The following terms and conditions (“these Terms and Conditions”) apply to your use of the Now Player Junior Service. By downloading the Now Player Junior application (the “App”), you agree to be bound by these Terms and Conditions.
The Now Player Junior Service
- The Now Player Junior Service can only be accessed by downloading the App on mobile devices with specific operating systems. Please check the Service Notice section in the App for details.
- The App and the Now Player Junior Service are restricted for use in the Hong Kong Special Administrative Region ("Hong Kong”) only.
- You may only access the Now Player Junior Service by using a login ID that we accept and providing related passwords.
Our rights and responsibilities
- "We" and "us" mean PCCW Media Limited (電訊盈科媒體有限公司) in relation to the provision of the App and the Now Player Junior Service under these Terms and Conditions.
- We may:
- deactivate the App and the Now Player Junior Service at any time without notice to carry out system maintenance, upgrading, testing and/or repairs;
- limit or suspend your access to the App and the Now Player Junior Service without notice where we are of the opinion that such action is appropriate as a result of your use of the App and the Now Player Junior Service or where you breach any of these Terms and Conditions; and
- expand, reduce, withdraw and/or modify any part of the App, the Now Player Junior Service and/or any Content (meaning any content made available or appearing in the Now Player Junior 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 Now Player Junior Service), remove, disable and/or suspend transmission or streaming of the Now Player Junior Service or Content which we consider in our sole opinion, breaches any applicable law, regulation or regulatory directive or to be otherwise unacceptable.
- have to be aged 18 or above to subscribe to the Now Player Junior Service;
- are only authorized to use the App and the Now Player Junior Service and view the Content for your own personal and non-commercial use in accordance with these Terms and Conditions;
- will be strictly and solely responsible for your own use of the App and the Now Player Junior Service and any use of them by any party who uses your login details will be treated by us as use by you;
- must not, and must not permit any other person, to sell, reproduce, copy, distribute, publish, modify and/or prepare derivative works based on the App, Now Player Junior Service and/or Content;
- agree that the Now Player Junior Service and Content are only for your private domestic viewing and access and shall not yourself, or permit any other person to, show, play, use, access or view the Now Player Junior Service and/or Content for any public or commercial purposes unless with our prior written consent;
- without limiting sub-clause 3.1(e), shall not charge for use or access to the Now Player Junior Service or any Content or for access to any premises where the Now Player Junior Service or Content are viewed;
- will abide by all relevant laws of Hong Kong and any operating and/or usage rules, as amended from time to time;
- will provide true, accurate, current and complete information about yourself as required to complete your application for and/or use of the Now ID and Now Player Junior Service ("User Data");
- will agree to maintain and promptly update the User Data you have submitted to us and keep it true, accurate, current and complete;
- 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 the Now Player Junior Service; and refuse any and all current or future use of the Now Player Junior Service;
- will report any violation of these Terms and Conditions to our customer service team;
- safeguard your login details and password(s) (if any) and ensure that they are not disclosed or provided to any other person; and
- access the Now Player Junior Service from only one device at any time.
- You agree not to:
- restrict or inhibit any other persons from using the App or the Now Player Junior Service, including, without limitation, by means of "hacking" or defacing any portion of the App or the Now Player Junior Service;
- access or use the App, Now Player Junior 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;
- modify, adapt, sub-license, reproduce, distribute, copy, modify, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the App, Now Player Junior Service, Software and/or Content;
- remove any copyright, trademark, or other proprietary rights notices contained in the App, Now Player Junior Service and/or Content;
- copy and/or frame any part of the Now Player Junior Service or the Content without our prior written authorization;
- 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 Junior Service and/or Content;
- collect information of users of the App and/or the Now Player Junior Service;
- hack, break into, or attempt to hack or break into, in any manner the App, Now PlayerJunior service, Software, and/or any data areas on our server(s) or that of any third parties;
- download, copy, store, rip, distribute, share or re-direct any Content from the Now Player Junior Service in any way or through any media;
- incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Now Player Junior Service;
- interfere with or disrupt the Now Player Junior Service or servers or networks connected to the Now Player Junior Service; and
- disclose your login details and password (if any) or permit other persons to use your login details and password to access the Now Player Junior Service.
- Our authorization for you to install and download the App; and to access and receive the Now Player Junior Service is conditional upon your strict compliance with each of these Terms and Conditions.
Personal Data and Information
- If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may decline to provide you the Now Player Junior Service and/or any Content to you.
- You will provide us with the information relating to you or your use of the Now Player Junior Service we reasonably require:
- to help us in complying with the applicable law and to report to any government or regulatory agency regarding such compliance; and
- 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.
- You acknowledge that:
- at all times only one video or channel may be streamed through the Now Player Junior Service;
- we do not exercise any editorial control over certain Content and do not make any claims as to the truth in such Content;
- certain channels, programs and other Content on the Now Player Junior Service are provided by third party providers, not by us. Their availability, and the availability of programs on such channels, are outside our control;
- we make no representation, promise, warranty, undertaking or guarantee as to the quality, completeness, usefulness or continuity of any particular Content;
- we can vary, replace or withdraw any channels and programs (whether advertised or not) on the Now Player Junior Service;
- we can change or reduce the number of hours of broadcast of any channel or any program on the Now Player Junior Service.
- the Content solely expresses the view of the speaker of the Content, not our views or any entity associated with us;
- we disclaim all liability for any Content;
- nothing you do on or in relation to the App, Now Player Junior Service and/or Content will transfer any intellectual property rights to you or license you to exercise any intellectual property rights;
- 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;
- parts of the Now Player Junior 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;
- unless explicitly stated otherwise, any new features that augment or enhance the App and/or the Now Player Junior Service shall be subject to these Terms and Conditions;
- 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 Now Player Junior Service in any way or through any media;
- the provision of the Now Player Junior Service is contingent upon the service capacity allocated by us (including but not limited to streaming capacity) for the Now Player Junior Service and the reliability and stability of your Wi-Fi 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 or the Now Player Junior Service, whether authorized or not) for any failure or delay in accessing the App, the Now Player Junior 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, Wi-Fi connection, their speed and/or bandwidth that may be caused by the App or the Now Player Junior Service;
- 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 Now Player Junior Service; and
- your use of different Content or web sites linked to the Now Player Junior Service 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 Content or website in addition to these Terms and Conditions and will prevail over these Terms and Conditions to the extent of any inconsistency.
- You may from time to time be requested to download software, applications and/or programs from the Now Player Junior 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 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.
- You agree to download and install the Software in the mobile devices specified by us, to be used by you for accessing and/or installing the App or the Now Player Junior Service.
- You acknowledge that we may refuse to provide the Now Player Junior Service to you in the event you fail to successfully download and install the App and Software.
Links and Advertisements
- We have no control over any third party web sites linked to the App or the Now Player Junior 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 App or the Now Player Junior Service (including without limitation sites linked through advertisements). Some links which appear on the App or the Now Player Junior 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 App or the Now Player Junior 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 App and/or the Now Player Junior Service.
- We may use third-party advertising companies (such as Doubleclick) to track and/or measure advertising effectiveness on the App, the Now Player Junior Service and certain web sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to the Now Player Junior Service and these web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
- The Now Player Junior Service may only be accessible if you subscribe to the relevant Now TV services and/or upon payment of fees (“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 access to the Now Player Junior Service. If you subscribe to a monthly plan for the Now Player Junior Service, it will continue until you terminate your subscription to such plan (please visit the “My Account” page at the service website: http://store.now.com to terminate your subscription) at least two (2) days before the start of the next billing cycle or unless we terminate your subscription in accordance with these Terms and Conditions.
If you use the “Entertainment Go” to redeem the Now Player Junior Service, you can use the Now Player Junior Service for the duration of the prescribed period set out at http://store.now.com/entertainmentgo when you redeem the Now Player Junior Service (please visit the “My Account” page at the service website: http://store.now.com to check your service expiry date).
- Fees will be calculated by reference to data recorded or logged by us or our affiliates and not by reference to any data recorded or logged by you. Records held and logging procedures adopted by us will be conclusive evidence of the usage of the Now Player Junior Service and Content and the fees payable by you.
- Unless otherwise specified, all subscription fees are payable in advance and usage fees will be payable in arrears.
- We may from time to time offer a discount to subscription fees payable by you. In relation to such discount, 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.
- Unless otherwise specified, all currency references are in Hong Kong dollars.
- No refund will be made for any Fees paid in advance for the Now Player Junior Service prior to termination or expiry of, your subscription to such service.
- You agree to pay all Fees whether you access or use the Now Player Junior Service or someone else does.
- You may settle any Fees payable by you through any payment method as may be made available by us from time to time. Any Fees which are recurrent in nature (i.e. subscription fees) will be automatically charged through such payment method as selected by you.
- 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 to the Now Player Junior Service 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.
- 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.
- Where you have specified any part or all of the Fees to be charged to your credit card ("Card Account"), you hereby authorize us to charge your Card Account the full amount of such Fees 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 Fees which are recurrent in nature (i.e. subscription fees). Where you are not the cardholder, you warrant that you have obtained authorisation from the cardholder.
- Credit card means VISA or MasterCard.
- Any disputes regarding fees on a statement for the Card Account must be raised within 30 days of the statement date notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the bank.
- Any dispute regarding fees on an Affiliate Invoice must be raised within 30 days of the Affiliate Invoice date notwithstanding, where relevant, any terms to the contrary in any agreement with the affiliate.
- If you have not settled 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 Player Junior Service and any service that may be provided by our affiliates may be suspended or terminated until such time when all Affiliate Invoices have been fully settled and paid.
- 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.
- Please note that no credit or refund is available in respect of any time when the Now Player Junior Service 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 Player Junior Service or any Content for whatever reason.
- You agree to indemnify us, our content providers, sub-contractors, licensors and agents against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by us arising from or which is related to:
- your use of the App, Now Player Junior Service, Content, and/or Software; and
- any breach or non-observance of any of these Terms and Conditions by you.
- Clause 10.1 shall survive the termination of your agreement with us for the App and the Now Player Junior Service.
General Warranties & Liability
- 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 Junior Service, Software and/or any Content, that the Now Player Junior Service and/or any Content will be uninterrupted 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 Junior Service and/or any Content unless otherwise specifically mentioned in these Terms and Conditions. We disclaim any representation or warranty that the App or the Now Player Junior Service will meet your requirements; and/or your access to and use of the App or the Now Player Junior Service will be uninterrupted or error-free, free of viruses, malicious code or other harmful components or otherwise secure.
- Except to such extent permissible by law, we will not pay you more than HK$100 in compensation (even if we have been negligent) for all our liabilities under these Terms and Conditions for the App, Now Player Junior Service, Content and Software.
- We expressly disclaim any liability for:
- any damage to or loss of data suffered by you arising from your use of the App, Now Player Junior Service, Software and/or any Content;
- any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not;
- any claim relating to any part of the App, Now Player Junior Service, Software or any Content supplied, provided, sold or made available by or through the App or the Now Player Junior Service (or any failure or delay to so supply, provide, sell or make available);
- any disruption or suspension of the App or the Now Player Junior Service or any part thereof which is attributable to an event or circumstance beyond our reasonable control; and
- any infringement of intellectual property rights arising from your use of the App, Now Player Junior Service, Software and/or any Content.
- Clauses 11.1 to 11.3 (both inclusive) shall survive the termination of your agreement with us for the App and the Now Player Junior Service.
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 App, Now Player Junior Service and/or any Content in accordance with these Terms and Conditions. We can end your access to the App, Now Player Junior Service and/or any Content immediately if such event lasts for a continuous period of no less than 30 days.
- We may cease providing the App and Now Player Junior Service to you at any time without giving any prior notice to you but if you pay any Fees for the Now Player Junior Service, we may terminate your subscription to the Now Player Junior Service upon the giving of at least 30 days’ advance notice to you.
- For serious misuse described in Clauses 3 and 16, we may suspend or terminate your access to the Now Player Junior Service immediately.
- We may also suspend or restrict your access to the Now Player Junior 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 Now Player Junior Service; we will tell you what needs to be done before we can restore the Now Player Junior Service.
- Upon the end of your subscription to the Now Player Junior Service, we may first take off any money that
- you owe us under such subscription or any other contract between us; and
- 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.
- Upon the end of your subscription to the Now Player Junior Service for any reason, we will not be providing any refund of any amount prepaid by you in advance.
Effect of Termination
Upon termination of your access to the Now Player Junior Service, all licences, rights and privileges granted to you under these Terms and Conditions in relation to the Now Player Junior Service 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.
Our other rights to suspend/terminate your access to the App, Now Player Junior Service and/or Content
- We can limit, suspend, terminate or restrict your access to the App, Now Player Junior Service and/or any Content, without giving you any advance notice (to the extent that it is reasonably practicable to do so) if:
- the law requires us to do so;
- there is an emergency that affects our ability to provide the App, Now Player Junior Service and/or any Content;
- you breach any of these Terms and Conditions;
- the Now Player Junior Service or any Content is withdrawn from distribution for whatever reason;
- we no longer operate the App or hold the right to distribute the Now Player Junior Service and/or any Content;
- 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 transmission of the Now Player Junior Service and/or any Content;
- the App, Now Player Junior 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; or
- you become bankrupt or insolvent or appear likely to be.
Unauthorized access to the Now Player Junior Service is a breach of these Terms and Conditions and a violation of the law. You agree not to assess the Now Player Junior Service by any means other than by 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, the Now Player Junior Service or the Content.
Changing the terms
- Sometimes, we will need to change these Terms and Conditions. We will post the updated terms and conditions in the Service Notice section of the App and they shall take effect 30 days after such posting.
- We will also let you know about a price increase for the Now Player Junior Service at least 30 days before it happens.
- If we increase the Fees for the Now Player Junior Service (other than administrative and usage based Fees); you will not have to pay any early termination charges and any other cancellation charge if you decide to end your subscription to the Now Player Junior Service early, unless otherwise expressly stated. However, once we have told you about such a change, you must let us know that you want to end your subscription to Now Player Junior Service within 30 days. These Terms and Conditions will continue to apply to any other Content that is not affected by any changes that we make.
Other things we need to tell you
- You accept that the agreement between you and us for the App and the Now Player Junior 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.
- 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.
- 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.
- When we need to contact you, we will use your 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 contact details provided in the App or the service website: http://store.now.com or any other postal address, e-mail address or phone number we have given to you for that purpose from time to time.
- 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 or SMS, if sent by email or SMS respectively.
- 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.
- The English version of these Terms and Conditions shall prevail over the Chinese version (if any) which is provided for information purposes only.