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 and/or any other content, multimedia or otherwise, 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 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.

Software has the meaning as meaning set out in clause 19 of these Terms and Conditions.

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.

The Darjeeling Limited