TERMS AND CONDITIONS

These Terms and Conditions ("Terms and Conditions") contain the terms governing your membership in Happy Academy. Happy Academy is operated by PCCW Media Limited ("PCCW"). If you are a member of Happy Academy, you will be able to receive and/or redeem various benefits and privileges offered by or through Happy Academy (collectively, the "Happy Academy Benefits") subject to the terms hereof and other relevant terms which may be announced or notified to members from time to time.

You agree that you have:

  • read, understood and accepted these Terms and Conditions;
  • read, understood and accepted the Terms of Use of the website of Happy Academy (available on nowtv.now.com/happyacademy) which are incorporated by reference herein;
  • read, understood and agreed to the arrangement with respect to the collection, use, retention, access of your personal information as set out in these Terms and Conditions and also to the PCCW Privacy Statement (available for viewing at www.pccw.com); and
  • accepted that these Terms and Conditions and the PCCW Privacy Statement may at any time be amended or modified from time to time (such amendments and modifications to take effect upon their posting on nowtv.now.com/happyacademy); and that continued participation in the membership of Happy Academy will constitute acceptance of such amendments and modifications.
  1. Joining Happy Academy
    1. 1.1 Eligibility. You must be at least 18 years of age to apply to be a member of Happy Academy.
    2. 1.2 Enrollment. Your application to be a member of Happy Academy is subject to approval by PCCW whose decision shall be final and binding. PCCW is not obliged to provide any reasons for rejection of any application. Any application submitted without the provision of all required information and personal data, or any application submitted with false or inaccurate information or personal data, will be rejected; or if membership has been granted, such membership shall be deemed terminated. PCCW shall be entitled to claw back, seek redress and/or invalidate benefits and privileges made available or to be made available (if any) to you if your membership is terminated.
    3. 1.3 Membership and Benefits. Membership in Happy Academy is acquired and held on an individual account basis. Any fees paid for this membership is non-refundable. The services, vouchers, offers, gifts, benefits and privileges issued or provided in association with the Happy Academy membership cannot be redeemed, refunded, transferred or exchanged for cash (unless otherwise specified by PCCW).
  2. Cancellation of Membership
    1. 2.1 Cancellation of Membership.  PCCW may terminate your membership in Happy Academy without liability if PCCW is of the view that it is inappropriate for you to be a member of Happy Academy; or you:
      1. have acted in an inappropriate, fraudulent, dishonest, abusive or hostile manner;
      2. have breached any of these Terms and Conditions; or
      3. engage in any misconduct or wrongdoing when using your Happy Academy membership or any Happy Academy Benefits.
        4. All unredeemed Happy Academy Benefits will be forfeited immediately if they are not redeemed within the stipulated redemption period.
    2. 2.2 Reactivation of membership. If your membership in Happy Academy was terminated as a result of you ceasing to be a subscriber of the Now TV Junior Pack, please note that your membership will be automatically re-activated if you subsequently re-subscribe to the Now TV Junior Pack.
  3. Personal Data
    1. 3.1 We collect, process, disclose, retain or use your Personal Data (as defined in the Personal Data (Privacy) Ordinance (Chapter 486, the Laws of Hong Kong) in accordance with the PCCW Privacy Policy Statement which is published at www.pccw.com.
    2. 3.2 If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may decline to provide the Happy Academy membership to you.
    3. 3.3 You will, as soon as possible, inform PCCW of any change of address or any other particulars provided to PCCW which may affect its provision of the Happy Academy membership or Happy Academy Benefits to you.
  4. General
    1. 4.1 Modification.  The mode of operation, composition and general administration of Happy Academy and membership therein, may be changed at any time, for any reason with or without prior notice to you.
    2. 4.2 Termination of Happy Academy Membership. Your membership in Happy Academy may be terminated by PCCW with or without notice.
    3. 4.3 Benefits Subject to Availability and Modification. All benefits, amenities, offers, awards and services of Happy Academy (including without limitation the Happy Academy Benefits) are subject to availability and may be changed or withdrawn by PCCW at any time with or without notice.
    4. 4.4 No Sale or Transfer. You must not, and must not permit any other person to, sell, transfer or use any Happy Academy Benefits without PCCW's prior consent.
    5. 4.5 No Liability Arising from Third Parties' Products/Services. The Happy Academy Benefits may comprise products or services supplied by third parties ("Third Party Providers").  You agree to comply with the applicable terms and conditions specified by PCCW and/or the relevant Third Party Providers; and you agree that PCCW is not responsible or liable for: 
      1. the act, negligence or omission of such Third Party Providers;
      2. your use of or inability to use, any Happy Academy Benefits; and
      3. the transaction or any dispute between you and such Third Party Providers.
      PCCW will use reasonable efforts to ensure the availability of the Happy Academy Benefits but will not be liable for any loss arising from any failure to so provide. You acknowledge that you use such products and services at your own risk.
    6. 4.6 No Warranties or Representations.  PCCW makes no warranties or representations, either expressed or implied with respect to the type, quality, availability, merchantability or fitness for purpose of goods or services provided through Happy Academy (including without limitation the Happy Academy Benefits) or by PCCW.
    7. 4.7 Not Responsible for Acts, Errors, or Omissions.  PCCW is not responsible for: (a) any loss or misdirection of, or delay in receiving, any membership application, correspondence, redemption requests, or general administration of handling benefits; (b) theft or unauthorized redemption of benefits; (c) any acts or omissions of third parties; or (d) any errors published in relation to the description of the benefits.
    8. 4.8 Disputes.  In the event of any dispute in connection with Happy Academy or the Happy Academy Benefits, PCCW’s decisions will be final, binding and conclusive.  In the event of any discrepancy between the English version and any translated version (if any), the English language version will prevail.
    9. 4.9 Limitation of Liability.  To the extent permitted by law, PCCW, its affiliates and their respective employees, shall not in any way be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential loss, damage or expense of any kind (whether based on contract, tort or otherwise) which arise out of or are in connection with Happy Academy, and whether such loss, damage or expense is caused by negligence or otherwise, or whether PCCW has any control over the circumstances giving rise to the claim. Nothing in these Terms and Conditions shall exclude liability for death or personal injury caused by negligence.
    10. 4.10 Indemnity. You agree to indemnify PCCW, its affiliates, Third Party Providers, service providers, sub-contractors, licensors and agents against any action, liability, cost, claim, loss, damage, proceeding and/or expense suffered or incurred by each of them arising from or which is related to: 
      1. your use, and any other person's use of the Happy Academy’s membership and/or Happy Academy Benefits; and
      2. any breach of these Terms and Conditions.
    11. 4.11 Force Majeure. Sometimes, PCCW may not be able to perform its obligations hereunder because of an event beyond its reasonable control (for example because of fire or flood or severe weather). In these cases, PCCW shall not be liable for the delay or failure to perform its obligations.
    12. 4.12 Third Party Rights.  Save for PCCW’s affiliates or providers providing the Happy Academy Benefits, no other third party has any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623, the Laws of Hong Kong) to enforce these Terms and Conditions and all other terms and conditions applicable to Happy Academy and/or to the Happy Academy Benefits.
    13. 4.13 No assignment. You accept that the Happy Academy membership is personal to you and agree not to transfer it to anyone else, or to try to do so without PCCW’s prior written consent. PCCW can transfer its rights and obligations hereunder to any person or entity without your consent; and can also use an agent or subcontractor to perform its responsibilities. 
    14. 4.14 Severability. If any of these Terms and Conditions becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible and shall be deemed to be deleted. 
    15. 4.15 Choice of Law and Venue.  These Terms and Conditions and all other terms and conditions applicable to Happy Academy shall be governed by the laws of the Hong Kong SAR and you agree to submit to the exclusive jurisdiction of the Hong Kong SAR courts.