now TV on eye Multimedia Service Terms and Conditions

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1 1. The now TV on eye Multimedia Services we provide 1.1 We will provide you with a PIN to access your now TV on eye Multimedia Services set out in the Application for your private domestic viewing and access at the Premises. 1.2 All conditions and warranties relating to our supply of the now TV on eye Multimedia Services implied by law are excluded to such extent permissible by law. 1.3 We shall use reasonable care and skill in providing our now TV on eye Multimedia Services. However, we cannot promise that our now TV on eye Multimedia Services will be continuous or fault-free. 1.4 We decide the method, technical means and route that we use to provide the now TV on eye Multimedia Services. 1.5 When you ask to subscribe to a now TV on eye Multimedia Service Plan, we decide whether to provide it to you based on: its availability to or coverage in the areas where you live; your eligibility for such plan; (c) you meeting our credit requirements; (d) whether you owe us any money for any services previously provided to you by us or any other PCCW group companies; and (e) whether the credit card information provided by you or any third party for payment of the now TV on eye Multimedia Service Plan is up to date and accurate. If we decide not to provide the now TV on eye Multimedia Services to you for any reason described in this clause 1.5, you agree that we can reject your Application for the now TV on eye Multimedia Service Plan without liability to you. 2. Third party information or Content services 2.1 Depending on your chosen now TV on eye Multimedia Service, certain third party information or Content services provided by the Third Party Providers may also be available for access and use by you through the now TV on eye Multimedia Services provided by us. You agree to comply with the applicable terms and conditions specified by us and/or such Third Party Providers if you choose to use their information or Content services. 2.2 In providing access to such third party information or Content services, you agree that we are not responsible or liable for: the act, negligence or omission of such Third Party Providers; your use of the information or Content services provided by such Third Party Providers; and (c) the transaction or any dispute between you and such Third Party Providers. 3. When we provide the now TV on eye Multimedia Services 3.1 Your Contract with us starts on the Commencement Date for the eye Multimedia Service. 4. Payment for the now TV on eye Multimedia Service 4.1 You agree to pay all Charges for the now TV on eye Multimedia Services under your now TV on eye Multimedia Service Plans, whether you use the now TV on eye Multimedia Services or someone else does. 4.2 If you use the now TV on eye Multimedia Services to access a service provided by someone else, and we are charged for such other service, you must pay us for such other service. 1

2 4.3 We may issue a monthly bill to you. We will normally bill you upfront (in advance) for the Charges. We will bill you later for any usage Charges for certain Content on the now TV on eye Multimedia Services which are billed accordingly to usage. If possible, Charges will appear on your next bill, but sometimes Charges may appear on a later bill. 4.4 Our records are sufficient proof that the Charge for your now TV on eye Multimedia Service Plan is payable by you unless they are shown to be incorrect. We may re-issue any bill if there is any error in the bill. 4.5 We will send your bills to the address where the now TV on eye Multimedia Services are provided or to your specified address unless otherwise agreed by us. You may also view your bills on your eye Fixed Line Device. 4.6 We will send your first bill shortly after we have provided the now TV on eye Multimedia Services under your now TV on eye Multimedia Service Plan to you for the first time. After that, we will send bills at regular intervals. However, we may send you a bill at a different time. 4.7 We can bill you through a billing agent or any PCCW group companies. 4.8 You agree to pay the Charges for the now TV on eye Multimedia Service Plans without deduction before the Due Date unless otherwise agreed by us. If you think that the Charges on your bill are incorrect and wish to dispute those Charges, you must tell us within 15 days of the bill date. You must pay all Charges that are not disputed. 4.9 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 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 We will generally not suspend your access to any now TV on eye Multimedia Service or end your subscription to any now TV on eye Multimedia Service Plan 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 suspend your access to all or any now TV on eye Multimedia Services or end your subscription to any now TV on eye Multimedia Service Plan earlier than 15 days 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 the Contract. 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 now TV on eye Multimedia Services is suspended or terminated before payment is made Please note that no credit or refund is available in respect of any time when the now TV on eye Multimedia Services or any part thereof is disrupted or suspended for maintenance or as a result of technical difficulties or a circumstance beyond our reasonable control If you have used or permitted any other person to use or access the now TV on eye Multimedia Services or Content in breach of sub-clause 5.2 or 5.2(c), we reserve the right to charge you: (c) subscription fees at the full published rates applicable to commercial subscribers for the now TV on eye Multimedia Services or Content; liquidated damages at the rate of 2% per month on these subscription fees chargeable at such published rates as referred to in the preceding sub-clause 4.14; and any administrative or service charges; until the cessation of such use or access We shall not be obliged to extend the Fixed Term of your now TV on eye Multimedia Service Plan (if any) on a pro-rata basis for the period that your access to the now TV on eye Multimedia Services was suspended as a result of your failure to make payment of your invoice by its Due Date. 5. Your use of the now TV on eye Multimedia Services 2

3 5.1 In your use of the now TV on eye Multimedia Services, you must always follow the applicable law and the terms of the Contract and any other relevant terms and conditions applicable to such services and content. You agree that the use of the now TV on eye Multimedia Services by any other users, whether authorised by you or not, shall be regarded to be the use of the now TV on eye Multimedia Services by you. 5.2 You: (c) (d) (e) (f) must not, and must not permit any other person to, sell, reproduce, copy, distribute, modify, exploit the now TV on eye Multimedia Services and/or Content or reverse engineer any Content consisting of downloadable software; agree that the now TV on eye Multimedia Services and Content are only for your private domestic viewing and access at the Premises and shall not yourself, or permit any other person to, show, play, use, access or view the now TV on eye Multimedia Services or Content for any public or commercial purposes and/or within any public place or commercial premises or on any device in any place outside the Premises; without limiting sub-clause 5.2, shall not charge for use or access to the now TV on eye Multimedia Services or any Content or for access to any premises where the now TV on eye Multimedia Services or Content are viewed; must not, or permit any other person to, or cause the now TV on eye Multimedia Services or any Content to be transmitted, re-transmitted or broadcast or included in a cable program service, by any means including the Internet; without limiting sub-clause 5.2(d) and save for accessing the now TV on eye Multimedia Services through the eye Fixed Line Device within the Premises, must not transmit, arrange for or authorize the transmission of any now TV on eye Multimedia Service or Content to any device including without limitation any personal computer, television receiver or mobile device or to any place or device outside the Premises; and must not, or permit any other person to, copy, encode, digitize, reformat, compress, intercept, interfere, or tamper with or otherwise manipulate the signals of the now TV on eye Multimedia Services or Content including output signals of the eye Fixed Line Device in any way and by any means. Our authorization for you to access and receive the now TV on eye Multimedia Services is conditional upon your strict compliance with each of the above conditions and the other terms and conditions of the Contract. 5.3 You acknowledge and agree that: (c) (d) it is not our policy to exercise any editorial control over or to edit or amend any now TV on eye Multimedia Service and/or Content not produced by us before it is transmitted or made available through the now TV on eye Multimedia Services; nothing you do on or in relation to the now TV on eye Multimedia Services, and/or Content will transfer any intellectual property rights or license you to exercise any intellectual property rights; many channels, programs and other Content on the now TV on eye Multimedia Services 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 or continuity of any particular Content; 3

4 (e) (f) (g) 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 TV on eye Multimedia Service Plan; we can vary, replace or withdraw any channels and programs (whether advertised or not); and we can change or reduce the number of hours of broadcast of any channel or any program on any channel. 5.4 When you are using the now TV on eye Multimedia Services at the same time as the NETVIGATOR Broadband service, there will be a reduction in the bandwidth of the NETVIGATOR Broadband service. 6. PINS 6.1 You are responsible for properly using any user IDs, PINs and passwords for the now TV on eye Multimedia Services, if any, and must take all necessary steps to make sure that you keep these confidential and secure, use them properly and do not make these available to unauthorised people. You agree to tell us immediately if you discover any unauthorised use of the user IDs, PINs and passwords. 6.2 Please note that there may be some Content which is not suitable for viewing or which must not be viewed or subscribed by or made accessible to minors. In this regard, we will provide you with a PIN to, amongst other things, access such Content. We will not be responsible for any uses of the PIN we provide to you to access the now TV on eye Multimedia Services (including access to, subscribing and viewing of any Content). 7. Ending Your Subscription to the now TV on eye Multimedia Service Plan 7.1 The Contract automatically ends on the earlier termination or expiry of the eye Multimedia Service Plan. 7.2 We can end your subscription to any now TV on eye Multimedia Service Plan by giving you 30 days' advance written notice. 7.3 Once we have provided the now TV on eye Multimedia Services under your now TV on eye Multimedia Service Plan, you may tell us to end your subscription to such plan at any time by giving us 30 days' written advance notice. You shall only give such notice to us by completing our termination form or such other means as required by us from time to time. Your subscription to the now TV on eye Multimedia Service Plan shall end only 30 days after our confirmation to you of the same. 7.4 If within the Fixed Term for any now TV on eye Multimedia Service Plan, you choose to end your subscription to such plan by giving us 30 days advance written notice where we have not breached any terms of the Contract, except as described in clauses 8.2 and 16.4, you will have to pay us the Early Termination Charges. 7.5 Upon the end of your subscription to any now TV on eye Multimedia Service Plan, we will first take off any money that you owe us under such subscription, the Contract 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. 7.6 Upon the end of your subscription to the now TV on eye Multimedia Service Plan or the Contract for any reason, we will not be providing any refund of any amount prepaid by you in advance. 8. Moving your home 8.1 If you change the installation address for the eye Multimedia Service within Hong Kong, we will continue to provide your now TV on eye Multimedia Services at your new address if there is 4

5 coverage of the now TV on eye Multimedia Services at the new address. If you move your home, you shall provide us with sufficient proof that you are residing at the new address. We may also charge you any other Charges specified in the Application. 8.2 If there is no coverage for the now TV on eye Multimedia Services at your new installation address, you may choose to end your subscription to the now TV on eye Multimedia Service Plan in accordance with clause 7.2. Even if you choose to end your subscription to the now TV on eye Multimedia Service Plan before the end of the Fixed Term, we may not charge you the Early Termination Charges. 9. Our rights when we provide the now TV on eye Multimedia Services 9.1 We may need to: interrupt or suspend the now TV on eye Multimedia Services (for example, for maintenance, repair, testing or upgrade of our network or Equipment). If we do so, we will restore it as quickly as we can and we have no responsibility to pay you any compensation for any loss resulting from such interruption or suspension; and modify or withdraw any of the now TV on eye Multimedia Services and/or any Content; remove, disable or suspend transmission of any now TV on eye Multimedia Service and/or Content which we consider in our sole opinion, breaches any applicable law, regulation or regulatory directive or to be otherwise unacceptable. 10. Our responsibility to you when we provide the now TV on eye Multimedia Services 10.1 We accept responsibility if you are injured or die as a result of our negligence in the provision of the now TV on eye Multimedia Services. We will not exclude or limit this responsibility We also accept responsibility for loss or damage to your physical property arising from our negligence. We will only pay you up to the Contract Value for this loss or damage In the absence of our negligence or deliberate wrongful act, we will not be liable to you for: (c) (d) any damage to or loss of data suffered by you arising from your use of the now TV on eye Multimedia Services, and/or any Content; any claim based in contract, tort, or otherwise for 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 the now TV on eye Multimedia Services and/or Content supplied, provided, sold or made available by us (or any failure or delay to so supply or continue to supply, provide, sell or make available); and any disruption or suspension of the now TV on eye Multimedia Services, Content or any part thereof which is attributable to an event or circumstance beyond our reasonable control Except as described in clause 10.1 and to such extent permissible by law, we will not pay you more than the Contract Value in compensation (even if we have been negligent) for all our liabilities under the Contract. 11. 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 any now TV on eye Multimedia Service. You or we can end your subscription to the now TV on eye Multimedia Service Plan immediately if such event lasts for a continuous period of no less than 30 days. 12. If you breach the Contract 5

6 12.1 For serious misuse described in clause 5.2, we may suspend or end your subscription to the now TV on eye Multimedia Service Plan immediately. Otherwise, if you breach the Contract, 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 end your subscription to the now TV on eye Multimedia Service Plan. However, if you do not do so, we may suspend or end your subscription to the now TV on eye Multimedia Service Plan We may also suspend or restrict your access to the now TV on eye Multimedia Services or end your subscription to the now TV on eye Multimedia Service Plan 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 your access to the now TV on eye Multimedia Services or end your subscription to the now TV on eye Multimedia Service Plan, we will tell you what needs to be done before we can restore the now TV on eye Multimedia Services If we end your subscription for the now TV on eye Multimedia Service Plan within its Fixed Term under clause 12.1, 12.2, 13(c) or 13(d), you will have to make immediate payment of all accrued charges and the Early Termination Charges You agree to indemnify us, our content providers, service providers, sub-contractors, licensors and agents against any action, liability, cost, claim, loss, damage, proceeding and/or expense suffered or incurred by us and them arising from or which is related to: your use, and any other person's use of the now TV on eye Multimedia Services by virtue of the Equipment provided to you; and any breach of any term of the Contract by you. 13. Our other rights to suspend/end your subscription to the now TV on eye Multimedia Services We can limit, suspend or restrict your access to the now TV on eye Multimedia Services, or end your subscription to the now TV on eye Multimedia Service Plan by giving you 15 days 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 now TV on eye Multimedia Services; (c) you become bankrupt or insolvent or appear likely to be; (d) you breach any term of the Contract; (e) the now TV on eye Multimedia Services or any relevant Content is withdrawn from distribution through the now TV on eye Multimedia Services for whatever reason; (f) we no longer hold the right to distribute such now TV on eye Multimedia Services or Content; (g) we fail to obtain, hold, retain or renew any relevant regulatory approvals or if any relevant regulatory approvals are revoked or if it is required by a relevant authority to cease transmission of such now TV on eye Multimedia Services and/or Content; or (h) such now TV on eye Multimedia Services 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. 14. Privacy 14.1 We collect, process, disclose, retain or use your Personal Data in accordance with the PCCW Privacy Policy Statement which is published on If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may decline to provide the now TV on eye Multimedia Services to you You will, as soon as possible, tell us of any change of address or any other particulars provided to us which may affect our provision of the now TV on eye Multimedia Services to you. 6

7 15. Information Provisioning You will provide us with the information relating to you or your use of the now TV on eye Multimedia Services we reasonably require: to help us in complying with the applicable law and to report to any Government 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 the Contract. 16. Changing the terms 16.1 Sometimes, we will need to unilaterally change the Charges or the terms and conditions of the now TV on eye Multimedia Services covered by the Contract. We will publish details of all changes online at and/or We will also let you know about a price increase or a change to the terms and conditions that we believe is likely to cause you material disadvantage at least 30 days before it happens For changes we need to make to meet legal and regulatory requirements, we may not be able to meet the timescale specified in clause We will let you know about these changes as soon as we can If we: increase the Charges payable under any now TV on eye Multimedia Service Plan as set out in the Application (other than Administrative and Usage Based Charges); or change the terms and conditions of the now TV on eye Multimedia Services which is to your material disadvantage, you will not have to pay the Early Termination Charges if you decide to end your subscription to the relevant now TV on eye Multimedia Service Plan early. However, once we have told you about such a change, you must let us know that you want to end your subscription to that plan within 30 days. The Contract will continue to apply to any other now TV on eye Multimedia Services and now TV on eye Multimedia Service Plan that are not affected by any changes that we make. 17. Other things we need to tell you 17.1 You accept that the Contract 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 under the Contract to any person or entity without your consent. We can also use an agent (including without limitation Hong Kong Telecommunications (HKT) Limited) or subcontractor to perform our responsibilities When we need to contact you, we will use your billing address, 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, address or phone number we have given to you for that purpose The notice or communication sent by us shall be treated as received by you: 3 days after posting, if sent by letter; 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 , if sent by The Contract is governed by the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the Hong Kong courts At the end of the your subscription to a now TV on eye Multimedia Service Plan, if we are unable to contact you; you do not contact us; or (c) you are undecided as to whether to renew your subscription, you agree that we shall, subject to clause 17.7, continue to provide the now TV on eye Multimedia Services 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 7

8 any other period we specify in the Application). While we provide the relevant now TV on eye Multimedia Services 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 these services at the prevailing monthly rate published from time to time at and/or Unless we tell you otherwise, all the free gifts, free products, free viewing, free services, waivers, discount or rebate offered by us during the duration of your existing subscription to any now TV on eye Multimedia Service Plan shall not be offered by us during the monthly periods mentioned in clause Clause 17.6 shall not apply to the subscription of any now TV on eye Multimedia Services which does not have a Fixed Term If any term or condition of the Contract becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from the Contract and shall be deemed to be deleted from the Contract. 18. Special meanings In the Contract: Administrative and Usage Based Charges means the administrative Charges (such as lost and replacement Charges) and usage based Charges. Application means a written application and, where expressly allowed by us, a non-written application made by you to us requesting the provision of the relevant now TV on eye Multimedia Service to you. For clarity, the term Application includes the now TV on eye Multimedia Service Plan. Charges means the charges and fees payable by you to us in respect of your subscription to a now TV on eye Multimedia Service Plan and as specified in the eye Multimedia Service Guide, the Application and the now TV on eye Multimedia Services Menu (as amended by us from time to time). Commencement Date means the date that Hong Kong Telecommunications (HKT) Limited inform you that the eye Multimedia Service is made available to you. Content means any data, information, images, graphics, video or audio content, applications, downloadable files or other multimedia content that can be accessed using the now TV on eye Multimedia Services. Contract means the contract between you and us in respect of the now TV on eye Multimedia Services provided by us to you which is made up of these now TV on eye Multimedia Service Terms and Conditions, the eye Multimedia Service Guide, the Application and the now TV on eye Multimedia Services Menu, as amended by us from time to time. Contract Value means in relation to the now TV on eye Multimedia Service Plan subscribed by you, the total Charges for the Fixed Term payable by you to us under the Contract; or any now TV on eye Multimedia Service Plan (without a Fixed Term) subscribed by you, the total Charges paid by you to us for the period from the Commencement Date to the date immediately preceding any incident giving rise to your claim. Due Date means the date specified in the relevant invoice for the payment of the Charges, or if no such date is specified, the date which is 15 days from the date of the invoice. Early Termination Charge means the early termination charge payable by you to us as specified in the Application. Equipment means the equipment and/or device (if any) provided by us or any PCCW group company to make available the now TV on eye Multimedia Services to you; and excludes any equipment belonging to you or any third party. 8

9 eye Multimedia Service means the eye Multimedia Service provided by Hong Kong Telecommunications (HKT) Limited. eye Multimedia Service Plan means the service plan under which the eye Multimedia Service and access to selected Content, are provided. eye Fixed Line Device means the multi-media device provided to you by Hong Kong Telecommunications (HKT) Limited for use with the eye Multimedia Service. Fixed Term means the fixed term for the now TV on eye Multimedia Service Plan as specified in the Application. Government Agency means any government or governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity in any part of the world and includes the Broadcasting Authority, the Television and Entertainment Licensing Authority and Telecommunications Authority of Hong Kong. Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China. now TV on eye Multimedia Services means the now TV services which are delivered via the eye Multimedia Service for viewing on the eye Fixed Line Device. now TV on eye Multimedia Service Plan means the service plan offered to and subscribed by you after you have subscribed to the eye Multimedia Service Plan; and under which access to certain Content is provided through the now TV on eye Multimedia Services and where such access is not included under the eye Multimedia Service Plan. now TV on eye Multimedia Services Menu means the now TV on eye Multimedia services menu which sets out the Charges for the now TV on eye Multimedia Service Plans, as amended by us from time to time. Other Charges means those Charges which are identified as Other Charges in the Application. Personal Data has the same meaning given to it in the Personal Data (Privacy) Ordinance (Chapter 486, the Laws of Hong Kong). PIN means a personal identification number issued by us to you for your access to the now TV on eye Multimedia Services. Premises mean the place where the eye Multimedia Services are installed and used from time to time. Third Party Provider means any third party provider which provides information or Content which is available for your access and use through the now TV on eye Multimedia Services we provide. We or us means PCCW Media Limited. You means the customer who subscribes to the eye Multimedia Service and as specified in the Application. 9

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