Now AR Terms and Conditions
The following terms and conditions (“these Terms and Conditions”) apply to your use of Now AR (“App”). ); an app utilising augmented reality technology operated by us and our licensor for the App, Host Broadcast Services (HBS) AG. . By accessing and/or using the App, you agree to be bound by these Terms and Conditions.
TERMS AND CONDITIONS OF NOW AR
1). Now AR
1. The App can only be accessed through mobile phones.
2. The App are restricted for use in the Hong Kong Special Administrative Region (“Hong Kong”) only.
3. You may only access the App by using a valid and eligible Now ID or NOW E ID that we accept and providing related passwords.
4. The use of the App and access to 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 and/or the content thereto (“Content”).
5. Please note that the viewing or use of the FIFA World Cup 2022™ content on the App is subject to the NowTV / Now E’s Terms and Conditions (available for viewing at https://www.nowtv.now.com/promo/fifaworldcup2022/ and https://www.nowe.com/tnc/worldcup2022, respectively).
2). Our rights and responsibilities
1. “We”, “us” and “our” mean PCCW Media Limited in relation to the provision of the App and Content under these Terms and Conditions.
2. We may:
(a) deactivate the App at any time without notice to carry out system maintenance, upgrading, testing and/or repairs;
(b) limit or suspend your access to the App 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 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 and/or any Content (meaning any content made available or appearing on the App 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 E), remove, disable and/or suspend transmission or streaming of the App 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
(a) have to be aged 18 or above to access or use the App and/or the Content;
(b) are only authorized to use the App 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 and the Content and any use of the App 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 prepare derivative works based on the Content, and/or reverse engineer the App and/or Content;
(e) agree that the App and Content are only for your private domestic usage, viewing and access and shall not yourself, or permit any other person to, show, play, use, access or view the App and/or Content for any public or commercial purposes unless with our prior written consent;
(f) without limiting sub-clause 3.1(e), shall not charge for use or access to the App or any Content or for access to any premises where the App 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 report any violation of these Terms and Conditions to our customer service team;
(i) agree that your access to the App is limited to one (1) device each time you login as a registered user; and that the same Content can only be streamed concurrently on no more than one (1) device each time. You are not allowed to change device for twenty-four (24) hours after login.
2. You agree not to:
(a) restrict or inhibit any other persons from using the App, including, without limitation, by means of “hacking” or defacing any portion of the App;
(b) access or use the App, 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, any of the Software and/or any Content;
(d) remove any copyright, trademark, or other proprietary rights notices contained in the App and/or Content;
(e) copy and/or frame any part of the App 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 and/or Content;
(g) collect information of users of the App;
(h) hack, break into, or attempt to hack or break into, in any manner the App, the Software and/or any data areas on our server(s) or that of any third parties;
(i) download, copy, store, rip, distribute, share or re-direct any Content from the App in any way or through any media without our prior authorization;
(j) disclose your login details and password (if any) or permit other persons to use your login details and password to access the App 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 the App; and
(m) interfere with or disrupt the App or servers or networks connected to the App.
3. Our authorization for you to access and use the App and Content is conditional upon your strict compliance with each of these Terms and Conditions.
4). Personal Data and Information
1. We collect, process, disclose, retain or use your Personal Data in accordance with these Terms and Conditions, all applicable terms and conditions and the HKT Privacy Statement which is published on http://www.hkt.com/legal/privacy.html.
2. If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may decline to provide the App and/or any Content to you.
3. You will provide us with the information relating to you or your use of the App we reasonably require:
(a) to verify your eligibility to use, and for us to provide, the App and/or Content to you;
(b) to help us in complying with the applicable law and to report to any government or regulatory agency regarding such compliance; and
(c) 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.
1. You acknowledge that:
(a) we do not exercise any editorial control over certain Content and do not make any claims as to the truth in such Content;
(b) certain channels, programs and other Content on the App are provided by third party providers, not by us. Their availability, and the availability of programs on such channels, are outside our control;
(c) we and our third party providers make no representation, promise, warranty, undertaking or guarantee as to the quality, completeness, usefulness, continuity, accuracy or reliability of any particular Content;
(d) 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;
(e) we and our third party providers can vary, replace or withdraw any Content or any part of Now AR with or without notice to you and without liability to you;
(f) we can change or reduce the number of hours of broadcast of any Content;
(g) any Content solely expresses the view of the speaker of the Content, not our views or any entity associated with us and our third party providers;
(h) we disclaim all liability for any of the Content; and your use or inability to use the App;
(i) your use of different web pages or web sites linked to the App 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 (as the case may be) in addition to these Terms and Conditions and will prevail over these Terms and Conditions to the extent of any inconsistency;
(j) nothing you do on or in relation to the App and/or Content will transfer any intellectual property rights to you or license you to exercise any intellectual property rights;
(k) parts of the App is provided and maintained by a third-party provider 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;
(l) unless explicitly stated otherwise, any new features that augment or enhance the App shall be subject to these Terms and Conditions;
(m) we may at any time employ and/or install Software in any computer, 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 Appin any way or through any media;
(n) the provision of the App is contingent upon the service capacity allocated by us (including but not limited to streaming capacity) for the App 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 (whether authorized or not) for any failure or delay in accessing the App, (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;
(o) your ability to use all features of the App depends on the compatibility of your device(s); and
(p) the broadcast of the FIFA World Cup 2022™ content on the App is subject to the agreements signed by us with their respective rights holders to broadcast the same.
6). Software Licence
1. You may from time to time be requested to download, update and install software, applications and/or programs from the App (“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, 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.
2. You agree to download and install the Software in the personal computer, such mobile devices specified by us, to be used by you for accessing and/or installing the App, and/or viewing the Content.
3. You acknowledge that we may refuse to provide the App to you in the event you fail to successfully download and install the Software as required.
7). Links and Advertisements
1. We have no control over any third party web sites linked to the App,; 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 (including without limitation sites linked through advertisements). Some links which appear on the App 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 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.
2. We may use third-party advertising companies (such as Doubleclick) to track and/or measure advertising effectiveness on the App. These companies may use information (not including your name, address, email address or telephone number) about your visits to the App
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 Appthe Content and/or Software; and
(b) any breach or non-observance of any of these Terms and Conditions by you.
2. Clause 8.1 shall survive the termination of your agreement with us for the App and/or Content.
9). General Warranties & Liability
1. The App, 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 and/or any Content, that the App 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 and/or any Content unless specifically mentioned in these Terms and Conditions. We disclaim any representation or warranty that the App will meet your requirements; and/or your access to and use of the App will be uninterrupted or error-free, free of viruses, malicious code or other harmful components or otherwise secure.
2. To the fullest extent permitted by law, we, our directors, officers, employees, affiliates, content providers ,contractors, sub-contractors, licensors and agents shall in no event, be liable for:
(a) any direct, indirect, incidental, punitive, special or consequential damages or losses, or any damages or losses of any kind arising from your use of or inability to use, the App and/or any Content;
(b) any claim based on contract, tort, or otherwise or related to your use of or inability to use, the AppSoftware and/or any Content or any part thereof;
(c) any disruption or suspension of the App, Content and/or any part thereof which is attributable to an event or circumstance beyond our reasonable control;
(d) any errors or omissions in the App and/or any Content or any part thereof; and
(e) any infringement of intellectual property rights arising from your use of the AppSoftware and/or any Content,
even if advised of the possibility of such damages or claims.
3. Clauses 9.1, 9.2 and 9.3 shall survive the termination of your agreement with us for the App and/or Content.
10). Matters beyond our reasonable control
Sometimes, we may not be able to do what we have agreed because of an event beyond our reasonable control (for example because of fire or flood or severe weather). In these cases, we do not accept responsibility for the delay or failure to provide you with access to and/or use of the App, and/or Content in accordance with these Terms and Conditions. We can suspend or end your access to and/or use of the App and/or any Content immediately in such event.
1. We may cease providing the App and/or any Content to you at any time on the giving of at least 1 day’s advance notice to you.
2. For serious misuse described in Clauses 3 and 14, we may suspend or terminate your access to the App 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 the App and/or any Content. However, if you do not do so, we may suspend or terminate your access to the App and/or any Content.
3. We may also suspend or restrict your access to the Content and/or the App 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 the App; we will tell you what needs to be done before we can restore the App and/or Content.
12). Effect of Termination
1. Upon termination of your access to the App 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.
13). Our other rights to suspend/end your access to the App and/or Content
1. We can limit, suspend, end or restrict your access to the App, 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, 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) any relevant Content is withdrawn from distribution through the App for whatever reason;
(f) we no longer operate the App and/or hold the right to distribute the App 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 the transmission of the App and/or any Content; or
(h) the App 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.
14). Unauthorized access
1. Unauthorized access to the App 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, and/or the Content except those automated means for which we have given prior written approval.
15). Changing the terms
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 “Terms & Conditions” and “Help” section of the App and these changes shall take effect upon such posting.
2. For changes we need to make to meet legal and regulatory requirements, we may not be able to meet the timescale specified. We will let you know about these changes as soon as we can.
16). Other things we need to tell you
1. You accept that the agreement between you and us for the App, , 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.
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.
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 the App, Service Website, your last bill or any other postal address, e-mail address or phone number we have given to you for that purpose.
4. 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 to any service pack or combo shall not be offered by us during the successive subscription periods of such pack or combo.
5. The notice or communication sent by us shall be treated as received by you immediately upon sending the email or text message, if sent by email or text message respectively.
6. 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.
7. 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.
8. The English version of these Terms and Conditions shall prevail over their Chinese version (if any) which is provided for information purposes only