Important Notice:
The following terms and conditions (including links and policies) (these “Terms and Conditions”) apply to all visitors and/or registered users who access or use the Viu service and/or any services provided on, from or through the website http://www.viu.com (the “Website”) and/or the Viu app. These services include providing access to television shows and/or other content via the Internet (hereinafter referred to as the “Viu Service”, and the Viu Service includes all associated websites, interfaces, features, functions and content). The Viu Service is provided to you by PCCW OTT (Hong Kong) Limited. Under these Terms and Conditions, “we", “our” and "us" mean PCCW OTT (Hong Kong) Limited and/or its affiliates in relation to the provision of the Viu Service.
By accessing and/or using the Website, the Viu app and the Viu Service, you agree to be bound by these Terms and Conditions, as updated from time to time and as set out at https://www.viu.com/ott/hk/en-us/copyright-statement/terms-and-conditions. Please read these Terms and Conditions as they contain important information about the Viu Service provided to you and any charges, and fees we charge you.
1. The Viu Service
1.1 The accessibility of the Viu Service through different devices depends, amongst other things, on the operating systems and/or browsers installed on your device(s).
1.2 We provide both Viu Free Service (as defined below) and Viu Paid Service (as defined below), respectively. While we do provide some of the Viu Service to users free of charge (“Viu Free Service"), certain content, features, services and/or video resolution may only be available to users subscribing to our paid service, Viu Premium, upon payment of the applicable subscription fee. Viu Premium shall be referred to hereinafter as “Viu Paid Service”. For more details about our Viu Free Service and Viu Paid Service, respectively, please visit https://www.viu.com/ott/prem/.
1.3 The Viu Free Service can be accessed in any territory where we offer such free service. Viu Paid Service is restricted for use and access only in the territory where you have subscribed for Viu Paid Service.
1.4 Using the Viu Service through a mobile network may result in mobile data charges. Please contact your mobile data service provider for more information.
2. Free Trials
2.1 We (or others on our behalf) may offer trial subscriptions of Viu Paid Service for a specified period for free (a “Free Trial”). If you are eligible for a Free Trial, you will be notified when you sign up to Viu Paid Service. We reserve the right to determine your eligibility for a Free Trial and to withdraw or to modify the terms or availability of a Free Trial at any time at our sole and absolute discretion without prior notice to you and with no liability whatsoever.
2.2 Your Viu Paid Service may start with a Free Trial for the period specified at the time of subscription. A Free Trial is only available once to each new user who has not previously subscribed to any Viu Paid Service.
2.3 In order to enjoy the Free Trial, you must subscribe to Viu Paid Service directly on the Viu app or on Viu.com and provide your valid payment details to one of our authorised third party payment gateways (“Payment Gateway(s)”), including but not limited to App Store, Google Play and Adyen N.V. and/or its affiliates (collectively, “Adyen”). Adyen is Viu’s authorized direct credit card and debit card payment gateway. See Clauses 3 and 8 for more information concerning the payment details that you provide to a Payment Gateway, if any.
2.4 Unless otherwise specified at the time of subscription, if you do not cancel your Viu Paid Service subscription at least twenty-four (24) hours before the day your Free Trial ends, we will automatically charge you the full applicable subscription fee, as the case may be in accordance with the subscription plan that you selected (“your subscription plan”), for the Viu Paid Service for the period starting on the first day after the end of your Free Trial, and for the subsequent periods on the applicable recurring basis (the “Applicable Billing Date”), subject to Clause 3 below. If your Viu Paid Service subscription begins on a day not contained in any subsequent month(s), we may change the Applicable Billing Date(s) to such day(s) as we deem appropriate (for example: if you subscribed on the 31st day of December, we may bill you on the 31th of January and the 28th or 29th of February, as applicable). By providing your payment details, you consent to being charged on the applicable recurring basis using these payment details until you cancel your Viu Paid Service subscription.
3. Billing
3.1 Unless otherwise notified to you or unless you take the steps to cancel your subscription in accordance with Clause 5 below, your subscription plan(s) will automatically renew on a recurring basis and the subscription fee will be charged on the Applicable Billing Date(s) (as defined in Clause 2.4 above) once your Viu Paid Service subscription starts. The length of the billing cycle will depend on your account’s existing subscription and the Applicable Billing Date may vary depending on your selected Payment Gateway. Unless otherwise notified to you (for example, pursuant to Clause 6.1.4), the subscription fee will correspond to your subscription plan. .
3.1.1 If you choose App Store or Google Play as your Payment Gateway, you will be billed through your Apple ID or Google account (as applicable) the applicable subscription fee on a recurring basis and in accordance with the relevant billing mechanisms of App Store or Google Play. You shall also be deemed to have understood and agreed to the terms and conditions which may apply to you accordingly. You are therefore advised to refer to the respective terms and conditions before payment details are provided to such third parties and confirmed thereafter. In this regard, we shall not be responsible for the information shared with such third parties and will not be held liable for any damages, loss and/or expenses that you may face by doing so.
3.1.2 If you choose direct credit card or debit card payment through Adyen (“Direct Payment”), you will be directly billed on your credit card or debit card the applicable subscription fee on a recurring basis and in accordance with the relevant billing mechanism of Adyen. As such you acknowledge, understand and agree that your credit card or debit card information and the relevant billing process is handled by Adyen.
3.1.3 If you choose to pay for your Viu Paid Service subscription through any other of our authorised third parties (other than those specified in Clause 3.1.1 and 3.1.2), you should refer to your billing account terms with the relevant third party.
3.1.4 For your chosen payment method (see Clauses 3.1.1 to 3.1.3 above), you shall also be deemed to have understood and agreed to the terms and conditions of the Payment Gateway(s) (as applicable). You are advised to refer to the relevant terms and conditions before payment details are provided to such Payment Gateway(s). We shall not be responsible for the information shared with such Payment Gateway(s) and will not be held liable for any damages, loss and/or expenses that you may suffer by doing so.
3.2 If payment is not successfully settled for any reason, we reserve the right to suspend your access to the Viu Paid Service until we successfully receive payment and we may change the Applicable Billing Date to such day as we deem appropriate. You authorise us to continue billing on the basis of your given payment details and you remain responsible for any unsettled amount.
3.3 All subscription fees are payable in advance and, to the extent permissible by law, we will not refund any subscription fees that you have already paid, and we will also not refund you for partial time periods or unused portions of your subscriptions.
4. Redemption Codes
4.1 If you receive from us, or from an agent or representative authorised by us, a redemption code, you can use it to upgrade your Viu Free Service subscription to Viu Paid Service subscription within the redemption period as stated with the redemption code or otherwise communicated to you (whichever is earlier). Redemption codes not utilised within the validity period shall expire without notice. No reminders shall be issued in this regard.
4.2 All redemption codes and redemptions are subject to the following conditions, restrictions and limitations (if any):
4.2.1 Redemption codes cannot be exchanged for cash, credit or any other goods and/or services;
4.2.2 Redemption codes are issued for one-time use only and shall automatically become invalid upon the successful upgrading of the subscriber to Viu Paid Service subscription;
4.2.3 Subscribers can utilise all valid redemption codes for unlimited free upgrades to Viu Paid Service subscription and for extensions of the relevant Viu Paid Service subscription , provided that the maximum period of redemptions, upgrades and extensions, does not exceed a total period of three hundred and sixty (360) consecutive days of Viu Paid Service subscription. Any additional period will not be accepted;
4.2.4 Redemptions codes cannot be re-sold, exchanged or traded for cash, or for services or for any other consideration with any other party or third party.
4.2.5 Unless otherwise stated in the terms and conditions accompanying a redemption code or in other applicable terms and conditions, free upgrades to Viu Paid Service subscription cannot be used by existing (paid) Viu Paid Service subscribers (including but not limited to subscribers who are applying for Viu Paid Service subscriptions through our company or through third party).
4.2.6 We reserve the right to cancel or withdraw the validity and use of redemption codes without notice for any of the following reasons:
(i) fraud (actual or attempted);
(ii) improper use;
(iii) breach of the conditions and restrictions governing the use of redemption codes and/or redemptions; and/or
(iv) to reasonably safeguard or protect our interests.
4.2.7 We reserve all rights to decide on any matter in relation to the use of redemptions, redemption codes and free upgrades. In this respect, any and all of our decisions are final.
4.3 In the event of any conflict between terms listed above in Clause 4.2 and the terms and conditions accompanying any redemption codes, the terms listed above in Clause 4.2 shall take precedence.
4.4 For the avoidance of doubt, your use of any redemption code or free upgrade constitutes your acceptance of the governing terms, conditions, limitations and restrictions listed herein.
5. Cancellation for your Viu Paid Service subscription
5.1 Unless otherwise specified during the time of subscription, you can cancel your Viu Paid Service subscription at any time, and your subscription will continue through to the calendar day before your next Applicable Billing Date.
5.2 To cancel:
5.2.1 if you have been paying for Viu Paid Service subscription by Direct Payment (and for the avoidance of doubt, as opposed to the other third-party gateways as described in Clause 5.2.2 ), you should go to the "My Profile" page and follow the instructions for cancellation, provided that you do so at least twenty-four (24) hours before the next Applicable Billing Date. If you cancel your Viu Paid Service subscription, your access to the Viu Paid Service will automatically be suspended at the end of your then-current billing period. To check the expiry date of your Viu Paid Service subscription, please visit the "My Profile" page.
5.2.2 if you have been paying for Viu Paid Service subscription by App Store or Google Play, you need to do so through the your chosen third party payment gateway, provided that you do so at least twenty-four (24) hours before the next Applicable Billing Date), for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from your Viu Paid Service through that third party. You may also find billing information about your Viu Paid Service subscription by visiting your account with the applicable third party. Apple App Store and Google Play users may visit the respective web pages set out below for further details.
App Store: https://support.apple.com/en-hk/HT202039
Google Play: https://support.google.com/googleplay/answer/7018481?co=GENIE.Platform%3DAndroid&hl=en&oco=1
6. Our Rights and Responsibilities
6.1 We may:
6.1.1 deactivate the Viu Service at any time without notice to carry out system maintenance, upgrading, testing and/or repairs;
6.1.2 limit or suspend your access to the Viu Service without notice, where we are of the opinion that such action is appropriate as a result of your use of the Viu Service or in the event that you breach any of these Terms and Conditions;
6.1.3 expand, reduce, withdraw and/or modify any part of the Viu Service and/or any Content (meaning any content made available or appearing in the Viu Service including but not limited to any data, information, images, graphics, video and/or audio content, applications, subtitles, downloadable files or other multimedia content that can be accessed through or on the Viu Service), remove, disable and/or suspend transmission or streaming of the Viu Service or Content which we consider in our sole opinion, breaches any applicable law, regulation or regulatory directive or to be otherwise unacceptable; and
6.1.4 change our plans and the subscription fee of Viu Paid Service from time to time, provided that the change will become effective only at the end of the then-current billing cycle of your subscription. Unless otherwise required by law, we will provide you with reasonable prior notice of any significant change in our plans or the subscription fee to give you an opportunity to cancel your subscription before such change takes effect on your subscription.
7. Your Responsibilities
7.1 You:
7.1.1 have to be aged 18 or above to access or use the Viu Service and/or Content;
7.1.2 are only authorised to use the Viu Service and view the Content for your own personal and non-commercial use in accordance with these Terms and Conditions;
7.1.3 will be strictly and solely responsible for your own use of the Viu Service and the Content and any use of the Viu Service by any party who uses your login details will be treated by us as use by you;
7.1.4 must not, and must not permit any other person, to sell, reproduce, copy, distribute, publish, modify, and/or prepare derivative works based on the Content and/or the Viu Service;
7.1.5 agree that the Viu Service and Content are only for your private viewing and access and shall not yourself, or permit any other person to, show, play, use, access or view the Viu Service and/or Content for any public or commercial purposes unless with our prior written consent;
7.1.6 without limiting sub-clause 7.1.5, shall not charge for use or access to the Viu Service or any Content or for access to any premises where the Viu Service or Content are viewed;
7.1.7 will abide by all relevant applicable laws and any operating and/or usage rules, as amended from time to time;
7.1.8 as a registered user, in order to apply and/or use the Viu Service, must provide a valid login e-mail address and password or Facebook login details ;
7.1.9 will maintain and promptly update any personal data submitted to us and keep it true, accurate, current and complete;
7.1.10 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 Viu Service and/or Content; and refuse any and all current or future use of the Viu Service and/or Content;
7.1.11 will report any violation of these Terms and Conditions to our customer service team via the Website; and
7.1.12 as a registered user, shall safeguard your login details and password(s) and ensure that they are not disclosed or provided to any other person.
7.2 You agree not to:
7.2.1 restrict or inhibit any other persons from using the Viu Service, including, without limitation, by means of "hacking" or defacing any portion of the Viu Service and/or the Website;
7.2.2 access or use the Viu Service, the Website, the Content or the Software (as defined in Clause 10.1) for any unlawful purpose or any purpose not expressly authorised by these Terms and Conditions;
7.2.3 modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, any of the Software and/or any Content;
7.2.4 remove any copyright, trade mark, or other proprietary rights notices contained in the Viu Service and/or the Content;
7.2.5 copy and/or frame any part of the Viu Service or the Content without our prior written authorisation;
7.2.6 use any robot, spider, site search or 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 Viu Service and/or the Content;
7.2.7 collect any personal data of any users of the Viu service;
7.2.8 hack, break into, or attempt to hack or break into, in any manner the Viu Service, the Software, the Website, and/or any data areas on our server(s) or that of any third parties;
7.2.9 download, copy, store, rip, distribute, share or re-direct any Content from the Viu Service in any way or through any media;
7.2.10 disclose your login details and password or permit other persons to use your login details and password to access the Viu Service and/or any Content;
7.2.11 incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
7.2.12 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Viu Service;
7.2.13 issue, create or sponsor any financial instruments or investment products where the price, return and/or performance of such instrument or product is based on or related to any financial index or information in the Content; and
7.2.14 interfere with or disrupt the Viu Service or servers or networks connected to the Viu Service.
7.3 Our authorisation for you to access and receive the Viu Service and the Content is conditional upon your strict compliance with each of these Terms and Conditions.
8. Personal Data and Information
8.1 We collect, process, disclose, retain or use your Personal Data in accordance with the PCCW Group Privacy Statement which is published on www.pccw.com/legal/privacy.html. Please read the PCCW Group Privacy Statement carefully as it provides information about how we use, share, store and process your Personal Data. By accessing and receiving the Viu Service and the Content and accepting these Terms and Conditions, you consent to us processing such information in this way.
8.2 If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may not be able to provide you with the Viu Service and/or any Content if the Personal Data that you refuse to provide are necessary for our provision of the Viu Service and/or the Content.
8.3 If you register for the Viu Service through your social media account (such as Facebook), your name, username, gender, age, networks, language and region under your public profile of your Facebook account will also be collected and used by us in accordance with these Terms and Conditions, and such use includes, amongst others, providing the Viu Service, setting your customized contents and sending promotional information regarding Viu, our other media entertainment services or other products and services.
8.4 If you register for the Viu Service with your email address, we may also use this email address to send promotional information regarding our Viu Service or our other media entertainment services, unless you have otherwise indicated during your registration. If you have initially consented to receiving our emails containing promotional information, but no longer wish to receive such emails, you may also submit an unsubscribe request using the unsubscribe facility (which includes, but is not limited to, an email address) provided at the end of our emails containing such promotional information.
8.5 You will provide us with the information relating to you or your use of the Viu Service as we reasonably require:
8.5.1 to help us in complying with applicable laws and to report to any government or regulatory agency regarding such compliance; and
8.5.2 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.
8.6 Without affecting the generality of Clause 8.6:
8.6.1 If you choose App Store or Google Play as your Payment Gateway, payment details that you provide to App Store and Google Play are collected solely by the relevant Payment Gateway that you choose, and we do not collect, receive or see any of such data.
8.6.2 If you choose Direct Payment as your payment method, you will be redirected from the Website to a website hosted by Adyen, where all payment details (including but not limited to the full set of your credit card/debit numbers, as well as the CVV/CVC code and expiry date of your credit card or debit card) that you submit will be collected by Adyen for and on behalf of us. Adyen is obligated under an agreement with Viu to process your credit card or debit card information for the strict purpose of processing your payment instruction and not otherwise.
8.6.3 We or our data processor may transfer your personal data to a third party service provider engaged by us who is located outside of the Special Administrative Region of Hong Kong (“Hong Kong“) You acknowledge and consent to the transfer of your personal data to such third party service providers. We will carry out any such transfer and/or processing of your personal data outside of Hong Kong in accordance with applicable personal data protection laws and, in this connection, will ensure that the third party service provider has in place data protection measures and policies that are no less stringent than those we apply ourselves to your personal data.
9. Acknowledgments
9.1 You acknowledge that:
9.1.1 we do not exercise any editorial control over certain Content and do not make any claims as to the truth in such Content;
9.1.2 certain programs and other Content on the Viu Service are provided by third party providers, not by us and therefore the availability of Content and programs are outside our control;
9.1.3 we make no representation, promise, warranty, undertaking or guarantee as to the quality, resolution, completeness, accuracy, usefulness, continuity, smoothness or timeliness of any particular Content;
9.1.4 we can vary, replace or withdraw any content, channels and programs (whether advertised or not) on the Viu Service;
9.1.5 we can change or reduce the number of hours of broadcast of any channel or any program on the Viu Service;
9.1.6 the Content solely expresses the view of the speaker of the Content, and not our views or any entity associated with us;
9.1.7 we disclaim all liability for any of the Content carried on the Viu Service;
9.1.8 your use of third party web pages linked to the Viu 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 web page or website in addition to these Terms and Conditions and will prevail over these Terms and Conditions to the extent of any inconsistency;
9.1.9 nothing you do on or in relation to the Viu Service and/or the Content will transfer any intellectual property rights to you or license you to exercise any intellectual property rights;
9.1.10 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 using your login details and password;
9.1.11 parts of the Viu Service and the 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;
9.1.12 unless explicitly stated otherwise, any new features that augment or enhance the Viu Service shall be subject to these Terms and Conditions;
9.1.13 we may at any time employ and/or install software in any device(s) used by you, for purposes of detecting any downloading, copying, storing, ripping, distribution, sharing or re-direction of any Content from the Viu Service in any way or through any media; and
9.1.14 the provision of the Viu Service and availability of certain features and services is contingent upon the service capacity allocated by us (including but not limited to streaming capacity) for the Viu Service, the reliability, speed and stability of your Internet connection and bandwidth, as well as the specifications and performance of your devices or the respective software used, all of which are out of our control. We will not be liable to you or any other third parties (including users of the Viu Service (whether authorised or not)) for any failure or delay in accessing the Viu Service or any parts, features and/or content thereof (whether due to the lack of streaming capacity or otherwise) and/or the consequences or effects on your Internet connection, their speed and/or bandwidth that may be caused by the Viu Service.
9.2 You may access the public posts of the social media profile (such as Facebook pages) of others through specified features within the Viu Service. You acknowledge that we do not own, are not responsible for nor have any responsibilities to any of the posts and/or comments made by other third parties to the Facebook pages linked through the Viu Service, and that by linking to these Facebook pages does not mean we endorse in any way the contents of such posts in the relevant Facebook pages. For the avoidance of doubt, Facebook, the “Like” button, the “Share” button, the “f” logo are all trade marks, and/or trade names and properties of Facebook.
10. Software Licenses
10.1 You may from time to time be requested by us, to download software, applications and/or programs from the Viu Service ("Software") and we hereby grant to you a non-exclusive and non-transferable license for you to store, run and use the Software on your devices in accordance with these Terms and Conditions and any software license which accompanies the Software but not further or otherwise.
10.2 You agree to download and install the Software in such personal devices to be used by you for accessing and/or installing the Viu Service.
10.3 You acknowledge that we may refuse to provide the Viu Service to you in the event you fail to successfully download and install the Software.
11. Links and Advertisements
11.1 We have no control over any third party web sites linked to the Viu 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 Viu Service (including without limitation sites linked through advertisements). Some links which appear on the Viu Service and/or the Website 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 Viu Service and/or the Website 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 Viu Service and/or the Website.
11.2 We may use third-party advertising companies including but not limited to Doubleclick, Oracle, Integral Ad Science, Lotame and Nielsen to track and/or measure advertising effectiveness and/or enhance our user experiences on the Viu Service, the Website and other web sites. These companies may use certain information (such as anonymized Device IDs, IP addresses, but not including your name, address, email address or telephone number) about your visits to the Viu Service, the Website and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
11.3 We collect and use the content and public information you provide to other websites, including but not limited to your public profile in your social media account (such as Facebook account, if you use Viu Service through your Facebook account login), in order to provide Viu Service and advertisements about goods and services of interest to you.
12. Indemnities
12.1 You agree to indemnify us, our employees, our content providers, sub-contractors, licensors and/or agents against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by us arising from or which is related to:
12.1.1 your use or others use of the Viu Service, the Software, the Website and/or the Content through your devices and/or registered account; and
12.1.2 any breach or non-observance of any of these Terms and Conditions by you.
12.2 Clause 12 shall survive the termination of your agreement with us for the Viu Service and/or Content.
13. General Warranties & Liabilities
13.1 You agree that the Viu Service is provided “as is” and without express or implied warranty or condition of any kind. 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, quality, fitness for a particular purpose, merchantability, accuracy, completeness, or standard of quality and resolution, transmitting continuity and timeliness of the Viu Service, the Software and/or any Content, that the Viu Service will be uninterrupted, no delay 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 Viu Service and/or any Content unless otherwise specifically mentioned in these Terms and Conditions.
13.2 We disclaim any representation or warranty that the Viu service will meet your requirements; and/or that your access to and use of the Viu service will be uninterrupted, no delay or error-free, free of viruses, malicious code or other harmful components or otherwise secure.
13.3 To the fullest extent permissible by law, we expressly disclaim any liability for:
13.3.1 any damage to or loss of data suffered by you arising from your use of the Viu Service, the Software and/or any Content;
13.3.2 any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not;
13.3.3 any claim relating to any part of the Viu Service or any Content supplied, provided, sold or made available by or through the Viu Service (or any failure or delay to so supply, provide, sell or make available);
13.3.4 any disruption, suspension, delay or failure of the Viu Service or any part thereof which is attributable to an event or circumstance beyond our reasonable control; and
13.3.5 any infringement of intellectual property rights arising from your use of the Viu Service, the Software and/or any Content.
13.4 To the fullest extent permissible by law, we will under no circumstances, pay more than Hong Kong One Hundred Dollars (HK$100) in compensation (even if we have been negligent) for any liabilities under these Terms and Conditions for the Viu Service, Content, Software and any other goods we supplied or provided.
13.5 Clause 13 shall survive the termination of your agreement with us for the Viu Service.
14. Termination
14.1 We may cease providing the Viu Service and/or any Content to you at any time without any notice to you.
14.2 For serious misuse of the Viu Service, we may suspend or end your access to the Viu Service immediately, and if you breach these Terms and Conditions, we may suspend or restrict your access to the Viu Service without prior notice.
14.3 We may also suspend or restrict your access to the Content and/or the Viu 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 Viu Service, we will tell you what needs to be done before we can restore the Viu Service.
15. Effect of Termination
15.1 Upon termination of your access to the Viu Service, all licenses, 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.
16. Our Other Rights to Suspend or End Your Access to the Viu Service
16.1 We can limit, suspend, end or restrict your access to the Viu Service, without giving you advance notice (provided that it is reasonably practicable to do so) if:
16.1.1 the law requires us to do so;
16.1.2 there is an emergency that affects our ability to provide the Viu Service or Content;
16.1.3 the Viu Service or any Content is withdrawn from distribution through the Viu Service for whatever reason;
16.1.4 we no longer hold the right to distribute the Viu service or any particular Content on the Viu Service;
16.1.5 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 transmission of the Viu Service and/or Content; or
16.1.6 the Viu 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.
17. Unauthorised Access
17.1 Unauthorised access to the Viu Service and/or any Content is a breach of these Terms and Conditions and a violation of the law. Where certain Content is restricted to registered users/selected registered users, you agree not to access such Content by any means other than providing us your login details and password. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Viu Service, the Content or the Website except those automated means for which we have given prior written approval.
18. Changes to Terms and Conditions
18.1 Sometimes, we will need to unilaterally change the terms and conditions of the Viu Service. We will publish details of all changes on the Website as soon as practicable.
19. Miscellaneous
19.1 You accept that the agreement between you and us for the Viu Service and the Content is personal to you and agree not to transfer it to anyone else, or to try to do so without our prior written consent. However, we may take instructions from a person who we think, with good reason, is acting with your permission.
19.2 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.
19.3 When we need to contact you, we will use your e-mail address and/or telephone number that you have provided us for contacting you. If you need to contact us, please use the correspondence address, e-mail address and/or telephone number on the Viu Website, which we have given to you for that purpose.
19.4 The notice or communication sent by us shall be treated as received by you: immediately upon sending the email, if sent by email.
20. Governing Law
These Terms and Conditions are governed by the laws of Hong Kong and you agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
21. Language
Should there be any inconsistencies between the English version and any other language versions (if any) of these Terms and Conditions, the English version shall prevail.
22. Severability
If any provisions of these Terms and Conditions shall be construed to be illegal, invalid or unenforceable for any reason, such provisions shall not affect the legality, validity or enforceability of the other provisions of these Terms and Conditions. The illegal, invalid or unenforceable provision shall be amended to the extent necessary to make them legal, valid or enforceable or, if not possible to do so, deleted from these Terms and Conditions, but all other provisions of these Terms and Conditions shall continue in full force and effect.
Updated as of 19th August 2020
© 2020 PCCW OTT (Hong Kong) Limited. All Rights Reserved.
