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UTV Terms and Conditions
A. The Service
1. The Service is only compatible with the specified devices updated from time to time. Please refer to the announcements on utvhk.com.
2. The Service's application will be updated from time to time. To use the Service, Users may be required to update the application accordingly. China Mobile Hong Kong Co., Ltd. (“CMHK”) will not be responsible for any Users' inability to install the Service's application.
3. Certain contents and services are only available to registered Users and/or Users subscribing paid package.
B. Users' responsibilities
Users agree that they will not use the Service:
1. to carry out or allow any copyright or other intellectual property rights infringement;
2. for any illegal, improper, obscene or defamatory purposes or any other purposes which CMHK prohibits;
3. to upload or download any information, materials or files that contain software or other materials protected by intellectual property laws unless the Users' own or control those rights or have received all necessary licenses and consents to do the same;
4. to reproduce, duplicate, copy, sell, resell, post or amend any parts of the Service and content for commercial and non-personal use without CMHK's prior written permission;
5. to store, modify, amend, distribute, sell any materials of the Service and its application (including code and software) without CMHK's prior written permission;
6. to restrict or inhibit anyone from using the Service by disturbing or threatening actions and/or hacking into, altering or destroying any part of the Service by any means;
7. to upload any information, materials or files that contain viruses, corrupted files, or any other software or programs that may damage the operation of another's computer or property of another;
8. Different parts of the Service might be governed by additional terms and conditions. This T&C and the additional terms and conditions will also apply. In case of inconsistency between this T&C and the additional terms and conditions, the additional terms and conditions will prevail.
C. Account registration
1. Users may register their own account and shall ensure the truthfulness and completeness of the personal information. Users shall keep the personal data updated. Users are solely responsible for maintaining the security of the password and the use of the account.
2. The Service is for the User's own personal use only.
3. Users shall not register accounts for others without permission.
4. Users shall be fully responsible for all activities conducted through the use of the account and password. As CMHK will not be able to screen out any illegal or unauthorized use of the user account by others without that user's permission, CMHK will not assume any liability in respect thereof. And any use of the Service by any party who uses that user login will be treated as that user of that Service.
5. Upon successful registration, Users shall agree to receive promotional materials regarding the Service, other related commercial information as well as amendments of the terms of conditions to that user by CMHK through email, website or any other means.
D. UTV paid services
The below terms and conditions are only applicable to Users subscribing UTV's designated paid service package (if any):
1. Users who subscribes designated paid service package can watch designated paid TV Channels including Video On Demand (“VOD”) or live streaming during the subscription period. If Users deactivate the service package, they will no longer be able to access to those Channels but could still watch the designated free Channels.
2. By subscribing and continuing to use the Service, Users understand and agree to be bound by this T&C.
3. Value Added Service charges should be paid in advance and on monthly basis. No pro-rata charging apply if use the Service less than a month. If CMHK is not able to receive payment from Users by the means of payment method Users have selected, CMHK reserves the right to suspend the Service until the full payment is received.
4. Designated Service should be paid via iOS App Store, Google Play Store or other third-party payment agents. If CMHK is not able to receive payment from Users by the means of payment method Users have selected, CMHK reserves the right to suspend the Service until the full payment is received.
5. Mobile data usage will be deducted from Mobile Data Plan/Package or be charged when downloading UTV App or using the Service.
6. Users should check the compatibility of their device before subscribing the Service.
7. No refund nor exchange can be made once the service fees are charged by CMHK and paid by Users.
8.Users expressly understand and agree that all in-app purchase made by users for the purposes including but not limited to pay the subscription/membership fees, value added services and other services etc., are paid through a third party as payment agent. CMHK makes no representation about, and CMHK does 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. CMHK’s information suppliers or advertisers or sponsors or promotional partners) that Users may access through, or are linked to or embedded in the Service. Users agree that any use of such software, materials, applications, media platforms, devices or services will be at their own risks;
9. All designated paid TV Channels including VOD or live streaming VOD shall be viewed within the Duration Period. Users are required to exhibit/watch/view that the said designated paid TV Channels within the Duration Period. In no circumstances Users are entitled to refund on the ground that Users have not exhibited/watched/viewed that video or part of it or under any reason not attributable by CMHK.
10. Users may refuse to adopt the Service or to apply for cancellation of the subscription/membership and its related services. However, no refund of payment may be made by CMHK for any cause or reason including but not limited to the refusal to accept the Service or to cancel their subscription/membership as stated above.
11. No credit or refund is available for whatsoever reasons, including without limitation, in respect of any time when the Service or any part thereof is disrupted or suspended for maintenance or as a result of technical difficulties or a circumstance beyond our reasonable control or where the User is not able to access the Service or stream the content therein for whatever reason.
E. Disclaimer and Warranty
1. CMHK makes no warranty that:
a. the Service will meet the Users' requirements;
b. the Service will be uninterrupted, timely, secure or error-free;
c. the information that may be obtained from the use of the Service will be accurate or reliable;
d. the quality of any services, information or other material obtained by the User through the Service will meet User’s expectation; or
e. Liable to any failure or delay in accessing the Service due to the instability of the internet connection or mobile network.
2. Some contents under the Service are provided by third parties, and CMHK is not responsible or liable for their availability, quality, nature, accuracy and usefulness of the contents.
3. Users explicitly understand and agree that they shall use the Service at their own risk. The Service provided to them on an “as is” and “as available” basis and CMHK explicitly disclaims any explicit or implied warranties which include, without limitation, merchantability, fitness for a particular purpose or non-infringement of third parties’ rights. CMHK assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings or for any damage to User’s device or loss of data resulting from using the Service, including the download of any materials, data or information without limitation. Users expressly relieve CMHK from any liabilities arising from the access or use of any part of the Service. Without limiting the generality of the foregoing and to the maximum extent permitted by laws, the aggregate liabilities of CMHK to the Users which may arise out of or in connection with the Service and/or this T&C shall in no event be more than the whole payment made by the Users to CMHK (if any).
4. Users agree to undertake all risks by using the Service. CMHK is not responsible for any loss or damage caused by accessing, using, browsing the website, and/or downloading any information, data, text, images, and video or audio from the websites (including but not limited to computer or other devices’ damage or infection from virus).
5. The Service might have different contents/functions at different platforms.
6. The Service is only available for use within Hong Kong. The Service will not be accessible from overseas IP address if the streaming is blocked. If Users use the Service outside Hong Kong, any roaming data charges incurred shall be borne by the Users.
7. CMHK can change or remove any channels, contents, service package, program hours of the individual programs and CMHK will not be liable or responsible for any loss or damage incurred as a result of such change. The Users also accept and agree not to rely on any information or statement that any contents shall be available to the Users as at the date of subscription to mean that all or any part of the contents shall be available during the whole subscription period. If any part of the contents shall be unavailable during the whole subscription period, the Users shall continue to commit the minimum period of subscription (if any).
F. Advertisements and Links
1. CMHK makes no representation about and could not control the reliability of the information and links provided or embedded by the third parties such as the advertisements that might be accessed through the Service. Any transactions with any third parties via the above means are solely between that User and such third parties. CMHK shall not be liable or responsible for any loss or damage whatsoever and howsoever incurred as a result of any such transactions from the above means.
2. CMHK may use third-party companies to collect Users' information (not including the Users' name, address, email address or telephone number) to track the Users' behaviour for measuring performance of the advertising or promotions and to provide information that the Users might be interested.
G. CMHK rights and responsibilities
CMHK may with or without prior notice (in case of emergency) to Users:
1. deactivate or suspend the Service or any part thereof to carry out system maintenance, upgrading, testing and/or repairs;
2. limit or suspend Users' access to any of the Service if CMHK is of the opinion that such action is appropriate as a result of the Users' use of the Service;
3. CMHK may, upon discovery of suspected or inchoate, fraudulent, deceptive, unlawful or improper use of the Service by Users, suspend Users' access to any or all of the Service temporarily or permanently;
4. CMHK shall reserve the rights to terminate the Service or to hold the Users liable for any loss/damages incurred under the following situations:
4.1 breach or non-compliance of this T&C by the Users;
4.2 any misuse of the Service which leads to the loss of CMHK or any third parties and any other legal consequences;
5. The above shall survive the termination of the use of the Service.
H. Intellectual Property Rights
1. The Service is derived from contents belonging to CMHK and third party providers. Those materials are protected by all relevant intellectual property laws (including copyright and trade mark laws). The use of the Service by Users will have no implication that the Users are granted any intellectual property rights;
2. The names, images, logos appeared in the contents of the Service are the proprietary marks of CMHK or other third party providers respectively.
I. Interpretation and Modification of T & C
1. CMHK reserves the right to change this terms and conditions at any time and CMHK may post the changes to this T&C on CMHK or UTV website. Users’ continued use or access to the Service conclusively demonstrate their acceptance of these changes. All matters and disputes will be based on CMHK's system records and subject to CMHK's final decision.
2. Users hereby agree that CMHK has the right to prohibit account registration or cancel the account in accordance with the User who has violated this T&C.
J. Protection of personal data
1. The Users acknowledge that the personal data is given to CMHK voluntarily.
2. The Users agree that CMHK can collect data and information related to their use of the Service including but not limited to the Users' handset model and handset information, so that CMHK could provide the software updates and other related services to the Users.
3. By entering into this T&C, the Users agree and consent that the personal data so collected may or will be used by CMHK for CMHK's performance of this T&C, provision of any or all of the services related to this T&C or for promoting and marketing (including direct marketing) such goods and services as CMHK from time to time deems fit and appropriate to Users or otherwise for a purpose related thereto. If the Users do not wish to receive any such promotional or marketing materials, the Users shall advise CMHK by written notice or call CMHK's Customer Service Hotline.
4. The Users acknowledge and agree that the personal data collected may/will be disclosed only to CMHK's authorized employees, agents, business partners, contractors/sub-contractors (including but not limited to debt collection agent, financial institutions, external carriers, overseas mobile telecommunications operators or credit reference agent) who is/are engaged or appointed for the purpose of performing this T&C by CMHK.
5. Users acknowledge that CMHK, in accordance with the Personal Data (Privacy) Ordinance and/or other applicable legislations, may disclose their personal data with the Government and other organizations as required or authorized by law.
6. Users are entitled to access to their personal data held by CMHK. If User wishes to obtain a copy of any of their personal data or they believe that any of their personal data which CMHK collects and maintains is inaccurate, please write to CMHK at the address below:
Data Privacy Officer
China Mobile Hong Kong Company Limited
L20, Tower 1, Kowloon Commerce Centre, No. 51, Kwai Cheong Road, Kwai Chung, New Territories, Hong Kong
In accordance with the Personal Data (Privacy) Ordinance, CMHK has the right to charge a reasonable fee for the processing of any data access request.
K. Applicable law
The laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") shall be applicable to the resolution of disputes arising out of or in connection with this T&C. All claims shall be handled by the Hong Kong courts. Users and CMHK agree to submit to the exclusive jurisdiction of the Hong Kong courts and its rulings shall be legally binding on both parties.
L. Rights of third parties
Unless specified in this T&C, the Contract (Rights of Third Parties) Ordinance Cap 623, is not applicable to this T&C.
1. In case of any discrepancy between the Chinese and English version of this T&C, the English version shall always prevail. CMHK shall have the final decision to any dispute in all respects in relation to the Service.
2. If at any time one or more provisions is or become(s) illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the remaining provisions shall not be affected in any way. And the legality, validity or enforceability of the provisions shall not be affected under the laws of other jurisdiction.
3. Any waiver of a breach of this T&C hereunder shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this T&C.
If Users have any questions about this T&C, please contact (852)2211-7211.