The following terms and conditions (“these Terms and Conditions”) apply to your use of the Now Player service (“Now Player”) accessed through the Now Player App (“App”) and/or the http://nowplayer.now.com website (the “Service Website”). By accessing and/or using Now Player, you agree to be bound by these Terms and Conditions.
TERMS AND CONDITIONS OF NOW PLAYER
1. Now Player
- 1.1 Now Player can only be accessed through specific computer operating systems, browsers and/or mobile device applications. Please visit http://nowplayer.now.com/support/technical section for details.
- 1.2 The App, Service Website, Now Player and Content are restricted for use in the Hong Kong Special Administrative Region ("Hong Kong”) only.
- 1.3 Certain Content on Now Player is only available to registered users who have subscribed to certain channels and/or services on our Now TV service.
- 1.4 Where access to certain Content on Now Player is restricted to registered users, you may only access such Content by using a login ID (which is currently a Now ID which you have to register for) and providing related passwords.
- 1.5 You may download certain Content on up to four (4) mobile devices (but simultaneous viewing on multiple mobile devices is not permitted) 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.
- 1.6 The use of the App, Now Player, Service Website and the Content require an Internet connection with sufficient bandwidth. You are responsible for paying any communication or data transmission costs incurred by using the App, Now Player, Service Website and/or the Content.
2. Our rights and responsibilities
- 2.1 "We", "us" and “our” mean PCCW Media Limited in relation to the provision of Now Player, App, Service Website and Content under these Terms and Conditions.
- 2.2 We may:
- (a) deactivate Now Player at any time without notice to carry out system maintenance, upgrading, testing and/or repairs;
- (b) limit or suspend your access to Now Player and/or Content without notice where we are of the opinion that such action is appropriate as a result of your use of the App, Now Player, Service Website and/or Content or where you breach any of these Terms and Conditions; and
- (c) expand, reduce, withdraw and/or modify any part of the App, Now Player, Service Website and/or any Content (meaning any content made available or appearing in Now Player and/or on the Service 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 Now Player), remove, disable and/or suspend transmission or streaming of Now Player 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 Now Player and/or Content;
- (b) are only authorized to use Now Player 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 App, Now Player, Service Website and the Content and any use of the App, Now Player and/or Service Website by any party who uses your login details 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 App, Now Player and/or Service Website, prepare derivative works based on the Content, and/or reverse engineer the App, Now Player, Service Website and/or Content;
- (e) agree that Now Player 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 Now Player 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 Now Player or any Content or for access to any premises where Now Player 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;
- (h) will provide true, accurate, current and complete information about yourself as required to complete your application for and/or use of the App, Now Player, the Service Website, login ID and/or Content ("User Data");
- (i) will agree to maintain and promptly update the User Data you have submitted to us and keep it true, accurate, current and complete;
- (j) 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 Player and/or Content; and refuse any and all current or future use of Now Player and/or Content;
- (k) will report any violation of these Terms and Conditions to our customer service team;
- (l) safeguard your login details and password(s) (if any) and ensure that they are not disclosed or provided to any other person; and
- (m) access Now Player from only one mobile device or computer at any time if you login as a registered user.
- 3.2 You agree not to:
- (a) restrict or inhibit any other persons from using the App, Now Player and/or Service Website, including, without limitation, by means of "hacking" or defacing any portion of the App, Now Player and/or Service Website;
- (b) access or use the App, Now Player, the Service Website, Content or 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, modify, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the App, Now Player, the Service Website, any of the Software and/or any Content;
- (d) remove any copyright, trademark, or other proprietary rights notices contained in the App, Now Player, Service Website and/or Content;
- (e) copy and/or frame any part of the App, Now Player, Service Website and/or 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 App, Now Player, Service Website and/or Content;
- (g) collect information of users of the App, Now Player and/or Service Website;
- (h) hack, break into, or attempt to hack or break into, in any manner the App, Now Player, the Software, Service 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 Now Player 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 Player 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 Player;
- (m) 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; and
- (n) interfere with or disrupt Now Player or servers or networks connected to Now Player.
- 3.3 Our authorization for you to access and use the App, Now Player, Service Website and Content is conditional upon your strict compliance with each of these Terms and Conditions.
4. Personal Data and Information
- 4.2 If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may decline to provide you a Now ID (for purposes of accessing certain Content on Now Player), Now Player and/or any Content to you.
- 4.3 You will provide us with the information relating to you or your use of Now Player 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.
- 5.1 You acknowledge that:
- (a) at all times only one video or channel may be streamed through Now Player;
- (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) certain channels, programs and other Content on Now Player are provided by third party providers, not by us. Their availability, and the availability of programs on such channels, are outside our control;
- (d) we make no representation, promise, warranty, undertaking or guarantee as to the quality, completeness, usefulness or continuity of any particular Content;
- (e) you have not relied upon any information or statement to the effect that any particular Content will be made available to you for the whole or part of the term of your subscription to the Content;
- (f) we can vary, replace or withdraw any Content or any part of Now Player with or without notice to you and without liability to you;
- (g) we can change or reduce the number of hours of broadcast of any Content;
- (h) any Content solely expresses the view of the speaker of the Content, not our views or any entity associated with us;
- (i) we disclaim all liability for any of the Content; and your use or inability to use the App, Service Website and/or Now Player;
- (j) your use of different web pages of the Service Website or web sites linked to the App and/or Now Player 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;
- (k) nothing you do on or in relation to the App, Now Player, Service Website and/or 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 App, Now Player, Service Website 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;
- (n) unless explicitly stated otherwise, any new features that augment or enhance the App, Now Player and/or Service Website shall be subject to these Terms and Conditions;
- (o) 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 Player in any way or through any media;
- (p) the provision of Now Player is contingent upon the service capacity allocated by us (including but not limited to streaming capacity) for Now Player 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 App, Now Player and/or Service Website (whether authorized or not) for any failure or delay in accessing the App, Now Player and/or Service 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 App, Now Player and/or Service Website; and
- (q) the broadcast of the 2016/2017 seasons of the Premier League and La Liga on the App, Now Player and/or Service Website is subject to the agreements signed by us with their respective rights holders 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 Now Player ("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 computer and/or such mobile devices specified by us 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 the personal computer and/or such mobile devices specified by us, to be used by you for accessing and/or installing the App, Now Player, the Service Website; and/or viewing the Content.
- 6.3 You acknowledge that we may refuse to provide Now Player to you in the event you fail to successfully download and install the Software as required.
7. Links and Advertisements
- 7.1 We have no control over any third party web sites linked to the App, Now Player and/or the Service 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 App, Now Player and/or the Service Website (including without limitation sites linked through advertisements). Some links which appear on the App, Now Player and/or the Service 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 App, Now Player and/or the Service 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 App, Now Player and/or the Service Website.
- 7.2 We may use third-party advertising companies (such as Doubleclick) to track and/or measure advertising effectiveness on the App, Now Player, the Service 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 App, Now Player, the Service Website and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
8. Now Player Fees
- 8.1 We will invoice you for all fees (if any) which relate to your use of the App, Service Website, Now Player and/or certain Content (“Fees”) at such intervals as we determine appropriate. Fees may include but are not limited to subscription fees, viewing fees, usage fees, handling fees and any other relevant fees and charges current from time to time which relate to your use of Now Player and/or access to certain Content. Fees may be payable in advance or in arrears, in most cases, subscription fees are payable monthly in advance. You must settle all Fees by or before their respective due dates (which is generally 20 days from date of invoice).
- 8.2 Unless otherwise specified, all currency references are in Hong Kong dollars.
- 9.1 You agree to pay all Fees whether you access or use the App, Now Player, the Service Website or Content or someone else does.
- 9.2 We may issue a monthly bill to you. We will normally bill you upfront (in advance) for the Fees. We will bill you later for any usage Fees for certain Content which are billed accordingly to usage. If possible, Fees will appear on your next bill, but sometimes Fees may appear on a later bill.
- 9.3 Our records are sufficient proof that Fees are payable by you unless they are shown to be incorrect. We may re-issue any bill if there is any error in the bill.
- 9.4 We can bill you through a billing agent or any PCCW group companies.
- 9.5 You agree to pay the Fees without deduction before their due date unless otherwise agreed by us. If you think that the Fees on your bill are incorrect and wish to dispute those Fees, you must tell us within 15 days of the bill date. You must pay all Fees that are not disputed.
- 9.6 If you do not pay your bill, you shall pay us interest for 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.
- 9.7 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 account.
- 9.8 We will generally not suspend or end your subscription to the Content for non-payment of your bill until at least 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 or subscription to the Content earlier than 15 days.
- 9.9 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 these Terms and Conditions. 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, reconnection fee and/or require a security deposit if your access to the Content is suspended or terminated before payment is made.
- 9.10 Please note that no credit or refund is available in respect of any time when the App, Now Player, Service Website and/or 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 Content for whatever reason.
- 10.1 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 person’s use of the App, Now Player, the Content, Service Website, and/or Software; and
- (b) any breach or non-observance of any of these Terms and Conditions by you.
- 10.2 Clause 10.1 shall survive the termination of your agreement with us for Now Player, the App, Service Website and/or Content.
11. General Warranties & Liability
- 11.1 The App, Now Player, Service Website, 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 App, Now Player, Service Website, Software and/or any Content, that Now Player 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 App, Now Player, Service Website and/or any Content unless specifically mentioned in these Terms and Conditions. We disclaim any representation or warranty that the App, Now Player and/or Service Website will meet your requirements; and/or your access to and use of the App, Now Player and/or Service Website will be uninterrupted or error-free, free of viruses, malicious code or other harmful components or otherwise secure.
- 11.2 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:
even if advised of the possibility of such damages or claims
- (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 App, Now Player, Service Website, 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 App, Now Player, Service Website, Software and/or any Content or any part thereof;
- (c) any errors or omissions in the App, Now Player, Service Website and/or any Content or any part thereof; and
- (d) any infringement of intellectual property rights arising from your use of the App, Now Player, Service Website, Software and/or any Content,
- 11.3 Clauses 11.1 and 11.2 shall survive the termination of your agreement with us for Now Player, the App, Service Website and/or Content.
12. 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 App, Now Player, Service Website and/or Content in accordance with these Terms and Conditions. We can suspend or end your access to and/or use of the App, Now Player, Service Website and/or any Content immediately in such event.
- 13.1 We may cease providing the App, Service Website, Now Player and/or any Content to you at any time on the giving of at least 30 days’ advance written notice to you.
- 13.2 For serious misuse described in Clauses 3 and 16, we may suspend or terminate your access to Now Player and/or any Content immediately with or without giving any prior notice to you. Otherwise, if you breach these Terms and Conditions, we will normally give you an opportunity to put matters right within 15 days after we inform you of such breach before we suspend or terminate your access to Now Player and/or any Content. However, if you do not do so, we may suspend or terminate your access to Now Player and/or any Content.
- 13.3 We may also suspend or restrict your access to the Content and/or Now Player 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 Content and/or Now Player; we will tell you what needs to be done before we can restore Now Player and/or Content.
- 13.4 Once we have provided the Content subscribed by you, you may tell us to end your subscription to such Content at any time by giving us at least 30 days' advance written notice. You shall only give such notice to us by completing our termination request form or such other means as required by us from time to time. Your subscription to such Content shall end only 30 days after our confirmation to you of the same. This clause 13.4 only applies to a subscription for Content where separate Fees are imposed on such subscription which is in addition to the charges for your subscription to our Now TV service (“Standalone Content Subscription”).
- 13.5 If your access to certain Content is conditional upon your subscription to our Now TV service or certain Content on our Now TV service, your access to such Content shall be automatically terminated if you cease to be a subscriber to our Now TV service or such Content on our Now TV service (as applicable).
- 13.6 Upon the end of your subscription to any Content, we may first take off any money that (a) you owe us under such subscription 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.
- 13.7 Upon the end of your subscription to any Content for any reason, we will not be providing any refund of any amount prepaid by you in advance.
14. Effect of Termination
- 14.1 Upon termination of your access to Now Player and/or Content, all licences, rights and privileges granted to you under 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.
15. Our other rights to suspend/end your access to the App, Now Player, Service Website and/or Content
- 15.1 We can limit, suspend, end or restrict your access to the App, Now Player, Service Website and/or any Content with or without giving you any notice if:
- (a) the law requires us to do so;
- (b) there is an emergency that affects our ability to provide the App, Now Player, Service Website and/or any Content;
- (c) you become bankrupt or insolvent or appear likely to be;
- (d) you breach any of these Terms and Conditions;
- (e) Now Player or any relevant Content is withdrawn from distribution through Now Player for whatever reason;
- (f) we no longer operate the App, the Service Website and/or hold the right to distribute Now Player and/or any Content;
- (g) 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 operation of the App and/or Service Website; and/or the transmission of Now Player and/or any Content; or
- (h) Now Player or any 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.
16. Unauthorized access
- 16.1 Unauthorized access to Now Player and/or any Content is a breach of 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 App, Now Player, the Content and/or Service Website except those automated means for which we have given prior written approval.
17. Changing the terms
- 17.1 Sometimes, we will need to unilaterally change the Fees or these Terms and Conditions. We will publish details of changes to these Terms and Conditions on the Service Website and these changes shall take effect 30 days after such posting.
- 17.2 We will also let you know about a price increase at least 30 days before it happens.
- 17.3 For changes we need to make to meet legal and regulatory requirements, we may not be able to meet the timescale specified in clause 17.1 or 17.2. We will let you know about these changes as soon as we can.
18. Other things we need to tell you
- 18.1 You accept that the agreement between you and us for the App, Now Player, Service Website and Content 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.
- 18.2 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.
- 18.3 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.
- 18.4 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, if sent by email.
- 18.5 These Terms and Conditions are governed by the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the Hong Kong courts.
- 18.6 At the end of any Standalone Content Subscription, 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 Standalone Content Subscription, you agree that we shall, subject to clause 18.7, continue to provide the Content to you on the terms of such subscription on a month to month basis until you end such subscription by giving us at least 30 days’ advance written notice (or any other period we specify). While we provide the relevant Content to you on a monthly basis, instead of charging you at the rate payable by you for the preceding fixed term, we will charge you for such Content at the prevailing monthly rate published from time to time on the Service Website.
- 18.7 Unless we tell you otherwise, all free gifts, free products, free viewing, free services, waivers, discount or rebate offered by us during the duration of your existing Standalone Content Subscription shall not be offered by us during the monthly periods mentioned in clause 18.6.
- 18.8 Clause 18.6 shall not apply to the Standalone Content Subscriptions which do not have a fixed term.
- 18.9 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.
- 18.10 The English version of these Terms and Conditions shall prevail over their Chinese version (if any) which is provided for information purposes only.