Terms and Conditions
of the 1-month Trial Service of Premier League
Important Notice:
The following terms and conditions (“these Terms and Conditions”) apply to your access and use of the 1-month Trial Service of Premier League (the “Service”). By registering and activating the Service, you agree to be bound by these Terms and Conditions.
- 1. The Service
- 1.1 The Service can only be accessed upon successful registration and activation on mobile devices with specific operating systems. Please check the FAQ section on the Service website at free621.nowtv.now.com for details.
- 1.2 The Service is a trial service which allows you to watch the Premier League on Now TV Channel 621 for 30 days from the date of successful registration and activation.
- 1.3 The use of the Service is subject to network service capacity as determined by us from time to time at our sole discretion.
- 1.4 The use of the Service and the Content requires an Internet connection with sufficient bandwidth. You are responsible for paying all communication and data charges incurred for the use of the Service and viewing of the Content.
- 1.5 The Service is restricted for use in the Hong Kong Special Administrative Region ("Hong Kong”) only.
- 2. Our rights and responsibilities
- 2.1 "We" and "us" mean PCCW Media Limited in relation to the provision of the Service and the Content under these Terms and Conditions.
- 2.2 We may:
- (a) deactivate the Service at any time without notice to carry out system maintenance, upgrading, testing and/or repairs;
- (b) limit or suspend your access to the Service and/or the Content without notice where we are of the opinion that such action is appropriate as a result of your use of the Service and/or the Content or where you breach any of these Terms and Conditions; and
- (c) expand, reduce, withdraw and/or modify any part of the Service and/or any Content (meaning any content made available or appearing in the Service 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 the Service), remove, disable and/or suspend transmission or streaming of the Service or Content which we consider in our sole opinion, breaches any applicable law, regulation or regulatory directive or to be otherwise unacceptable.
- 3. Your responsibilities
- 3.1 You:
- (a) have to be aged 18 or above to access or use the Service;
- (b) are only authorized to use the Service and view the Content for your own personal and non-commercial use in accordance with these Terms and Conditions;
- (c) will be strictly and solely responsible for your own use of the Service and any use of the Service by any person on your mobile devices will be treated by us as use by you;
- (d) must not, and must not permit any other person, to sell, reproduce, copy, distribute, transmit, publish, modify, exploit the Service, prepare derivative works based on the Content;
- (e) agree that the Service and Content are only for your private domestic usage, viewing and access and shall not yourself, or permit any other person to, show, play, use, access or view the Service and/or Content for any public or commercial purposes unless with our prior written consent;
- (f) without limiting sub-clause 3.1(e), shall not charge for use or access to the Service or any Content or for access to any premises where the Service or Content are viewed;
- (g) will abide by all relevant laws of Hong Kong and any operating and/or usage rules, as amended from time to time; and
- (h) will report any violation of these Terms and Conditions to our customer service team.
- 3.2 You agree not to:
- (a) restrict or inhibit any other persons from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;
- (b) access or use the Service, the Content or the Software (as defined in Clause 6.1) for any unlawful purpose or any purpose not expressly authorized by these Terms and Conditions;
- (c) modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Service, any of the Software and/or any Content;
- (d) remove any copyright, trademark, or other proprietary rights notices contained in the Service and/or the Content;
- (e) copy and/or frame any part of the Service or the Content without our prior written authorization;
- (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 Service and/or the Content;
- (g) collect information of users of the Service;
- (h) hack, break into, or attempt to hack or break into, in any manner the Service, the Software, 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 the Service in any way or through any media;
- (j) incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- (k) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; and
- (l) interfere with or disrupt the Service or servers or networks connected to the Service.
- 3.3 Our authorization for you to access, receive and use the Service is conditional upon your strict compliance with each of these Terms and Conditions.
- 4. Personal Data and Information
- 4.1 You need to provide us with your mobile number and email address to register for and activate, the Service. No other personal data or information will be required. Failure to provide a valid mobile number may result in rejection of your registration and activation request.
- 4.2 Your mobile number and email address may be collected and retained by us for marketing purposes if you have opted to receive such information; and your personal data will be handled in accordance with the PCCW Privacy Policy Statement which is available for viewing at www.pccw.com/legal/privacy.html.
- 4.3 You agree to provide us with the information relating to you and your use of the Service we reasonably require:
- (a) to help us in complying with the applicable law and to report to any government or regulatory 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 these Terms and Conditions.
- 5. Acknowledgements
- 5.1 You acknowledge that:
- (a) at all times only one video may be streamed through the Service;
- (b) we do not exercise any editorial control over certain Content and do not make any claims as to the truth in such Content;
- (c) you can only access the Service and view the Content via one (1) mobile device at any one time;
- (d) most of the Content are provided by third party providers, and not by us. The availability of such Content is outside our control;
- (e) we make no representation, promise, warranty, undertaking or guarantee as to the quality, completeness, usefulness or continuity of any particular Content;
- (f) 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;
- (g) we can vary, replace or withdraw any Content or any part of the Service (whether advertised or not) at any time with or without notice and without liability to you;
- (h) we can change or reduce the number of hours of broadcast of any Content.
- (i) any Content solely expresses the view of the speaker of the Content, not our views or any entity associated with us;
- (j) we disclaim all liability for any Content; and your use or inability to use the Service;
- (k) nothing you do on or in relation to the Service and/or the Content will transfer any intellectual property rights to you or license you to exercise any intellectual property rights;
- (l) 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;
- (m) parts of the Service and the 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;
- (n) unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to these Terms and Conditions;
- (o) we may at any time employ and/or install Software in any mobile device(s) used by you, for purposes of detecting any downloading, copying, storing, ripping, distribution, sharing or re-direction of any Content from the Service in any way or through any media; and
- (p) the provision of the Service is contingent upon the network and service capacity allocated by us (including but not limited to streaming capacity) for the Service 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 Service, whether authorized or not) for any failure or delay in accessing the Service or any part thereof (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 Service; and
- (q) the broadcast of the 2017/2018 seasons of the Premier League on the Service is subject to the agreement signed by us with the rights holder of Hong Kong to broadcast the same.
- 6. Software Licence
- 6.1 You may from time to time be requested to download, update and install software, applications and/or programs from the Service ("Software") and we hereby grant to you a non-exclusive and non-transferable licence for you to store, run and use the Software on mobile devices with specific operating systems in accordance with these Terms and Conditions and any software licence which accompanies the Software but not further or otherwise.
- 6.2 You agree to download and install the Software in mobile devices with specific operating systems, to be used by you for accessing and/or installing the Service and/or to view the Content.
- 6.3 You acknowledge that we may refuse to provide the Service to you in the event you fail to successfully download and install the appropriate Software as required.
- 7. Links and Advertisements
- 7.1 We have no control over any third party web sites linked to the Service; and are not responsible for the content or accuracy of any off-site pages or any other third party web sites linked to the Service (including without limitation sites linked through advertisements). Some links which appear on the Service 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 Service 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 Service.
- 7.2 We may use third-party advertising companies (such as Doubleclick) to track and/or measure advertising effectiveness on the Service and certain web sites. These companies may use information about your visits to the Service and these web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
- 8. Indemnities
- 8.1 You agree to indemnify, hold harmless and defend us, our directors, officers, employees, affiliates, content providers, contractors, sub-contractors, licensors and agents 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/or any other person’s use of the Service, the Content, and/or the Software; and
- (b) any breach of any of these Terms and Conditions by you.
- 8.2 Clause 8.1 shall survive the termination of your agreement with us for the Service.
- 9. General Warranties & Liability
- 9.1 The Service, Content and Software are provided to you on an “AS-IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we and our content providers (and their affiliates) 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 Service, the Software and/or any Content, that the Service 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 Service and/or any Content unless otherwise specifically mentioned in these Terms and Conditions. We disclaim any representation or warranty that the Service will meet your requirements; and/or your access to and use of the Service will be uninterrupted or error-free, free of viruses, malicious code or other harmful components or otherwise secure.
- 9.2 To the fullest extent permitted by law, we, our directors, officers, employees, affiliates, content providers, contractors, sub-contractors, licensors and agents shall in no event, be liable for:
- (a) any direct, indirect, incidental, punitive, special or consequential damages or losses, or any damages or losses of any kind arising from your use of or inability to use the Service, the Software and/or any Content;
- (b) any claim based on contract, tort, or otherwise or related to your use of or inability to use, the Service, Software and/or any Content or any part thereof;
- (c) any errors or omissions in the Service and/or any Content or any part thereof; and
- (d) any infringement of intellectual property rights arising from your use of the Service, the Software and/or any Content, even if advised of the possibility of such damages or claims.
- 9.3 Clauses 9.1 and 9.2 shall survive the termination of your agreement with us for the Service.
- 10. 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 access to and/or use of the Service in accordance with these Terms and Conditions. We can suspend or end your access to and/or use of the Service and/or any Content immediately in such event.
- 11. Termination
- 11.1 We may, at our sole discretion, cease providing the Service and/or any Content to you at any time without giving any prior notice to you.
- 11.2 For serious misuse described in Clauses 3 and 14, we may suspend or terminate your access to the Service immediately with or without giving any prior notice to you. Otherwise, if you breach these Terms and Conditions, we may suspend or end your access to the Service without giving any advance notice.
- 11.3 We may also suspend or restrict your access to the Service 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 Service; we will tell you what needs to be done before we can restore the Service.
- 12. Effect of Termination
- 12.1 Upon termination of your access to the Service, all licences, 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.
- 13. Our other rights to suspend/end your access to the Service and/or Content
- 13.1 We can limit, suspend, end or restrict your access to the Service and/or any Content, without giving you any advance notice if:
- (a) the law requires us to do so;
- (b) there is an emergency that affects our ability to provide the Service and/or any Content;
- (c) you breach any of these Terms and Conditions;
- (d) the Service and/or any Content is withdrawn from distribution for whatever reason;
- (e) we no longer hold the right to distribute the Service and/or any Content;
- (f) 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 transmission of the Service and/or any Content; or
- (g) the Service or Content including any advertising therein fails to comply with any regulatory standards, relevant laws or any requirements or orders issued from time to time by a relevant authority.
- 14. Unauthorized access
- 14.1 Unauthorized access to the Service is a breach of these Terms and Conditions and a violation of the law. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Service or the Content.
- 15. Changing the terms
- 15.1 We may need to change these Terms and Conditions from time to time. The latest version of the terms and conditions will be available on the latest version of the Service website at free621.nowtv.now.com and they shall take effect upon posting.
- 16. Other things we need to tell you
- 16.1 You accept that the agreement between you and us for the Service 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.
- 16.2 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.
- 16.3 When we need to contact you, we will use your mobile number if provided by you to use. If you need to contact us, please visit nowtv.now.com for our contact information.
- 16.4 These Terms and Conditions are governed by the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
- 16.5 If any term or condition herein 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 and Conditions.
- 16.6 Save and except for our affiliates, any person or entity who is not a party to the agreement between you and us for the Service, shall have no right under the Contracts (Rights of Third Parties) Ordinance (Cap 623) of Hong Kong to enforce any of these Terms and Conditions.
- 16.7 Whether or not you subscribe to any Now TV service, these Terms and Conditions constitute the entire agreement between you and us with respect to your use of the Service.
- 16.8 The English version of these Terms and Conditions shall prevail over the Chinese version (if any) which is provided for information purposes only.
The Trial Service can only be used on mobile device running on Android (version 4.0 above) or iOS (version 7.0 or above) with Chrome or Safari web browser.