Terms and Conditions of Now Soccer TV App –
Premier League 2021/22 & LaLiga 2021/22 4K
Season Pass and UCL 2021/22 & UEL 2021/22 Season Pass
Important
Notice:
The following terms and conditions (these “Terms and Conditions”) apply to your access and use of the Now
Soccer TV App – (i) Premier League 2021/22 & LaLiga 2021/22 4K Season Pass (“PLLL Pass”), (ii) Now Soccer TV App and
Now E – Premier League 2021/22 & LaLiga 2021/22 4K Season Pass (“PLLL Pass
Pack”), (iii) Now Soccer TV App – UCL & UEL 2021/22 Season Pass (“UCLUEL Pass”), and/or (iv) Now Soccer
TV App and Now E – UCL & UEL 2021/22 Season Pass (“UCLUEL
Pass Pack”) (“Service”), as
applicable via the Now Soccer TV App (the “App”)
pre-installed on designated Samsung 2018, 2019, 2020 or 2021 Smart TV models.
By registering for and activating the Service via the App, you agree to be
bound by these Terms and Conditions. Now E service is bound by the Terms of Use
– Now E Premier League 2021/22 and LaLiga 2021/22 4K Season Pass and Now E UEFA
Champions League & Europa League 2021/22 Season Pass, please visit https://www.nowe.com/tnc/plll and https://www.nowe.com/tnc/ucl-uel for
details.
1. The
Service
1.1 The Service can only be accessed upon
successful registration and activation via the App that has been pre-installed
on designated Samsung 2018, 2019, 2020 or 2021 Smart TV models with specific
operating systems (each a “Samsung TV”).
1.2 The Service is available during the
following period (“Service Period”).
The PLLL Pass or PLLL Pass Pack is only available
from the date of your registration for and activation up to and including June
30, 2022. You must activate and use the Promotion Code of the PLLL Pack or PLLL
Pass Pack on the Now Soccer TV App no later than May 31, 2022, failing which it
will expire. The UCLUEL Pass or UCLUEL Pass Pack is only
available from the date of your registration for and activation up to and
including July 31, 2022. You must redeem the Promotion Code of the UCLUEL Pack or
UCLUEL Pass Pack on the Now Soccer TV App no later than June 30, 2022 failing
which it will expire.
1.3 Subject to cancellation and/or suspension
by the applicable rights holders and/or organizers, purchase of a PLLL Pass, PLLL
Pass Pack, UCLUEL Pass and/or UCLUEL Pass Pack, subject to which of the PLLL
Pass, PLLL Pass Pack, UCLUEL Pass and/or UCLUEL Pass Pack purchased, shall
entitle the customer to watch on the App, the matches of Premier League 2021/22
season, LaLiga 2021/22 season or UEFA Champions League and UEFA Europa League
2021/22 season, or any combination of them, respectively. All Premier League
2021/22 season live matches will be available on the App. In respect of the
matches of 2021/22 season of LaLiga and UEFA Champions League, UEFA Europa
League, UEFA Europa Conference League and UEFA Youth League, respectively,
certain live matches may not be broadcasted by the App when there is scheduling
conflict.
1.4 Only selected Premier League 2021/22
and LaLiga 2021/22 matches will be streamed in 4K. A total of 76 matches of
Premier League will be delivered in 4K per season.
1.5 All matches are subject to
cancellation and/or suspension by the rights holders and/or event organizers.
Dates and times of all matches and sporting events may be subject to change
from time to time so please refer to official announcements by the rights
holders and event organizers for the latest information.
1.6 Please note that PCCW Media Limited
cannot guarantee the continued availability of the channels, programs and
services on the App service for the entire duration of your subscription; and
it shall not be liable for any unavailability or delay in the broadcast, of any
matches and/or programming. The channel line-up and programming on the App
service; and hours of broadcast of any program or channel are subject to change
from time to time. For details of dates, times and channels, please refer to
the latest announcement from the organizer concerned. The stability and quality of video streaming;
and users’ ability to use all features of the App, the App service and content
depends on and are affected by the condition of devices, internet bandwidth and
connections, internet connection speed, technical feasibility, device compatibility
and various factors. Users must use a TV with 4K display resolution, and also
with LAN/Wi-Fi network that meets the minimum bandwidth requirements (30 Mbps)
to enjoy an optimal viewing experience. For details of 4K video streaming
device and system requirements, please refer to www.nowe.com/tnc/ plll,
www.nowe.com/tnc/ucl-uel or www.nowe.com/help/thingstoknow.
1.7
The content available on the Services (the “Content”) is not exactly the same as that available via the Now TV set
top box and Now TV applications.
1.8 The use of the App, the Service and the
Content require an Internet connection with sufficient bandwidth. You are
responsible for paying any communication or data transmission costs incurred by
using the App, the Service and/or the
Content.
1.9 The App and the Service are restricted
for use in the Hong Kong Special Administrative Region ("Hong Kong”) only.
2. Our
rights and responsibilities
2.1 "We", "us" and “our”
shall mean PCCW Media Limited in relation to the provision of the App, the Service
and the Content under these Terms and Conditions.
2.2 We may:
(a) deactivate the App and the Service at any
time without notice to carry out system maintenance, upgrading, testing and/or
repairs;
(b) limit or suspend your access to the
Service and/or the Content without notice where we are of the opinion that such
action is appropriate as a result of your use of the App, the Service and/or
the Content or where you breach any of these Terms and Conditions; and
(c) expand, reduce, withdraw and/or modify
any part of the App, the Service and/or any Content (meaning any content made
available or appearing in the 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 Service), remove, disable and/or suspend transmission or streaming of
the Service or Content which we consider in our sole opinion, breaches any
applicable law, regulation or regulatory directive or to be otherwise
unacceptable.
3. Your
responsibilities
3.1
You:
(a) are only authorized to use the Service
and view the Content for your private domestic and non-commercial use in
accordance with these Terms and Conditions;
(b) will be strictly and solely responsible
for your own use of the App and the Service and any use of the Service by any
party who uses the App pre-installed on your Samsung TV will be treated by us
as use by you;
(c) must not, and must not permit any other
person, to sell, reproduce, copy, distribute, transmit, publish, modify,
exploit the App and/or Service, prepare derivative works based on the Content;
and/or reverse engineer the App, the Service and/or the Content;
(d) agree that the Service 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
Service and/or Content for any public or commercial purposes and/or within any
public place or commercial premises and/or on any devices other than on a
Samsung TV;
(e) without limiting sub-clause 3.1(d), 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;
(f) safeguard your mobile number and password
(“Registration Details”) and ensure that they are not disclosed or provided to
any other person;
(g) will abide by all relevant laws of Hong
Kong and any operating and/or usage rules, as amended from time to time;
(h) will provide true, accurate, current and
complete information about yourself as required to complete your application
for and/or use of the App, the Service and the Content and/or Content
("User Data");
(i) will agree to maintain and promptly
update the User Data you have submitted to us and keep it true, accurate,
current and complete;
(j) will not provide any information that is
untrue, inaccurate, not current or incomplete, if we have reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
we have the right to suspend or restrict your access to the App, the Service
and the Content; and refuse any and all current or future use of the App, the
Service and the Content; and
(k) will report any violation of these Terms
and Conditions to our customer service team.
3.2 You
agree not to:
(a) restrict or inhibit any other persons
from using the App or the Service on their respective Samsung TVs, including,
without limitation, by means of "hacking" or defacing any portion of
the App or the Service;
(b) access or use the App, Service, 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, exploit, translate, sell, reverse engineer, decompile or
disassemble any portion of the App, the Service, any of the Software and/or any
Content;
(d) remove any copyright, trademark, or other
proprietary rights notices contained in the App, Service and/or Content;
(e) copy and/or frame any part of the Service
or the 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, Service
and/or Content;
(g) disclose your Registration Details or
permit other persons to use your Registration Details to access and/or use the
App, the Service and/or the Content;
(h) hack, break into, or attempt to hack or
break into, in any manner the App, Service, Software, and/or any data areas on
our server(s) or that of any third parties;
(i) collect information of users of the App,
Service and the Content;
(j) download, copy, store, rip, distribute,
share or re-direct any Content from the Service in any way or through any
media;
(k) incorporate any software or other
materials that contain any virus, worm, time bomb, Trojan horse, or other
harmful or disruptive component;
(I) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any content transmitted through the Service;
and
(m) interfere with or disrupt the Service or
servers or networks connected to the Service.
3.3 Our authorization for you to access and
use the App, the Service and the Content is conditional upon your strict
compliance with each of these Terms and Conditions.
4.
Personal Data and Information
4.1 Your need to provide us with your mobile
number to register and activate the App and the Service. No other personal data
or information will be required. Failure to provide a valid mobile number may
result in rejection of your registration and activation request.
4.2. Your mobile number may be collected and
retained by us for marketing purposes if you have opted to receive such
information. Any personal data or data collected by
us in connection with the App and the Service, is collected, processed, disclosed, retained and used, all in
accordance with the requirements of
the Personal Data (Privacy) Ordinance and the Privacy Policy Statement of HKT Group (which can be viewed at https://www.hkt.com/privacy-statement?locale=en).
4.3 You agree to provide us with the
information relating to you or your use of the App or the Service that we may
reasonably require:
(a) to help us in complying with applicable
law and to report to any government or regulatory agency regarding such
compliance; and
(b) to assess whether or not you have
complied, are complying and will be able to continue to comply with all
obligations under these Terms and Conditions.
5. Acknowledgements
5.1 You acknowledge that:
(a) at all times only one video may be
streamed through the Service and that no multi-angle viewing of the Content
will be available;
(b) the promotion code provided by PCCW Media Limited can
only be used once to register for and activate the Service;
(c) you can only access and view the Content
via the App on your Samsung TV;
(d) we do not exercise any editorial control
over certain Content and do not make any claims as to the truth in such
Content;
(e) most of the Content are provided by third
party providers, not by us. The availability of such Content, are outside our
control;
(f) we make no representation, promise,
warranty, undertaking or guarantee as to the quality, completeness, usefulness
or continuity of any particular Content;
(g) you have not relied upon any information
or statement to the effect that any particular Content will be made available
to you in whole or in part;
(h) we can vary, replace or withdraw any
Content or any part of the Service (whether advertised or not) at any time
during the Service Period with or without notice and without liability to you;
(i) we can change or reduce the number of
hours of broadcast of any Content.
(j) any Content solely expresses the view of
the speaker of the Content, not our views or any entity associated with us;
(k) we disclaim all liability for any
Content; and your use or inability to use the App and/or the Service;
(I) your use of the App, the Service and the
Content 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 the App, the Service and the Content in addition to these Terms and
Conditions and will prevail over these Terms and Conditions to the extent of
any inconsistency;
(m) nothing you do on or in relation to the
App, Service and/or Content will transfer any intellectual property rights to
you or license you to exercise any intellectual property rights;
(n) 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;
(o) parts of the App, Service and Content may
be provided or maintained by third party providers and not by us; in such
cases, your correspondence or dealings with any third party provider are solely
between you and that third party provider, and you agree that we will not be
liable or responsible for any loss or damage of any sort incurred as the result
of such dealings;
(p) unless explicitly stated otherwise, any
new features that augment or enhance the App and/or the Service shall be
subject to these Terms and Conditions;
(q) we may at any time employ and/or install
Software in your Samsung TV, 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;
(r) the provision of the Service is
contingent upon the network and 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 internet 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 Service, whether authorized or not) for any failure or
delay in accessing the App, the Service or any part thereof (whether due to the
lack of streaming capacity or otherwise) and/or the consequences or effects on
your internet network, Wi-Fi connection, their speed and/or bandwidth that may
be caused by the App or the Service;
(s) the stability and quality of video
streaming; and your ability to use all features of the App, the Service and the
Content depends on and are affected by various factors including but not
limited to:
i. insufficient bandwidth, inappropriate
equipment set-up and equipment incompatibility which may lead to interrupted
video streaming, pixilated video, disruption in streaming, audio that is not
synchronized with video etc;
ii. broadband download speed (a download
speed of 30 Mbps or above is recommended);
iii. whether a wired Ethernet LAN is used for
the connection between the Samsung TV and the router;
iv. strength of the Wi-Fi signal if your
device is connected to the Internet via Wi-Fi (you are advised to check if the
Wi-Fi signal is normal as Internet speed may be affected if too many users are
connected to the same Wi-Fi access point or if many users are sharing the same
radio spectrum. In addition, the distance between the Wi-Fi modem and the
mobile device or personal computer will directly affect the stability of the
network reception);
v. whether recommended Wi-Fi routers are used
(such as those with 802.11ac, preferably with MU-MIMO);
vi. whether other applications are running or
files are being uploaded or downloaded at the same time when the App is used;
and
(t) the
broadcast of the Premier League 2021/22 & LaLiga 2021/22 and/or UEFA
Champions League 2021/22, Europa League 2021/22, Conference League 2021/22 and
Youth League 2021/22 on the Service is subject to the agreements signed by us
with their respective rights holders to broadcast the same.
6.
Software Licence
6.1 You may from time to time be requested to
download, update and install software, applications and/or programs (the
“Software”) from the Samsung TV App Store in order to use the Service and/or
view the Content; and we hereby grant to you a non-exclusive and
non-transferable licence for you to store, run and use the Software on your
Samsung TV in accordance with these Terms and Conditions and any software
licence which accompanies the Software but not further or otherwise.
6.2 You agree to download and install the
Software in your Samsung TV, to be used by you for accessing the App or the
Service and/or to view the Content.
6.3 You acknowledge that we may refuse to
provide the Service to you in the event you fail to successfully download and
install the appropriate Software as required.
7.
Links and Advertisements
7.1 We have no control over any third party
web sites linked to the App or 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 App or the Service (including without limitation sites linked
through advertisements). Some links which appear on the App or 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 App or 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 App or the Service.
7.2 We may use third-party advertising
companies (such as Doubleclick) to track and/or measure advertising
effectiveness on the App, the Service and certain web sites. These companies
may use information about your visits to the App, the Service and these web
sites in order to measure advertising effectiveness and to provide
advertisements about goods and services of interest to you.
8.
Indemnities
8.1 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 other person’s use of
the App, Service, Content, and/or Software; and
(b) any breach of any of these Terms and
Conditions by you.
8.2 Clause 8.1 shall survive the termination
of your agreement with us for the App and the Service.
9.
General Warranties & Liability
9.1 The App, Service, 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, Service, Software and/or any Content, that the Service
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, 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 Service will meet your requirements; and/or your access to and use
of the App or the Service will be uninterrupted or error-free, free of viruses,
malicious code or other harmful components or otherwise secure.
9.2 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, Service,
Software and/or any Content;
(b) any claim based on contract, tort, or
otherwise or related to your use of or inability to use, the App, Service,
Software and/or any Content or any part thereof;
(c) any errors or omissions in the App, the
Service and/or any Content or any part thereof; and
(d) any infringement of intellectual property
rights arising from your use of the App, Service, Software and/or any Content,
even if advised of the possibility of such
damages or claims.
9.3 Clauses 9.1 and 9.2 shall survive the
termination of your agreement with us for the App and the Service.
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 the Service in accordance with these Terms and
Conditions. We can suspend or end your access to and/or use of the App, Service
and/or any Content immediately in such event.
11.
Termination
11.1 We may, at our sole discretion, cease
providing the App, Service and/or any Content to you at any time without giving
any prior notice to you.
11.2 For serious misuse described in Clauses
3 and 14, we may suspend or terminate your access to the Service immediately
without giving any prior notice to you. Otherwise, if you breach these Terms
and Conditions, we may suspend or end your access to the Service without giving
any advance notice.
11.3 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 the
Service.
12.
Effect of Termination
12.1 Upon termination of your access to the Service,
all licences, rights and privileges granted to you under these Terms and
Conditions shall cease. 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, Service and/or Content
13.1 We can limit, suspend, end or restrict
your access to the App, Service and/or any Content, without giving you any
advance notice if:
(a) the law requires us to do so;
(b) there is an emergency that affects our
ability to provide the App, Service and/or any Content;
(c) you breach any of these Terms and
Conditions;
(d) the Service and/or any Content is
withdrawn from distribution for whatever reason;
(e) we no longer operate the App or hold the
right to distribute the Service and/or any Content;
(f) 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 or the transmission of the Service and/or any Content; or
(g) 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.
14.
Unauthorized access
14.1 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 App, Service or
Content.
15.
Changing the terms
15.1 We may need to change these Terms and
Conditions from time to time. The latest version of the terms and conditions
will be available on the latest version of the App, and they shall take effect
on the date such version of the App is available for download.
16.
Other things we need to tell you
16.1 You accept that the agreement between
you and us for the App and 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.
16.2 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.
16.3 When we need to contact you, we will use
your mobile number if provided by you to us. If you need to contact us, please
use the contact details provided in the App or the Service or any other postal
address, e-mail address or phone number we have given to you for that purpose.
16.4 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.
16.5 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.
16.6 Save and except for our affiliates, any
person or entity who is not a party to the agreement between you and us for the
App and the Service, shall have no right under the Contracts (Rights of Third
Parties) Ordinance (Cap 623) of Hong Kong to enforce any of these Terms and
Conditions.
16.7 Whether or not you subscribe to any Now
TV service, these Terms and Conditions constitute the entire agreement between
you and us with respect to your use of the App and Service on the Samsung TV.
16.8 The English version of these Terms and
Conditions shall prevail over the Chinese version (if any) which is provided
for information purposes only.