Terms of Services

TERMS OF USE - TVB ANYWHERE+

Last updated: 16 April 2019

Please read the following terms and conditions (“Terms”) carefully as these Terms apply to all visitors and/or registered users who access or use this website https://plus.tvbanywhere.com (“Website”) and/or the TVBAnywhere+ service provided by TVB Anywhere Limited, which is part of the TVB Group. Under these Terms, “we”, “our” and “us” mean TVB Anywhere Limited and/or its affiliates in relation to the provision of the TVBAnywhere+ service.

By (a) accessing or using our Website, (b) registering and creating a user account with us, (c) downloading or using our applications for mobile devices or smart televisions (“Apps”), (d) using our OTT box (“TV Box”) (Website, Apps, TV Box are collectively referred to as the “Service”), or (e) accessing or using any content, including, but not limited to, any channel, programme, still picture, graphic, moving image (whether animated or otherwise), video, text, article, editorial work, data, information and/or other material) (“Content”) and/or any software, program and/or application (“Software”) contained in our Service, you agree to be bound by these Terms, which incorporate our Cookie Policy and our Privacy Notice (for users located in the European Union) and our Privacy Policy. If you do not agree, you should immediately stop using our Service.

We reserve our right to modify and update any part of these Terms at any time by posting the modified or updated terms on our Website, TV Box and/or Apps. Except as stated below, all modifications and updated terms shall automatically be effective and supersede any previous versions after they are first posted on our Website, TV Box and/or Apps. You agree to review these Terms periodically to ensure that you are aware of any modifications.

  1. Service
    1. The Service provides our registered users with access to the Content streamed over the Internet via our Website, TV Box and/or Apps in compliance with the terms and conditions set forth in these Terms.
    2. The Service may be accessed and the Content may be viewed within the country or region in which you have created a user account with us, and only in geographic locations where we offer our Service and have licensed such Content. The Content that may be available to view will vary by geographic location and will change from time to time. We will use technologies to verify your geographic location.
    3. While we may offer certain Content from time to time for free in the Basic Zone, we charge a fee for the access of certain Content, services or features in the Premium Zone that are restricted to subscription services only. Upon the expiry of any Premium Zone subscription, you will automatically become a Basic Zone user and may continue to access Content available in the Basic Zone in compliance with these terms until we notify you otherwise.
    4. Certain Content is available for temporary download and offline viewing (“Downloaded Titles”), which is subject to restrictions specified [at the time of download], such as the maximum number of Downloaded Titles per account, the maximum number of devices that may store Downloaded Titles, the time period within which such Downloaded Titles may be viewed, and the geographical locations within which such Downloaded Titles may be accessed.
    5. The number of devices on which you may simultaneously access our Service depends on your chosen subscription plan and is limited to a maximum of TWO (2).
    6. The accessibility and quality of our Service may vary from device to device and depends, amongst other things, on the operating systems/browsers installed on your device(s), the bandwidth available through your Internet connection, and/or your location.
    7. The Service and any Content/Software are for your personal and non-commercial use only and may not be shared with individuals beyond your household unless otherwise agreed by us in writing. While you are our registered user, we grant you a limited, non-exclusive, non-transferable right to access our Service, view the Content and use the Software. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use our Service and/or Content for public performances.
    8. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, rights holders, or other content providers.
  2. Using our Service
    1. These Terms govern your use of our Service. Unless explicitly stated otherwise, any new features that augment or enhance the Service shall also be subject to these Terms.
    2. Use of our Service requires compatible devices, Internet access with sufficient bandwidth, and periodic updates. The latest version of Software is recommended and may be required to access our Service for certain features. You acknowledge that you are responsible to obtain and maintain at your own expense all equipment, systems, software, and/or services needed to access our Service and to update the Software.
    3. When you use our Service with your network bandwidth service, your network bandwidth may be reduced. As your use of our Service will consume Internet connection and incur network data transmission fees, please beware of your network consumption and the network data transmission fees being charged by your network service provider. Please contact your network service provider for any queries.
    4. Your installation and use of the Service will occupy certain storage capacity of your device. You are therefore recommended to maintain sufficient storage capacity in your device at all times.
    5. We do not warrant that our Service will be compatible with any equipment or systems and we shall in no event owe to you any responsibility or liability in respect thereof, including, without limitation, any damage to equipment and systems and any loss of data.
    6. We reserve the right to update our Service from time to time in our sole discretion, including, but not limited to, adding, changing or removing Content, functionalities and features, and changing the user interface or the manner in which you are able to access our Service and/or Content.
    7. You agree that the requirements under this Section 2 may change from time to time and you are responsible to ensure that all these requirements are met before accessing or using our Service.
  3. Registration and subscriptions
    1. You need to have a valid TVB Member ID to use our Service and access our Content. A TVB Member ID is “single user account sign in credential and authentication” service (“Single Log-in Function”) provided by our parent company, Television Broadcasts Limited (a company incorporated in Hong Kong), to facilitate users accessing certain online services provided by applicable companies within the TVB group of companies which use the Single Log-in Function (“TVB Companies with Single Log-in Function”). This allows our users to enjoy the TVB online services in a simpler and quicker way.
    2. You must be at least 18 years of age (or the age of legal majority in your jurisdiction, if higher) to create a TVB Member ID and use the Service. Individuals under the age of 18 (or the age of legal majority in your jurisdiction, if higher) may utilize the Service only with the involvement and supervision of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
    3. As your account is the means by which we identify you and by which you use the Service and make transactions with us, you must keep your sign in credentials confidential at all times. All transactions done using your account (whether used by you or other person, authorized or not) shall be deemed to be authorized by you, and we will not be responsible for any unauthorized access or losses in connection with or arising out of the unauthorized use of your account. In the event that there is suspicious of the use of your account by unauthorized persons, you shall immediately notify us.
    4. We may offer you certain free trials or discounted price for certain plans or services you have subscribed for or other plans or services you have not subscribed from time to time at our sole discretion. The specific terms of such promotion will be provided at your subscription or in other communications made available to you describing the particular promotion. We reserve the right to modify or cancel such promotional offer at any time without notification. Once the free trial or discounted offer of such promotion ends, we may start billing you for the standard fees corresponding to such plans without further notice unless you cancel subscription prior to the end of the promotion or unless otherwise disclosed in communications made available to you.
    5. Some subscription plans or services may renew automatically, and if you do not cancel your subscription within a certain time period before the renewal date in accordance with the terms and conditions specified at the time of subscription, you may remain responsible for any continued charges to the payment method you provided.
    6. Some promotional plans may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.
    7. We reserve the right to modify, terminate or otherwise amend our offered subscription plans or services.
    8. Fees and other charges shall be paid in the manner notified by us from time to time in full without offset. Unless otherwise indicated, you shall be liable to pay any applicable postage fees, bank charges, value added tax, good and services tax, government taxes (excluding profit tax) and duties arising from the provision of the Service. We may, at any time, upon notice, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented will apply to your subsequent new or renew subscription and to all new customers after the effective date of the change. If you cease to be a user for whatever reasons during your subscription, you shall be liable to pay the prevailing fees upon re-registration.
    9. Information and particulars as to the subscription plans or other products or services available at our Service or advertised over public media constitute invitations to treat, and shall not be construed as offers under any circumstances. No contract will be formed until your registration or order has been confirmed by us in writing.
  4. Content
    1. We have the sole right and discretion to determine the type, nature, genre, quality, quantity and duration of the Content made available on or through the Service.
    2. Certain Content will only be available for viewing during the prescribed limited time frame (“Viewing Period”), and will then cease to be available under the Service. We make no representation, promise, warranty, undertaking or guarantee as to the quality, completeness, usefulness, continuity or Viewing Period of any particular Content, and we reserve the right to vary, replace or withdraw any Content (whether advertised or not) on the Service, or any bundles or packs of the Service in such manner as we may determine in our absolute discretion.
    3. You acknowledge and agree that:
      1. through your use of the Service, you may be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content;
      2. you may be exposed to Content that is inaccurate, deemed offensive, indecent, or objectionable, which Content may or may not be identified as such, and that you agree to use the Service at your own risk and that we will not have any liability to you or any third party for the Content that you may access on or through the Service;
      3. 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 plans;
      4. any Content solely expresses the views of the speaker of the Content, are not our views or any entity associated with us;
      5. certain Content on the Service are provided by third party providers and are beyond our control;
      6. no credit or refund is available in respect of any time when the Service and/or Content 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;
      7. certain information under the Service may be provided by third party information service providers (the “Information”) and such provision of Information shall be subject to any conditions from time to time determined by us at our own discretion. Without limiting the generality of the foregoing, the provision of the Information shall be subject to the following terms and conditions: You (i) shall use the Information for viewing purpose only; (ii) shall not transmit, re-disseminate or re-distribute (whether on real time basis or not) the Information to any third party; (iii) shall not use the Information or any part thereof other than for your own personal and non-commercial use; (iv) acknowledge that all rights in the Information, and all information derived from the Information (in whatever form it was presented) shall be and remain the property of the relevant information providers and any of its subsidiaries or affiliated companies (as the case may be); (v) shall not use the Information or permit the use of the Information or any part thereof for any illegal purpose; (vi) acknowledge and agree that the relevant information providers, including the relevant Stock Exchange, endeavour to ensure the accuracy and reliability of the Information provided but do not guarantee the accuracy or reliability of the Information and accept no liability (whether in contract or tort or otherwise) for any loss or damage arising from any inaccuracies, omissions, delay or interruption; and (vii) acknowledge and agree that the use of the Information shall be subject to such directions as may be given by the relevant information providers from time to time and you hereby agree to abide by such directions;
      8. certain Content, services or features may be subject to additional charges and terms and conditions, which will supplement these Terms. You will need to agree to such additional charges and terms and conditions in order to access any such Content, services or features; and
      9. certain Content may not be 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 account. We will not be in any way responsible for any use of your account to access to, subscribe for and viewing of any of the Content (whether the account is used by you or other person, authorized or not).
    4. While the Service allows you to stream the Content online, you are not permitted to download any of the Content at any time for any reason unless as notified by us or with our prior written permission.
  5. Your obligations
    1. You agree:
      1. to abide by all applicable laws, these Terms and any other operating and/or usage rules applicable to our Service, Content and/or Software, as amended from time to time;
      2. to use our Service, Content and/or Software in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our Service by any third party;
      3. that any person who uses the Service, Content and/or Software under your account (whether or not approved by you) shall be deemed to be your use of the Service, Content and/or Software;
      4. to restrict any minors from viewing those Content and/or use any part of the Service which is not suitable for viewing by minors; and
      5. to be responsible for any costs you incur to access our Service, Content, Software and/or Internet connection.
    2. Unless as notified by us or with our prior written permission, you are not allowed, and you shall not permit any person, to:
      1. resell the Service to any third parties;
      2. obstruct or interfere with the Service or servers or networks connected to the Service, or restrict or inhibit any other persons from using our Service, Content and/or Software, including without limitation by means of “hacking” or defacing any portion of our Service, Content and/or Software;
      3. make defamatory statement, harass or cause distress to other users when using our Service;
      4. use any device or apparatus which may be harmful to our network or third party’s equipment (in which case, you shall immediately cease the connection of such device or apparatus);
      5. use any robot, spider, scripts, site search, retrieval application, or other manual or automatic device or process to access, monitor, retrieve, index, “data mine”, or in any way reproduce, disrupt or copy, circumvent the navigational structure or presentation of our Service, Content and/or Software;
      6. permit any other person to incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component to any portion of our Service, Content and/or Software;
      7. collect information of other users of the Service;
      8. sell, reproduce, copy, distribute, publish, modify, prepare derivative works based on our Service, Content and/or Software or any part thereof, whether or not for profit;
      9. make use of our Service, Content and/or Software or any part thereof for any public, non-residential, or commercial purposes or for any illegal purpose or for any other purposes not expressly permitted under these Terms;
      10. collect money or other consideration for the use or access of our Service and/or Content or for access to any premises where our Service and/or Content are viewed or exhibited under any circumstances;
      11. remove any copyright, trademark, or other proprietary rights notices contained in our Service, Content and/or Software;
      12. use our Service, Content and/or Software on any device that you do not own or control;
      13. access to or use our Service, Content and/or Software for any unlawful purpose or any purpose not expressly authorized by these Terms;
      14. modify, adapt, sublicense, digitize, encode, reformat, compress, decipher, retrieve, interfere reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of our Service, Content and/or Software or in any way or manner control the signal of our Service , Content and/or Software;
      15. download, copy, store, rip, distribute, share or re-direct any Content from our Service in any way or through any media.
  6. TV Box limited warranty
    1. TV Box purchased from us or any of our authorized dealer or sales agent is covered by one (1) year limited hardware warranty (“Warranty”) from the date of original retail purchase as specified on the proof of purchase (the original proof of purchase, such as official sales receipt/invoice, must be presented to obtain this Warranty; otherwise service fee will be charged). During the one (1) year warranty period, if a defect in materials and workmanship arises in the TV Box under normal use, and you follow the instructions for returning the TV Box, we will at our option, to the extent permitted by law, either repair the TV Box using new or refurbished parts, replace the TV Box with a new or refurbished TV Box that is equivalent to the TV Box to be replaced, or refund to you all or part of the purchase price of the TV Box.
    2. The Warranty shall not cover: (a) alleged defect or malfunction that does not exist; (b) cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) damage caused by use with another product or ancillary or peripheral equipment; (d) damage caused by accident, abuse, neglect, misuse, liquid contact, fire, earthquake, act of God or other external cause; (e) damage caused by operating the TV Box outside the user manual, the technical specifications or other published guidelines; (f) damage caused by service (including upgrades and expansions) performed by anyone unauthorized by us; (g) when the TV Box has been opened or modified to alter functionality or capability without our written permission; (h) defects caused by normal wear and tear or otherwise due to the normal aging of the TV Box; (i) if any serial number has been removed or defaced from the TV Box; (j) any interoperability or compatibility issues that may arise when products, software or options or configurations not supported by us are used; (k) if the TV Box is a stolen property or we reasonably believe that the TV Box is a stolen property based on information provided by law enforcement authorities; or (l) items of a consumable nature. All warranties, conditions and other terms not set out in this section are excluded from the Warranty service, and we do not make any other promises, conditions or warranties about the TV Box other than set out in the Warranty service.
  7. Intellectual property rights and license
    1. The Service is derived in whole or in part from materials supplied by us and/or other licensed sources, and are protected by all relevant intellectual property laws (including copyright and trade mark laws). All rights in the content of the Service, Content and/or Software are owned or controlled by us or our respective licensors.
    2. Our names, images, logos and those of third parties and their products and services are our proprietary marks and such third parties respectively.
    3. We hereby grant to you a non-exclusive and non-transferable license for you to store, run and use the Software on your personal computer or viewing device for your accessing of the Service subject to and in accordance with these Terms and any software license of the Software but not further or otherwise.
    4. You agree and acknowledge that:
      1. we own and retain all rights to our Service, Content and/or Software. All trademarks, service marks and logos (“Marks”) on our Service, Content and/or Software are owned by or licensed to us.
      2. our Service, Content, Marks, and/or Software are protected by copyright, trademark laws, and other Intellectual property right laws, and you further agree that you are being granted with a revocable, non-exclusive, non-transferrable, limited license, without right of sublicense, to access and use our Service, Content, Marks and/or the Software contained therein in compliance with these Terms.
      3. nothing you do on or in relation to our Service, Content, Marks, Software, and/or the materials contained therein will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.
      4. we expressly reserve the right to take action against you in the event that you infringe any of our intellectual property rights or other rights of any person.
      5. the provisions in this Section 7 shall survive the expiry or any termination of these Terms and/or your use of the Service
  8. Data protection and cookies
    1. We will apply and comply with the laws and principles of the Personal Data (Privacy) Ordinance (Cap 486) (“Ordinance”) of the Laws of Hong Kong Special Administrative Region of China (“Hong Kong”) when processing your personal information. We may also collect your personal information subject to the terms and conditions of our Privacy Notice (for users located in the European Union) and our Privacy Policy. We reserve the right to modify and/or update our Privacy Notice (for users located in the European Union) or our Privacy Policy at any time and post the modified version on our Website, TV Box and Apps. Your use of the Service following the posting of such changes will constitute your acceptance of any such changes.
    2. You represent that all personal information provided by you are accurate and updated. You can correct factual errors in your personal information by logging in your user account or by emailing us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to making corrections. Your personal information will be maintained securely in our system. Only authorized person(s) will be permitted to access such personal information.
    3. You agree that we may collect and use technical data and related information including Universally Unique Identifier (UUID), technical information about your computer, device, system and application software that is gathered periodically to facilitate the provision of software updates, product support, personalize the contents and marketing, and other services (if any) to you related to the Service.
    4. You understand that by using the Service, you consent and agree to our collection and use of the Internet Protocol (IP) address information and other related information for geo filtering purpose. For more details, please refer to our Cookie Policy and our Privacy Notice (for users located in the European Union) and our Privacy Policy.
  9. Our rights
    1. We have the right, but not the obligation to:
      1. expand, reduce and/or modify the whole or any part of our Service;
      2. deactivate the whole or any part of our Service to carry out system maintenance, upgrading, testing and/or repairs;
      3. monitor the Service accessible by you from time to time and to disclose any information as necessary to satisfy any law or regulation to operate our Content properly, or to protect ourselves or you;
      4. place advertising and promotional materials in conjunction with the Content, within the Content transmitted, in our Service and/or the Software at our sole discretion;
      5. employ and/or install applications or software in any device 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 and/or for your access to the Service from time to time;
      6. pay commission or rebate to any third party who introduces you to us;
      7. engage an external debt collection agency to recover for us any outstanding payment from you. In which case, you will have to pay us additional liquidated damages, which sum shall not exceed the amount we pay to the debt collection agency as service fees. Such additional sum will be calculated by the debt collection agency as part of your debt owed to us. If you have been suspended of the Service by us prior to your full settlement of the debt, we reserve the right to charge you administrative charges for resuming the Service. The administrative charges shall be deemed as part of the fees under these Terms; and/or
      8. terminate, limit or suspend your access to any part or all of our Service according to Section 12.
  10. Third party materials
    1. We make no representation about, and we do not endorse and could not control the reliability or performance of any software, materials, applications, media platforms, devices or services of third parties (e.g. our information suppliers or advertisers or sponsors or promotional partners) that you may access through, or are linked to or embedded in the Service. You agree that any use of such software, materials, applications, media platforms, devices or services will be at your own risks.
    2. Parts of the Service and/or 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.
    3. Your use of different webpages of our Website or websites/applications 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 webpages or websites/applications in addition to these Terms and will prevail over these Terms to the extent of any inconsistency. We have no control over any third party websites/applications linked to our Website or Service and we are not responsible for the content or accuracy of any off-site pages or any other third party websites/applications linked to our Website or Service (including without limitation websites/applications linked through advertisements).
  11. Disclaimer of any warranties and limitation of liabilities
    1. Our Service and all materials delivered to you through our Service are provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement made by us. You expressly agree that your use of our Service, Content and/or Software and/or content obtained through your use of the foregoing are at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
    2. Our Service is provided subject to these Terms and we shall not be liable for:
      1. the timeliness, deletion, non-delivery, errors, interruptions in the transmission or failure of the provision of any services or Content under the Service; and
      2. your inability to gain access in whole or in part to our Service or Content due to the delay or failure of any communication networks or any party providing such access.
    3. We do not warrant that the functions or material contained in the Service will be uninterrupted or error free, that defects will be corrected, or that the Service or the software or the device or the server that makes it available are free of viruses or bugs, or represent the full functionality, accuracy, reliability of the materials.
    4. We will not be liable to you or any other third parties, including users of our Service (whether authorized or not), for any failure or delay in accessing our Service or any part thereof (whether due to the reliability and stability of your Internet connection and its speed and bandwidth, or otherwise) and/or the consequences or effects on your mobile network, Internet connection, their speed and/or bandwidth that may be caused by our Service.
    5. To the fullest extent permitted by applicable law, we and the providers of our Service, Content and/or Software disclaim all representations and warranties of all kind, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability, of fitness for a particular purpose, of satisfactory quality, of accuracy, of quiet enjoyment, and of non-infringement of our Service, Content and/or Software, that the Service or your access to or use of the Service will be uninterrupted or error free, free of viruses, malicious code or other harmful components or otherwise secure, that defects will be corrected, that the Service or the software or the device or the server that makes the Service available are free of viruses or bugs, or that the materials provided through the Service are functional, accurate, reliable. We further disclaim any representation or warranty that our Service, Content and/or Software will meet your requirements.
    6. You agree and acknowledge that:
      1. certain content or service that is accessible through one viewing device may not be accessible through other viewing devices for various reasons (such as limitations or restrictions from third party), and we are not liable for such inaccessibility; and
      2. in no event shall we be liable for any damages, whether direct or indirect, or consequential damages, whether in action of contract, negligence, or other tortuous action, arising out of or in connection with your use or omissions, or conducts of any party in connection with or related to your use of the Service. Those who choose to access the Service from locations other than Hong Kong do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.
    7. To the fullest extent permitted by applicable law, we are not liable to you or any other third party (including users of our Service, whether authorized or not) for the following:
      1. any damage to or loss of data and/or the consequences or effects on your Internet connection, its spend and/or bandwidth, arising from your use of our Service, Content and/or Software;
      2. any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any damages, whether direct or indirect, consequential or incidental, whether of an economic nature or not, whether in action of contract, negligence, or other tortuous action, whether arising out of or in connection with your use or omissions, or conducts of any party in connection with or related to your use of our Service;
      3. any claim relating to any part of our Service, Content and/or Software supplied, provided, sold or made available by or through our Service (or any failure or delay to so supply, provide, sell or make available);
      4. any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Service, Content and/or Software;
      5. any disruption, suspension, delay, failure or discontinuation of our Service or our Service capacity, Content and/or Software or any part thereof which is attributable to (i) an event or circumstance beyond our reasonable control; (ii) our system maintenance, upgrading, testing and/or repairs, (iii) the reliability and stability of your Internet connection and its speed, its bandwidth, its system and services and (vi) any other third party’s software or services; and/or
      6. any infringement of any intellectual property rights arising from your use of our Service, Content and/or Software.
    8. To such extent permissible by the applicable law, if we were found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our Service, Content and/or Software, our liability shall in no event exceed the greater of the total fees paid by you to use the Service for the immediately preceding twelve (12) months prior to any incident giving rise to a claim, or Hong Kong Dollars HK$500.
    9. Where permitted under the applicable law, you agree that (a) you may bring claims against us only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; and (b) the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
    10. For the avoidance of doubt, nothing in this Section 11 seeks to exclude any liability arising from any fraudulent act or omission on our part.
    11. The provisions in this Section 11 shall survive the expiry or any termination of these Terms and/or your use of the Service.
  12. Suspension and termination
    1. We may at any time, without notification or liability to you or any third party, suspend, limit or terminate or refuse your access to any part or all of our Services, temporarily or permanently if:
      1. in our sole discretion, you fail, or we suspect that you fail or are unable, to comply with (or acted in a manner indicating that you do not intend to or are unable to comply with) any of the provisions of these Terms;
      2. we discover your usage of the Service exceeds normal usage level. When the Service is resumed, we shall not extend the service period to compensate for the suspension;
      3. you fail to pay any fees;
      4. continuation is likely to be no longer commercially viable;
      5. we suspect, in our reasonable opinion, that you make unusual purchase or series of purchase or is engaged in illegal or improper use of our Service, Content and/or Software;
      6. fail to successfully install and/or download the latest version of the Software;
      7. we believe that such action is appropriate due to your improper use of the Service or breach of any term of these Terms;
      8. we no longer hold the right to distribute the Service or any particular Content;
      9. 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 the distribution of the Service or any particular Content; or
      10. we are legally required to do so by law.
    2. During suspension of your access to any part or all of our Service (a) any rights we have in respect of your obligations under these Terms which are not fulfilled by you shall continue to exist and binding; and that (b) your access to our Service, Content and Software, and that all licenses, rights and privileges granted to you under these Terms shall cease.
    3. You may terminate your user account or subscription to the Service at any time by giving written notice to us, provided that we do not provide refunds or credits for any remaining subscription periods. You may cancel your Premium Zone subscription through the authorized third party that you used to subscribe for the Premium Zone initially. For example, if you subscribe to the Premium Zone via any third party app store, you may cancel your subscription by turning off the auto-renew feature in your account with the applicable third party within the time period specified by such applicable third party. Please contact the applicable third party for details.
    4. Upon termination of your user registration or account (where applicable), all access to our Service, Content and Software and that all licenses, rights and privileges granted to you under these Terms shall cease.
    5. Any termination for whatever reason of these Terms shall not affect any of our accrued rights and interest nor shall it affect the coming into force or the continuance in force of any provision contained in these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
  13. Right to cancel (applicable only to users based in the European Economic Area)
    1. If you are based in the European Economic Area (EEA), you have the right to cancel a distance contract (contacts made online, by phone or mail order) or off-premise contract (contacts made away from a trader’s business premises) within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of conclusion of the contract; or in the case of a contract relating to a delivery of a good, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the good. Notwithstanding the foregoing, if you have stated your intention of accessing the Content before expiry of the 14-day cancellation period and expressly waived the right to cancel your order, you shall not be entitled to cancel.
    2. If you purchase from us directly and would like to exercise the right to cancel, you must notify us in writing of your intention to cancel by emailing us or using this cancellation form. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you purchase from a third party and would like to exercise the right to cancel, you may need to do so through such third party.
    3. If you cancel a contract within the cancellation period, we will reimburse to you all payments received from you not later than 14 days after the day on which we are informed about your decision to cancel a contract (if no good has been supplied); if good has been supplied, the earlier of 14 days after the day we receive back from you any good supplied and 14 days after the day you provide evidence that you have returned the good. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
  14. Indemnification
    1. You agree to indemnify and hold us harmless from any claim, costs or demand, (including reasonable legal fees) made by a third party, relating to or arising from:
      1. any violation by you of these Terms;
      2. your use of our Service, Content and/or Software;
      3. the information you provided;
      4. any and all usage of your user account, whether or not such usage is expressly authorized by you;
      5. in connection with any dealings with you through our Service;
      6. your violation of any rights of another, and under which such third party demands from you any compensation, fees or damages (including reasonable legal fees); and/or
      7. the personal information submitted by you.
    2. This Section 14 will survive the termination of your user account or expiry of your agreement with us and/or your use of the Service.
  15. Force majeure

    We will not be liable to you by reason of any failure or delay in the performance of our obligations hereunder on account of events beyond our reasonable control, which may include, without limitation, strikes, material shortages, riots, fires, flood, storm, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, failure of the Internet or extraordinary connectivity issues experienced by telecommunications providers. Upon the occurrence of a Force Majeure event, we are not obliged to perform our obligations for so long as the Force Majeure event continues, and for such further period of time that we may reasonably require to recover from the effects of such Force Majeure event, and no refund or partial refund of fees shall be made.

  16. Notices
    1. All notices and other communications hereunder to us shall be in writing or by emailing us and shall be deemed to have been duly given:
      1. when delivered if delivered by hand or courier during our normal business hours (i.e. Monday to Friday (and not being a bank holiday in Hong Kong) between the hours of 9am and 5pm or the next business day if delivered outside such business hours;
      2. when sent if transmitted successfully by fax or email (receipt confirmed) during our normal business hours (i.e. Monday to Friday (and not being a bank holiday in Hong Kong) between the hours of 9am and 5pm) or the next business day if sent outside such business hours; or
      3. on the third business day following posting, if posted by certified or registered mail, postage prepaid to our registered office or such other address as shall be specified by us from time to time.
    2. All notices and other communications hereunder which we give to you will be in such form and manner as we deem it is appropriate and it shall be deemed to have been duly given when sent, if transmitted by electronic mail, mobile short message (SMS), WhatsApp or facsimile transmission; on the day posted on our Website, Apps and/or TV Box; or on the third business day following posting, if posted to your address last notified to us.
  17. Modifications to these Terms

    We may make changes to our Service from time to time and reserve the right to amend these Terms by posting the amended terms of use on our Website, TV Box and/or Apps. By continuing to access or use our Service via the Website, TV Box or Apps, you confirm that you agree to the modified terms of use.

  18. Additional terms and conditions (applicable only to users of bundled service and bundled product)

    The definitions, terms and conditions stipulated in this Section 18 are applicable to you only if the Service is provided to you via TPS’s Service (as defined below) or if you subscribe to the Bundled Service (as defined below) and/or the Bundled Product (as defined below) via TPS (as defined below), as the case may be:-

    1. Definitions
      1. Bundled Product” shall consist of product(s) provided by a TPS and the Service provided by us.
      2. Bundled Service” shall consist of telecommunication network service(s) and/or any other services provided by TPS and the Service provided by us.
      3. Device” shall mean the equipment as provided by us and/or TPS for the provision of the Bundled Product or the Bundled Service, as the case may be.
      4. User” for the purpose of this section shall mean a user whose Service is provided via TPS’s Service or a user who subscribes to the Bundled Service or the Bundled Product, as the case may be.
      5. TPS” shall mean the third party supplier providing telecommunication network services and/or any other services or products directly to User and as stipulated in the agreement for provision of the Bundled Service or the Bundled Product, as the case may be.
      6. TPS’s Service” shall mean the telecommunication network service(s) and/or any other services provided by TPS for the provision of the Bundled Service.
      7. TPS’s Product” shall mean the product(s) provided by TPS for the provision of the Bundled Product.
    2. We do not warrant that the Bundled Service and/or the Bundled Product (including any subsequent upgrading thereof), TPS’s Service or TPS’s Product will be compatible with the Service. Where the User is an existing subscriber to TPS’s Service or the User subscribes to the Bundled Service or the Bundled Product via the TPS, as the case may be, we shall in no event owe to the User any responsibility or liability in respect of any fault or irregularities arising from the TPS, TPS’s Service or TPS’s Product.
    3. User shall only use the Device to access and/or use the Service or region(s) as stipulated in these Terms for provision of the Bundled Service or the Bundled Product, as the case may be.
    4. User shall not act in such a way that the operation or provision of the Bundled Service, the Bundled Product (as the case may be) or TPS’s Service or TPS’s Product or other lawful services or equipment (as the case may be) will be jeopardized or impaired.
    5. User shall, at all times, comply with all applicable laws and statutory regulations and all instructions and directions as given by us from time to time for the purposes of provision and use of the Bundled Service or the Bundled Product (as the case may be).
    6. User acknowledges and agrees that:-
      1. part of the Bundled Service or the Bundled Product, as the case may be, is provided by TPS and is beyond our control;
      2. we shall not be responsible or liable for any correspondences, transactions between User and TPS or TPS’s Service or TPS’s Product (as the case may be). User further acknowledges and agrees that we shall not be liable for any loss or damage (whether direct or indirect) arising from or in connection with such correspondences, transactions, TPS’s Service or TPS’s Product (as the case may be); and
      3. we shall in no event be liable for any loss or damage (whether direct or indirect) suffered by the User or any third party arising from or in connection with the provision and/or use of the Bundled Service or the Bundled Product (as the case may be).
    7. This Section 18 shall be supplemental to the above Terms, both of which will be applicable to the User. In case of inconsistencies between any provisions of the above Terms and those of this Clause, the provisions of this section shall prevail to the extent of such inconsistency.
  19. Ability to accept these Terms
    1. You affirm that you have attained the age of 18 (or the age of legal majority at your jurisdiction, if higher) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and bound by these Terms.
    2. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.
  20. Governing law and jurisdiction
    1. These Terms shall be governed by and construed in accordance with the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the courts of Hong Kong in connection with any legal action that may arise in relation to your use of our Service and/or these Terms, and that we reserve the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country or region.
    2. Nothing in these Terms, whether express or implied, is intended to or shall confer any rights, benefits, or remedies of any nature whatsoever under or by reasons of these Terms or the Contracts (Rights of Third Parties) Ordinance (Cap 623) of the laws of Hong Kong (or similar legislations in your jurisdiction) on any persons other than the parties to these Terms and their respective successors and assigns.
  21. General
    1. If any provision of these Terms becomes or is held to be illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from these Terms and shall be deemed to be deleted from these Terms and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
    2. The failure of our enforcement of any right or provision of these Terms will not be deemed a waiver of such right or provision.
    3. We may appoint agents, assign, transfer or sub-contract the whole or any part of our rights and/or obligations contained in these Terms to any person or entity at any time. You shall not assign, transfer, convey or otherwise dispose of any of your rights, obligations and/or liabilities under these Terms to any person or entity without our prior written consent.
    4. We have the sole discretion to interpret and determine these Terms.
    5. If there is any conflict between these Terms and rules and specific terms of use appearing on the Service relating to specific material then the latter shall prevail.
    6. In the event of any inconsistency between this English version of the Terms and any foreign language translation, the English version shall prevail.
  22. These Terms of Use were last updated on 16 April 2019.