Adjustment to charges of equipment

Adjustment to charges for failure to return or any replacement or repair of, any equipment provided by Now TV Limited (including decoders).

With effect from July 2, 2024, the charges payable by customers who fail to return or require any replacement of, any equipment provided by Now TV Limited (including, without limitation, decoders and set-top boxes) to receive the Now TV services, or for repair and maintenance of any such equipment, will be at the prevailing rates specified by Now TV Limited from time to time.

Now TV Service Guide

You may review our service guide here.

Onsite Equipment Collection Service Fee:
Customers can choose to return their Now TV service equipment to our designated service centres or request for onsite collection of the service equipment from their Now TV installation address by our staff, upon termination of their Now TV subscriptions. Please note that a service fee of HK$300 will be charged for onsite collection of service equipment.

(With effective from 6th June, 2022)

Now TV Contract/Application Form 

You may review our contract/application form here.

Terms and Conditions – Now TV Activation Codes and Now TV Passes (without Set-Top Box)

1. General Terms and Conditions of Now TV Activation Codes(s) and Now TV Pass(es)

1.1 A customer can use a Now TV activation code (“Code”) to redeem a corresponding pass for designated Content of Now TV services (“Pass”) (for example an Event Pass for a sports tournament) through the Now TV website (https://s.nowtv.hk/redeem-code).

1.2 Each Code can only be used once. Now TV Limited shall not be liable for invalidation or loss of any Code; and/or any delay or failure to broadcast any matches.

1.3 Once purchased, subscribed, redeemed, or otherwise used, there will be no refund or change for any Pass or any other Now TV packs/service plans.

1.4 To access the Now TV services and the Pass by using the Now Apps (Now TV App on compatible mobile devices and/or specific smart televisions) and the Now TV Website on compatible computer operating systems, browsers and applications, you must have a Now ID. Customer may create a Now ID by providing a Hong Kong mobile number or email address and by following the instructions on the Now TV App or the Now TV Website. If a customer has an existing Now ID and would like to use the Pass under the existing Now ID, such a customer must log-in with the existing Now ID prior to redeeming the Pass by using the Code, provided that such Now ID did not register with any Now TV services with a Set-Top Box. If a customer has a mobile number registered for Netvigator, csl, 1O1O and/or Club Sim services and would like to use the Pass under the same mobile number, the customer must create or otherwise log-in to his/her Now ID using the same mobile number that registered for such services.

1.5 All matches and/or programmes are subject to cancellation and/or suspension by the organiser. Dates and times of all matches and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note Now TV Limited cannot guarantee the continued availability of the channels, programme and services on the Now TV services for the entire duration of your Pass subscription and it shall not be liable for any failure, unavailability or delay in the broadcast, of any content, channels and/or programmes.

1.6 The Pass may only be used in Hong Kong S.A.R. and for private purposes. It is strictly prohibited to and a material violation of these terms and conditions if any person accesses, uses or watches the content of the Pass outside Hong Kong S.A.R. or for non-private/commercial purposes.

1.7 The Code and the Pass, respectively, are not applicable to customer with a Now ID that has registered with any Now TV services with a Set-Top Box.

1.8 Any Code and any Pass, respectively, cannot be exchanged for cash, returned, or resold, and will not be replaced if damaged.

1.9 The Pass and the Now TV service, respectively, are subject to additional terms and conditions. Please refer to the Now TV Terms and Conditions, Now TV App/ Website Terms and Conditions and Now TV Service Guide. Please refer to https://www.nowtv.now.com/terms-and-conditions and https://nowplayer.now.com/setting-sn-termsnconditions-npa for details. The Pass and these Terms and Conditions are governed by the laws of the Hong Kong S.A.R.

1.10 Now TV is available in designated areas only. Now TV is a registered trademark of the HKT Group. Now TV Limited reserves the right to cancel the Pass and amend these Terms and Conditions, the Terms and Conditions of the UEFA EURO 2024™ Event Pass, the Now TV Terms and Conditions, Now TV App/ Website Terms and Conditions, and Now TV Service Guide at any time without prior notice. In the event of any dispute, the decision of Now TV Limited shall be final.

1.11 If there is any conflict or inconsistency between the English version and the Chinese version of the Terms and Conditions, the English version shall prevail.

2. Additional Terms and Conditions of UEFA EURO 2024™ Event Pass

2.1 The UEFA EURO 2024™ Event Pass (“Euro Event Pass”) permits a customer to watch UEFA EURO 2024™ live matches and re-runs (“EURO 2024 Matches”) from 15 June 2024 to 15 July 2024. EURO 2024 Matches will be broadcasted on Now TV Channel 618 and/or Channel 619 and/or Channel Lucky 688. On the Now TV services, re-runs will be available on-demand within 24 hours of the relevant live events and will not be available after 14 August 2024. The Euro Event Pass and its corresponding activation code (“Euro Activation Code”), respectively, will expire on 14 August 2024.  The Euro Event Pass is valid from its activation until 23:59:59 14 August 2024. The relevant channels of the Event Pass will be available for viewing upon successful subscription or successful redemption of the Euro Activation Code (as applicable). Channel Lucky 688 content is suitable for mature viewer only.

2.2 In Hong Kong, live UEFA EURO 2024™ Matches will be broadcasted exclusively by Now TV (certain matches, such as the opening match and the final match, will be available on free-to-air TV).

2.3 All matches are subject to cancellation and/or suspension by the organiser. Dates and times of all matches and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note Now TV Limited cannot guarantee the continued availability of the channels, programme and services on the Now TV services for the entire duration of your Euro Event Pass subscription; and it shall not be liable for any unavailability or delay in the broadcast, of any matches and/or programming.

3. Additional Terms and Conditions of Premier League and LALIGA EA SPORTS 12-Month Pass

3.1 The Premier League and LALIGA EA SPORTS 12-Month Pass (“PLLL Pass”) and its corresponding activation code (“PLLL Activation Code”), respectively, will expire on 23:59:59, 30 June 2025. The relevant channels of the PLLL Pass will be available for viewing upon successful subscription or successful redemption of the PLLL Activation Code (as applicable). The PLLL Pass is valid for 12 months after activation.

3.2 Now TV will broadcast all Premier League matches in Hong Kong exclusively on pay TV for the seasons of 2024/2025 to 2027/28. Designated matches will be delivered in 4K per season. Now TV will also broadcast LALIGA EA SPORTS matches in Hong Kong on pay TV for two seasons, from 2024/2025 to 2025/2026. Please note that Now TV cannot guarantee live broadcast of all matches of each LaLiga season.

3.3 All matches are subject to cancellation and/or suspension by the organiser. Dates and times of all matches and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note Now TV Limited cannot guarantee the continued availability of the channels, programme and services on the Now TV services for the entire duration of your Event Pass subscription; and it shall not be liable for any unavailability or delay in the broadcast, of any matches and/or programming.

3.4 The Code and Pass, respectively, are not applicable to existing customer who already subscribed Now TV Soccer Pack or Super Sports Pack Plus.

4. Additional Terms and Conditions of NBA Pack 1-Month Pass (without a Now TV Set-Top Box) 

4.1 NBA Pack 1-month Pass will be available for viewing upon successful redemption of the Now TV NBA Pack 1-month Pass Activation Code (as applicable). The Now TV NBA Pack 1-month Pass is valid for 1 month after activation.

4.2 All matches are subject to cancellation and/or suspension by the organiser. Dates and times of all matches and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note Now TV Limited cannot guarantee the continued availability of the channels, programme and services on the Now TV services for the entire duration of your Pass subscription; and it shall not be liable for any unavailability or delay in the broadcast, of any matches and/or programming.

5. Additional Terms and Conditions of beIN SPORTS Super Pack 12-Month Pass (without a Now TV Set-Top Box) 

5.1 beIN SPORTS Super Pack 12-month Pass will be available for viewing upon successful redemption of the Now TV beIN SPORTS Super Pack 12-month Pass Activation Code (as applicable). The Now TV beIN SPORTS Super Pack 12-month Pass is valid for 12 month after activation.

5.2 All matches are subject to cancellation and/or suspension by the organiser. Dates and times of all matches and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note Now TV Limited cannot guarantee the continued availability of the channels, programme and services on the Now TV services for the entire duration of your Pass subscription; and it shall not be liable for any unavailability or delay in the broadcast, of any matches and/or programming.

6. Additional Terms and Conditions of 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS, MUTV & Now Sports Premier League TV) 1-month Pass (without a Now TV Set-Top Box) 

6.1 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS, MUTV & Now Sports Premier League TV) 1-month Pass and its corresponding activation code respectively, will expire on 23:59:59, 30 June 2025. The relevant channels of the 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS, MUTV & Now Sports Premier League TV) 1-month Pass will be available for viewing upon successful subscription or successful redemption of the 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS, MUTV & Now Sports Premier League TV) 1-month Pass Activation Code (as applicable). The 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS, MUTV & Now Sports Premier League TV) 1-month Pass Pass is valid for 1 month after activation.

6.2 Now TV will broadcast all Premier League matches in Hong Kong exclusively on pay TV for the seasons of 2024/2025 to 2027/28. Designated matches will be delivered in 4K per season. Now TV will also broadcast LALIGA EA SSPORTS matches in Hong Kong on pay TV for two seasons, from 2024/2025 to 2025/2026. Please note that Now TV cannot guarantee live broadcast of all matches of each LaLiga season.

6.3 All matches are subject to cancellation and/or suspension by the organiser. Dates and times of all matches and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note Now TV Limited cannot guarantee the continued availability of the channels, programme and services on the Now TV services for the entire duration of your Event Pass subscription; and it shall not be liable for any unavailability or delay in the broadcast, of any matches and/or programming.

6.4 The Code and Pass, respectively, are not applicable to existing customer who already subscribed Now TV Soccer Pack or Super Sports Pack Plus.

7. Additional Terms and Conditions of 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS, MUTV & Now Sports Premier League TV) 12-month Pass (without a Now TV Set-Top Box) 

7.1 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS, MUTV & Now Sports Premier League TV) 12-month Pass and its corresponding activation code respectively, will expire on 23:59:59, 30 June 2025. The relevant channels of the 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS, MUTV & Now Sports Premier League TV) 12-month Pass will be available for viewing upon successful subscription or successful redemption of the 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS, MUTV & Now Sports Premier League TV) 12-month Pass Activation Code (as applicable). The 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS, MUTV & Now Sports Premier League TV) 12-month Pass Pass is valid for 12 month after activation.

7.2 Now TV will broadcast all Premier League matches in Hong Kong exclusively on pay TV for the seasons of 2024/2025 to 2027/28. Designated matches will be delivered in 4K per season. Customers are required to subscribe SD/HD/4K Connection and Now TV Set-Top Box Rental Fee together in order to view the 4K version of the channels (including matches in 4K resolution). Now TV will also broadcast LALIGA EA SPORTS matches in Hong Kong on pay TV for two seasons, from 2024/2025 to 2025/2026. Please note that Now TV cannot guarantee live broadcast of all matches of each LALIGA EA SPORTS season.

7.3 All matches are subject to cancellation and/or suspension by the organiser. Dates and times of all matches and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note Now TV Limited cannot guarantee the continued availability of the channels, programme and services on the Now TV services for the entire duration of your Event Pass subscription; and it shall not be liable for any unavailability or delay in the broadcast, of any matches and/or programming.

7.4 The Code and Pass, respectively, are not applicable to existing customer who already subscribed Now TV Soccer Pack or Super Sports Pack Plus

8.  Additional Terms and Conditions of Now TV Premier League & LALIGA EA SPORTS Day Pass (without a Now TV Set-Top Box) 

8.1 Now TV Premier League and LALIGA EA SPORTS Day Pass (Without Set-Top Box) and its corresponding activation code, respectively, will expire on 23:59:59, 30 June 2025. Day Pass is effective immediately for watching the program upon activation until 23:59 on the day after the activation date.

8.2 All matches are subject to cancellation and/or suspension by the organiser. Dates and times of all matches and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note Now TV Limited cannot guarantee the continued availability of the channels, programme and services on the Now TV services for the entire duration of your Event Pass subscription; and it shall not be liable for any unavailability or delay in the broadcast, of any matches and/or programming.

8.3 The Code and Pass, respectively, are not applicable to existing customer who already subscribed Now TV Soccer Pack, 3-Pack Soccer Combo or Super Sports Pack Plus

9. Additional Terms and Conditions of Now TV $38 Movie Voucher Discount Code (without a Now TV Set-Top Box) 

9.1 Customers can use the Now TV “Now Video Express” Discount Code (“Discount Code”) to enjoy a HK$38 discount to rent a selected movie at listed price HK$38 or below through Now TV’s “Now Video Express” service on Now TV website (https://s.nowtv.hk/nowtvrentnow). If the total charges for the relevant movie rental is less than HK$38, the remaining balance of the Discount Code will be forfeited. Now TV shall not be liable for invalidation or loss of any Discount Code.

9.2 The Discount Code is not applicable if the total amount of the relevant movie rentals is more than HK$38.

9.3 You can view yours rented movie as many times you like within 48 hours of renting the Selected Movie.

10. Additional Terms and Conditions of Now TV Junior Pack 12-month Pass (without a Now TV Set-Top Box) 

10.1 The Now TV Junior Pack 12-month Pass activation code (“Code”) and the Now TV Junior Pack 12-month Pass (without a Now TV Set-Top Box) (“Pass”), respectively, are not applicable to customer with a Now ID that has registered with any Now TV services with a Set-Top Box.

10.2 The Code is valid on or before 23:59:59 on 31 December 31 2025 for redeeming, failing which the Code will expire.

10.3 Pass will be effective immediately after successfully redeems of the Code. The Pass will be valid for 12 months from the date of redemption. All programs are subject to cancellation and/or suspension by the organiser. Dates and times of all programs and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note that Now TV Limited cannot guarantee the continued availability of the content, channels, programmes and/or services on the Now TV services for the entire duration of your Pass subscription; and it shall not be liable for any failure, unavailability or delay in the broadcast, of any content, channels and/or programmes.

10.4 Your use of the Code, the Pass and the Now TV services, respectively, are subject to additional terms and conditions. Please refer to Terms and Conditions – Junior Pack 12-month Pass (without a Now TV Set-Top Box), Now TV Things to know before you buy, Now TV Terms and Conditions, Now TV Terms and Conditions – Now TV Activation Codes and Now TV Passes (without Set-Top Box) and Now TV Service Guide. Please refer to https://www.nowtv.now.com/terms-and-conditions and https://nowplayer.now.com/setting-sn-termsnconditions-npa for details. The Code, the Pass and these Terms and Conditions are governed by the laws of the Hong Kong S.A.R. In the event of any dispute, the decision of Now TV Limited shall be final. If there is any conflict or inconsistency between the English version and the Chinese version of the Terms and Conditions, the English version shall prevail.

11. Additional Terms and Conditions of Now TV Now Golf Pack 3-month Pass (without a Now TV Set-Top Box) 

11.1 Now TV Now Golf Pack 3-month Pass activation code (“Code”) and the Now TV Now Golf Pack 3-month Pass (without a Now TV Set-Top Box) (“Pass”), respectively, are not applicable to customer with a Now ID that has registered with any Now TV services with a Set-Top Box.

11.2 The Code is valid on or before 23:59:59 on 31 December 2024 for redeeming, failing which the Code will expire.

11.3 Pass will be effective immediately after successfully redeems of the Code. The Pass will be valid for 3 months from the date of redemption. All programs are subject to cancellation and/or suspension by the organiser. Dates and times of all programs and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note that Now TV Limited cannot guarantee the continued availability of the content, channels, programmes and/or services on the Now TV services for the entire duration of your Pass subscription; and it shall not be liable for any failure, unavailability or delay in the broadcast, of any content, channels and/or programmes.

11.4 Your use of the Code, the Pass and the Now TV services, respectively, are subject to additional terms and conditions. Please refer to Now TV Now Golf Pack 3-month Pass (without a Now TV Set-Top Box) Terms and Conditions, Now TV Things to know before you buy, Now TV Terms and Conditions, Now TV Terms and Conditions – Now TV Activation Codes and Now TV Passes (without Set-Top Box) and Now TV Service Guide. Please refer to https://www.nowtv.now.com/terms-and-conditions and https://nowplayer.now.com/setting-sn-termsnconditions-npa for details. The Code, the Pass and these Terms and Conditions are governed by the laws of the Hong Kong S.A.R. In the event of any dispute, the decision of Now TV Limited shall be final. If there is any conflict or inconsistency between the English version and the Chinese version of the Terms and Conditions, the English version shall prevail.

12. Additional Terms and Conditions of 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS) 1-month Pass (without a Now TV Set-Top Box) 

12.1 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS) 1-month Pass and its corresponding activation code respectively, will expire on 23:59:59, 30 June 2025. The relevant channels of the 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS) 1-month Pass will be available for viewing upon successful subscription or successful redemption of the 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS) 1-month Pass Activation Code (as applicable). The 3-pack Soccer Combo (Premier League & LALIGA EA SPORTS) 1-month Pass Pass is valid for 1 month after activation.

12.2 Now TV will broadcast all Premier League matches in Hong Kong exclusively on pay TV for the seasons of 2024/2025 to 2027/28. Designated matches will be delivered in 4K per season. Now TV will also broadcast LALIGA EA SSPORTS matches in Hong Kong on pay TV for two seasons, from 2024/2025 to 2025/2026. Please note that Now TV cannot guarantee live broadcast of all matches of each LaLiga season.

12.3 All matches are subject to cancellation and/or suspension by the organiser. Dates and times of all matches and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note Now TV Limited cannot guarantee the continued availability of the channels, programme and services on the Now TV services for the entire duration of your Event Pass subscription; and it shall not be liable for any unavailability or delay in the broadcast, of any matches and/or programming.

12.4 The Code and Pass, respectively, are not applicable to existing customer who already subscribed Now TV Soccer Pack or Super Sports Pack Plus.

13. Additional Terms and Conditions of NBA Pack 7-Day Pass (without a Now TV Set-Top Box) 

13.1 NBA Pack 7-Day Pass will be available for viewing upon successful redemption of the Now TV NBA Pack 7-Day Pass Activation Code (as applicable). The Now TV NBA Pack 7-Day Pass is effective immediately for watching the program upon activation until 7 days after the activation date.

13.2 All matches are subject to cancellation and/or suspension by the organiser. Dates and times of all matches and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note Now TV Limited cannot guarantee the continued availability of the channels, programme and services on the Now TV services for the entire duration of your Pass subscription; and it shall not be liable for any unavailability or delay in the broadcast, of any matches and/or programming.

13.3 The Code and Pass, respectively, are not applicable to existing customer who already subscribed Now TV NBA Pack.

14. Additional Terms and Conditions of NBA Pack 24-month Pass (without a Now TV Set-Top Box) 

14.1 NBA Pack 7-Day Pass will be available for viewing upon successful redemption of the Now TV NBA Pack 24-month Pass Activation Code (as applicable). 24-month Pass Pass is valid for 24 months after activation.

14.2 All matches are subject to cancellation and/or suspension by the organiser. Dates and times of all matches and events may be subject to change from time to time, so please refer to official announcements by the organiser for the latest information. Please note Now TV Limited cannot guarantee the continued availability of the channels, programme and services on the Now TV services for the entire duration of your Pass subscription; and it shall not be liable for any unavailability or delay in the broadcast, of any matches and/or programming.

14.3 The Code and Pass, respectively, are not applicable to existing customer who already subscribed Now TV NBA Pack.

Now TV Live Chat Terms and Conditions

1. The Terms and Conditions

(a) Please read the following terms and conditions carefully as they apply to your use of the live chat function of the Now TV Apps and Now TV Website* (“Live Chat”). By accessing or using the Live Chat, you acknowledge your understanding of and agree to be bound by these terms and conditions.

(b) We may revise these terms and conditions from time to time by updating this posting. Unless otherwise specified, the revised terms will take effect when they are posted.

(c) Unless explicitly stated otherwise, any new features or modifications to the Live Chat, shall be subject to these terms and conditions.

* Please note that Live Chat is only currently available on Now TV Apps, and therefore, any reference to “Now TV Website” under these terms and conditions is not yet applicable until further notice, but all of the remaining terms of these terms and conditions shall remain valid and enforceable.

2. Registration

(a) You are required to login to the Now TV Apps or Now TV Website in order to access the Live Chat, where you are required to register a Now ID:
i. you must provide us with true, accurate, correct and up-to-date registration information;
ii. you are responsible for properly using any Now IDs, PINs and passwords for the Now TV services, if any, and must take all necessary steps to make sure that you keep these confidential and secure, use them properly and do not make these available to unauthorised third party. You agree to inform us immediately if you discover any actual or potential unauthorised use of the Now IDs, PINs and passwords; and
iii. you authorise us to assume that any person using the Live Chat with your Now ID and password is either you or is authorised to act for you.

(b) By participating in the chatroom of the Live Chat, you are required to provide a nickname that will be publicly visible to other users in the Live Chat (“Nickname”). You acknowledge and consent to the disclosure of this Nickname. You shall ensure your chosen Nickname does not contain any personal information or confidential information, such as your real full name, home address, bank account details, or any other sensitive personal data.

(c) You agree that the use of the Now TV services, Now TV Apps and Now TV Website, including the Live Chat, is subject to the Now TV Terms and Conditions set out in https://www.nowtv.now.com/terms-and-conditions/. In the event of conflict between these Terms and Conditions and the Now TV Terms and Conditions set out in https://www.nowtv.now.com/terms-and-conditions/, the Now TV Terms and Conditions shall prevail.

3. Service

You acknowledge that we may, in our sole discretion and with or without notice:

(a) vary the Live Chat and/or any part thereof (including its chatrooms); modify, disable, remove or discontinue the Live Chat and/or any part of thereof (including its chatrooms), and the services or any Content available on the Live Chat;

(b) deactivate the Live Chat at any time to carry out system maintenance, upgrading, testing and/or repairs;

(c) restrict or deny you to access the Live Chat and/or any part thereof (including its chatrooms) for any reason; and

(d) disallow you from using the Live Chat and mask any of your chat message(s) for any reason in our sole and absolute discretion.

4. Content and Other User Content

(a) We are responsible for the technical operation of the Live Chat. However, we generally do not exercise editorial control over most of the Content on the Live Chat and in almost all cases other persons provide the Content on the Live Chat or operate parts of the Live Chat and/or other internet sites you may view or access through the Live Chat (“Third Party Providers”).

(b) We make no representation, promise, warranty, undertaking or guarantee as to the quality, completeness, usefulness or continuity of any particular Content, and disclaim all liability for any Content.

(c) You acknowledge that Content on the Live Chat is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”). Unless you are expressly authorized by law you must not yourself, or participate in or permit any other person, to:
i. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or
ii. download, copy, store, rip, distribute, share or re-direct any Content from the Live Chat in any way or through any media; or
iii. use any Content on any other web site or application or in a networked computer environment for any purpose; or
iv. reverse engineer any Content consisting of downloadable software; or
v. otherwise infringe the Intellectual Property Rights of any person in using the Live Chat and/or any Content.

(d) Nothing you do on or in relation to the Live Chat and/or Content will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless this is expressly stated.

(e) The Live Chat may contain Content uploaded, posted, emailed or otherwise electronically transmitted (“Posted” or “Post” as the case may be) by users of the Live Chat, including you (“User Content”).

(f) We generally do not exercise editorial control over User Content; however, we reserve the rights (but do not have any obligation) and you grant us such rights, for any reason at any time without further notice, including without limitation, to:
i. to monitor, access or examine any User Content; and
ii. at our discretion to mask or disable access to User Content which we consider, in our sole opinion to breach any Applicable Law or to be otherwise unacceptable or inappropriate.

(g) In relation to any User Content Posted by you, you grant us a perpetual, irrevocable, royalty-free license throughout the world to use, reproduce, modify, adapt, publish, translate, sublicense, create derivative works from, incorporate in other works (whether electronic or not), distribute, perform and display such Content, whether in whole or in part. You undertake that such User Content does not breach any Applicable Law and does not infringe any Intellectual Property Rights of any third party.

(h) You acknowledge that we may remove User Content posted by you for any reason at any time, such as in accordance with any applicable guidelines, such as guidelines relating to period of storage or the maximum storage space which is allotted to you.

(i) You acknowledge and agree that:
i. we generally do not and have no duty to exercise any editorial control over certain Content and do not make any claims as to the truth in or otherwise appropriateness of such Content;
ii. Content on the Live Chat are provided by Third Party Providers, and their availability and the availability of such Content, are beyond our control;
iii. you have not relied upon any information or statement to the effect that any particular Content will be made available to you in whole or in part;
iv. any Content solely expresses the view of the author or speaker of the Content, not our views or any entity associated with us;
v. you may find that the Content on the Live Chat to be offensive, defamatory, insensitive, indecent, obscene, vulgar, violent, hateful, discriminatory, uncomfortable, annoying, triggering, inappropriate, misleading, deceptive, untruthful, upsetting and/or otherwise not suitable for you, and you agree that we are not responsible for censoring such Content; and
vi. there may be some Content which is not suitable for viewing by minors. You are responsible for checking the identity and/or age of any person who wishes or intends to view any such Content before you permit that person to view such Content and for generally ensuring that minors do not access such Content using your Now ID, password and/or other login information.

5. Your Use of the Live Chat

(a) You must not Post any Content onto the Live Chat that:
i. you do not have the right to Post;
ii. is defamatory or in contempt of any legal or other proceedings;
iii. is misleading or deceptive;
iv. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
v. denounces religious or political beliefs;
vi. includes religious or political material which is or is likely to be offensive;
vii. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety;
viii. is of a menacing character;
ix. is likely to cause annoyance, inconvenience or anxiety;
x. is likely to encourage crime, public disorder, violence or hatred;
xi. is likely to damage public health, safety or morals;
xii. infringes any copyright, trade mark, patent or other intellectual property right of another person;
xiii. contains any unsolicited or unauthorized advertising or promotional material;
xiv. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
xv. impersonates any person or misrepresents your relationship with any person.

(b) You must not:
i. disrupt or interfere with the Live Chat, or servers or network or other software, hardware or equipment connected to or via the Live Chat;
ii. restrict or inhibit any other persons from using the Live Chat; including, without limitation, by means of “hacking” or defacing any portion of the Live Chat;
iii. modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Live Chat and/or Content;
iv. remove any copyright, trademark, or other proprietary rights notices contained in the Live Chat and/or Content;
v. copy and/or frame any part of the Live Chat and/or Content without our prior written authorization;
vi. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce, disrupt or circumvent the navigational structure or presentation of the Live Chat and/or Content;
vii. hack, break into, or attempt to hack or break into, in any manner the Live Chat, Content and/or any data areas on our server(s) or that of any third parties;
viii. incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component into the Live Chat and/or any Content;
ix. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Live Chat;
x. violate any Applicable Law relating to your use of the Live Chat;
xi. collect or store personal data about other users of the Live Chat;
xii. leak or expose your personal data or any other confidential information through the Live Chat; or
xiii. use the Live Chat for commercial or unlawful purposes, or purposes other than your personal use or enjoyment.

6. Third Party Providers

(a) You acknowledge that parts of the Live Chat and/or Content are provided or maintained by Third Party Providers and not by us.

(b) Your correspondence or dealings with any Third Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.

7. Links and Advertisements

(a) We have not reviewed any of the sites linked to the Live Chat and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Live Chat (including without limitation sites linked through advertisements or through any search engines).

(b) Some links and/or URLs which appear on the Live Chat may be offensive or inappropriate to some people. The inclusion of any link and/or URL does not imply that we endorse the linked site, and you use the links and/or URLs at your own risk.

(c) Your correspondence or dealings with, or participation in promotions of, advertisers on the Live Chat are solely between you and such advertisers.

(d) We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Live Chat.

8. Personal Data and Cookies

(a) In using the Live Chat, the personal data that you provide and other information collected, generated and/or compiled by us about you (“Data”) will be collected, used and retained by Now TV Limited in accordance with the Privacy Statement of HKT Group.

(b) You may refuse to provide any Data to us. However, we may decline to provide the Live Chat and/or any Content to you.

(c) You are entitled to access, correct or enquire about your Data being held by us.  For any such request, please do so by writing to the HKT Group’s Data Protection Officer (GPO Box 9896 or privacy@pccw.com).

(d) During your use of the Live Chat, we may issue to and request from your computer blocks of data known as “cookies”. You must not alter any cookies sent to your computer from the Live Chat and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Live Chat.

9. The Use of the Live Chat is at Your Risk

(a) You use the Live Chat at your own risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where information relating to sports betting and odds calculation is provided on or via the Live Chat, such information is provided for information purposes only. You should seek your own independent advice with respect to any Content.

(b) We endeavor to provide the Live Chat in a convenient and functional manner, but we do not guarantee that the Content will be error free or that the Live Chat or the server that operates the Live Chat are free of viruses or other harmful components.

(c) Although we will use reasonable endeavors to maintain the Content, we do not undertake to provide support or maintenance services for the Content.

(d) If your use of the Live Chat results in any need of servicing or replacing property, material, equipment or data, we will not be responsible for such costs.

(e) Without limiting the above provisions, everything on the Live Chat is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

(f) If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (e) above but allows limitations of a certain maximum extent, then we limit our warranties to that extent.

10. Limitation of Liability

(a) To the extent permitted by law, our aggregate liability to you, whether for breach of these terms and conditions or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms and conditions, the Live Chat is limited to 100 Hong Kong dollars.

(b) To the extent permitted by law, neither we nor any party involved in creating, producing, or delivering the Live Chat and/or any Content will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from access to, or use of, or inability to use the Live Chat and/or the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

(c) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) above but allows a limitation of a certain maximum extent, then our liability is limited to that extent.

11. Matters beyond our reasonable control

Sometimes, we may not be able to do what we have agreed because of an event beyond our reasonable control (for example because of fire or flood or severe weather). In these cases, we do not accept responsibility for the delay or failure to provide you with the Live Chat and/or any Content in accordance with these terms and conditions. We can end or suspend your access to the Live Chat and/or any Content immediately in such event.

12. Cancellation, Restriction or Suspension of the Live Chat and/or the Content

(a) We may limit, restrict, suspend or terminate your use of the Live Chat and/or the Content or any part thereof at any time without notice if:
i. we reasonably believe that you have violated any Applicable Laws, acted inconsistently with the letter or spirit of these terms and conditions, or have violated our rights or those of another party;
ii. we are required by Applicable Law to do so;
iii. there is an emergency that affects our ability to provide the Live Chat and/or any Content;
iv. the Live Chat and/or any Content is withdrawn from distribution for whatever reason;
v. we no longer operate the Live Chat or hold the right to distribute the Now TV Service and/or any Content;
vi. we fail to obtain, hold, retain or renew any relevant regulatory approvals or if any relevant regulatory approvals are revoked or if we are required by Applicable Law or a relevant authority to cease operation of the Live Chat or the transmission of the Live Chat and/or any Content; or
vii. the Live Chat and/or any Content including any advertising therein fails to comply with any Applicable Law, regulatory standards, relevant laws or any requirements or orders issued from time to time by a relevant authority.

(b) Upon suspension or termination of your access to the Live Chat, all licenses, rights and privileges granted to you under these terms and conditions shall cease. Any such termination shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in these terms and conditions which is expressly or by implication intended to come into or continue in force on or after such termination.

(c) The provisions of these terms and conditions entitled “Use of the Live Chat is at Your Risk”, “Limitation of Liability”, and “General Provisions” will survive cancellation of your registration with or non-use of the Live Chat.

13. Notices

We will give you any necessary notices by posting them on the Live Chat. You agree:

(a) to check the Live Chat for notices; and

(b) that you will be considered to have received a notice when it is made available to you on the Live Chat.

14. General Provisions

(a) You accept that these terms and conditions between you and us for the Live Chat is personal to you and agree not to transfer it to anyone else, or to try to do so without our prior written consent. However, we may take instructions from a person who we think, with good reason, is acting with your permission.

(b) We can transfer our rights and obligations hereunder to any person or entity without your consent. We can also use an agent or subcontractor to perform our responsibilities.

(c) If any part of these terms and conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(d) These terms and conditions will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

(e) You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, licensors, content providers, sub-contractors and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from or which is related to your use of the Live Chat and/or the Content or your breach of these terms and conditions.

(f) The English version of these terms and conditions shall prevail over any Chinese version which is provided for information purposes only.

15. Definitions

“Applicable Law” in relation to any person, action or thing means the following in relation to that person, action or thing:
(a) any law, rule or regulation of any country (or political sub-division of a country);
(b) any obligation under any license in any country (or political sub-division of a country); and
(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

“Content” includes things that you may see, read, hear, download or access on or via the Live Chat (including but not limited to messages, information, graphics, audio or visual content, applications, multi-media content, files, data, software, images, photographs, illustrations, text and other materials).

“We” or “us” means Now TV Limited.

(Last Update: 8 November 2024)