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Terms and Conditions of the FOX+ service

The following terms and conditions (“these Terms and Conditions”) apply to your use of the FOX+ service when you subscribe to the service through http://store.now.com or through the use of your NOW ID. By downloading the FOX+ application, you agree to be bound by these Terms and Conditions.

  • The FOX+ service

    • The FOX+ service can only be accessed by downloading the FOX+ application on mobile devices with specific operating systems or through the http://www.foxplus.com website from a supported operating system and device. Please check the User Guide section at the service website: http://store.now.com for details.
    • The FOX+ service (the "Service") is operated by FOX Networks Group ("FOX"）and is restricted for viewing in the Hong Kong Special Administrative Region ("Hong Kong”) only. Its use is subject to the FOX+ Terms of Use (https://www.foxplus.com/terms) and the FOX+ Privacy Policy (https://www.foxplus.com/policy).
    • The Service is separate and independent from the Now TV services.
    • You may only access the Service by using a login ID that we accept and providing related passwords.

  • Our rights and responsibilities

    • "We" and "us" mean PCCW Media Limited.
    • We may:
      • deactivate the Service at any time without notice for purposes of system maintenance, upgrading, testing and/or repairs; and
      • limit or suspend your access to the Service without notice where we are of the opinion that such action is appropriate as a result of your use of the Service or where you breach any of these Terms and Conditions.

  • Your responsibilities

    • You:
      • have to be aged 18 or above to access or use the Service;
      • are only authorized to use the Service and view the Content (meaning any content made available or appearing in the Service and 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) 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 Service and the Content and any use of the Service 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, prepare derivative works based on the Content;
      • agree that the 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 Service and/or Content for any public or commercial purposes unless with our prior written consent;
      • without limiting clause 3.1.5, 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;
      • will abide by all relevant laws of the 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 Service, login ID and/or the Content ("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 Service and/or the Content; and refuse any and all current or future use of the Service and/or the Content;
      • 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.
    • You agree not to:
      • restrict or inhibit any other persons from using the Service and/or viewing any Content, including, without limitation, by means of "hacking" or defacing any portion of the Service;
      • access or use the Service, the Content or the Software (as defined in clause 5.1) 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 Service, any of the Software and/or any Content;
      • remove any copyright, trademark, or other proprietary rights notices contained in the Service and/or the Content;
      • copy and/or frame any part of the 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 Service and/or the Content;
      • collect information of users of the Service;
      • 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; download, copy, store, rip, distribute, share or re-direct any Content from the 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 Service;
      • 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;
      • interfere with or disrupt the Service or servers or networks connected to the Service; and
      • disclose your login details and password (if any) or permit other persons to use your login details and password to access the Service and/or any Content.
    • Our authorization for you to access and receive the Service is conditional upon your strict compliance with each of these Terms and Conditions.
    • We collect, process, disclose, retain or use your Personal Data in accordance with the PCCW Privacy Policy Statement which is published on www.pccw.com/legal/privacy.html.
    • If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may decline to provide you the Service and/or any Content to you.
    • You will provide us with the information relating to you or your use of the 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.

  • Acknowledgements

    • You acknowledge that:
      • we do not exercise any editorial control over the Content and do not make any claims as to the truth in such Content;
      • the FOX+ application and the Content on the Service are provided by third party providers, not by us. Their availability, and the availability of their programs, are outside our control;
      • we and our third party providers make no representation, promise, warranty, undertaking or guarantee as to the quality, completeness, usefulness or continuity of any particular Content;
      • our third party providers can vary, replace or withdraw any programs (whether advertised or not) on the Service;
      • our third party providers can change or reduce the number of hours of broadcast of any program on the Service;
      • any 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 Service and/or the 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. You can check the classification of each program on the Service by clicking the grey button located on the page of its synopsis;
      • your correspondence or dealings with any third party provider of the FOX+ application, the Service and Content 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 incurred as the result of such dealings;
      • unless explicitly stated otherwise, any new features that augment or enhance the 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 Service in any way or through any media;
      • the provision of the Service is contingent upon the service capacity allocated by us (including but not limited to streaming capacity) for the 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 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, Wi-Fi connection, their speed and/or bandwidth that may be caused by the 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 Content;
      • the Service and/or any Content may be expanded, reduced, withdrawn, modified, removed, and/or their transmission or streaming disabled or suspended if we or our content providers are of the view that they breach any applicable law, regulation or regulatory directive or to be otherwise unacceptable; and
      • your use of different Content or web sites linked to the 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.

  • Software Licence

    • You may from time to time be requested to download 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 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 service.
    • You acknowledge that we may refuse to provide the service to you in the event you fail to successfully download and install the Software.

  • Links and Advertisements

    • 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.
    • 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 (not including your name, address, email address or telephone number) 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.

  • Service Fees

    • The Service is only accessible 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 Service. Subject to clause 17.4, your subscription to any plan for the Service will be automatically extended for successive subscription periods of the same duration as that of your initial subscription unless you terminate your subscription to the Service online (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 if you are a Now TV subscriber, by giving us at least thirty (30) days’ prior notice of termination; or unless we terminate your subscription in accordance with these Terms and Conditions.
    • 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 Service 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 Service prior to termination or expiry of, your subscription to such Service plan.

  • Payment

    • You agree to pay all Fees whether you access or use the 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 Service may be suspended; 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 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 Service 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.

  • Indemnities

    • 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 Service, the Content, the FOX+ application and/or the Software; and
      • any breach or non-observance of any of these Terms and Conditions by you.
    • Clause 9.1 shall survive the termination of your agreement with us for the 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 Service, the FOX+ application, the Software and/or any Content, that the 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 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.
    • 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 Service, Content, the FOX+ application, Software and any other goods or services supplied or provided by us.
    • We expressly disclaim any liability for:
      • any damage to or loss of data suffered by you arising from your use of the Service, the FOX+ application, the 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 Service or any Content supplied, provided, sold or made available by or through the Service (or any failure or delay to so supply, provide, sell or make available);
      • any disruption or suspension of the Service or any part thereof; and
      • any infringement of intellectual property rights arising from your use of the Service, the FOX+ application, the Software and/or any Content.
    • Clauses 10.1 to 10.3 (both inclusive) shall survive the termination of your agreement with us for the 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 Service and/or any Content in accordance with these Terms and Conditions. We can end your access to the Service and/or any Content immediately if such event lasts for a continuous period of no less than 30 days.

  • Termination

    • We may cease providing the Service to you at any time without giving any prior notice to you but if you pay any Fees for the Service or any Content, we may terminate your subscription to the Service or Content upon the giving of at least 30 days’ advance notice to you.
    • For serious misuse described in clauses 3 and 15, we may suspend or terminate your access to the Service immediately. Otherwise, if you breach these Terms and Conditions, we will suspend or end your access to the Service without giving any advance notice.
    • 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 your access to the Service.
    • Upon the end of your subscription to the 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 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 Service, all licences, rights and privileges granted to you under these Terms and Conditions in relation to the 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/end your access to the Service

    • We can limit, suspend, end or restrict your access to the Service, 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 any of the Service;
      • you breach any of these Terms and Conditions;
      • any Content is withdrawn from distribution for whatever reason;
      • we no longer hold the right to distribute the Service 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 transmission of the Service;
      • 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; or
      • you become bankrupt or insolvent or appear likely to be.

  • Unauthorized access

    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.

  • Changing the terms

    • Sometimes, we will need to change these Terms and Conditions. We will post the updated terms and conditions on the service website: http://store.now.com and they shall take effect upon posting.
    • We will also let you know about a price increase for the Service at least 30 days before it happens.
    • If we increase the Fees for the 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 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 the Service within 30 days.

  • Other things we need to tell you

    • 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.
    • 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.
    • Unless we tell you otherwise, all gifts, free products, free viewing, free services, waivers, discount or rebate offered by us during the duration of your existing subscription of the Service shall not be offered by us during the successive subscription periods referred to in clause 7.1.
    • When we need to contact you, we will use e-mail address that you provide us for contacting you. If you need to contact us, please use the contact details provided in the FOX+ application 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 by email shall be treated as received by you immediately upon sending of the email.
    • 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.