Please read the following terms and conditions (“TOS”) carefully before downloading, installing, accessing or using any part of materials contained on  https://www.mytvsuper.com (“our Site”) and/or other media platforms, software, programs and/or applications (collectively “Software”) which are derived in whole or in part by MyTV Super Limited (“we”, “us”, or “our”). This TOS, our Personal Information Collection Statement  [https://www.mytvsuper.com/en/pics] (for users outside the European Union / United Kingdom) / Privacy Policy   [https://www.mytvsuper.com/en/eu_privacy_full] (for the European Union / United Kingdom users) , and the provisions of the application and registration form(s) (collectively “Registration Form”) constitute the agreement between you and us (“Agreement”) governing your access to and use of myTV SUPER Basic Service and myTV SUPER Premium Service (collectively “Service”) and those other services provided by us via our Site and/or Software. By (a) clicking “I AGREE” at the end of this TOS, (b) registering as a user of the Service; (c) installing, accessing or using any part of the Service and/or the Software, or (d) opening the package of the Equipment (as defined in section 5.1), you declare that you have read this TOS, that you understand it and its terms and conditions, and that you agree to be bound legally by it and its terms and conditions. If you do not agree to this TOS, do not use the Service and/or the Software or open the package of the Equipment (as the case may be). You should promptly contact us for instructions on the return of the unused Equipment with its original package unopened in new condition. Additionally, our loyalty program, myTV SUPER Club, is also subject to this TOS in addition to the Terms and Conditions of myTV SUPER Club https://www.mytvsuper.com/tc/club_tnc  (myTV SUPER Club T&C). In case of any conflicts, discrepancies, inconsistencies, or differences between provisions in this TOS, our Personal Information Collection Statement and the myTV SUPER Club T&C, the myTV SUPER Club T&C prevail only in relation to rewards eligibility and redemption requirements for myTV SUPER Club. The provisions of this TOS and our Personal Information Collection Statement prevail and govern all other aspects and circumstances of myTV SUPER Club, including intellectual property rights, data privacy, disclaimers, limitation of liability, indemnity, and other related or general/miscellaneous issues.
 

We reserve our right to modify any part of this TOS at any time by posting the modified version on our Site. Unless as otherwise stated below, all modifications shall automatically be effective upon posting on our Site and shall supersede any previous versions of this TOS. You agree to review this TOS on our Site regularly to ensure that you are aware of any modifications. See Section 20.

1. Service
1.1 The Service permits you to access to and/or view digital content (“Content”), including but not limited to channels, programmes, still picture, voice, moving images, whether animated or otherwise, video, text, articles, editorial works, data, information and/or other materials or goods that can be accessed through or on our Site and/or the Software, in compliance with the terms and conditions set forth in this TOS.
2. Requirements for Use of the Service

2.1

 

The Service generally requires access and use by TVB Member ID. Please refer to the TVB Member General Terms and Conditions at https://www.tvb.com/terms/en_tvb_member_terms. However, if you have not yet successfully registered as a TVB Member, we will provide you with a set of Customer ID and account password for your access and/or use of the Service that requires login for the time being. When you start login the Service by your TVB Member ID, the Customer ID and account password previously assigned to you will automatically become null.

2.2

You must be of 18 years of age or over to apply and register for the Service. Individuals under the age of 18 may utilize the Service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to this TOS.

2.3

Unless with our prior written permission, the Service is available to you only in Hong Kong or Macau, as the case may be. You agree not to use or attempt to use the Service in other locations not specified in the service agreement entered into between us and you for the subscription to the Service (“Service Agreement”). . We may collect your IP address to confirm your geographical location.
2.4 Use of the Service requires compatible devices, Internet access, and periodic updates (fees imposed by third parties may apply). The latest version of the Software is recommended and may be required to access the Service for certain features or transactions. You acknowledge that you are responsible to obtain and maintain at your own expense all equipment, systems or software, and services needed to access the Service. You shall bear any communication or data transmission charges incurred by accessing to the Service and updating the Software through a third party network.
2.5 Use of the Service may affect your enjoyment and/or the operation of the broadband or wireless services provided by the third party network and we shall not in any event be liable in respect thereof.
2.6 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 to or using the Service.
3. Registration and Activation
3.1 Before you can access and/or use the Service that requires login, you must complete the user application and registration process by providing us with current, complete and accurate information as required on the Registration Form. If you subscribe for the Service through one of our internet service provider ("ISP") partners, the registration process will be completed by our ISP partners.
3.2 You agree to maintain and promptly update the said information to keep it current, complete and accurate. The information you provide to us on the Registration Form will be dealt with in accordance with our Privacy Policy [https://www.mytvsuper.com/en/eu_privacy_full] (for the European Union users) and Personal Information Collection Statement (for non-European Union users) [https://www.mytvsuper.com/en/pics].
3.3 We may at times undertake checks to ensure the accuracy of the information you have provided to us including contacting you.
3.4 We reserve the right not to accept your registration in our sole discretion without specifying reasons.
3.5 After the registration process is completed, you should activate the Service by your TVB Member ID. However, if you have not yet successfully registered as a TVB Member, we will provide you with a set of Customer ID and account password to activate the Service. However, when you start login the Service by your TVB Member ID, the Customer ID and account password previously assigned to you will automatically become null. 
3.6 You are required to activate the Service immediately after you are provided with the Customer ID and account password.
3.7 As your TVB Member ID, Customer ID and account password are the means by which we identify you and by which you access the Service and make transactions with us, you must keep them secure. For security reasons, we strongly recommend you to change your account password after the Service is activated and on a regular basis. All transactions done using your TVB Member ID,  Customer ID and account password (whether the account password is 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 TVB Member ID, Customer ID and account password.
3.8 Please note that there may be some Content which is not suitable for viewing or which must not be subscribed by or made accessible to 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 TVB Member ID, Customer ID and account password. We will not be in any way responsible for any use of your TVB Member ID, Customer ID and account password to access to, subscribe for and viewing of any of the Content (whether the account password is used by you or other person, authorized or not).
3.9 In the event that there is suspicious of the use of the TVB Member ID, Customer ID and/or account password by unauthorized persons, you shall notify us immediately.  
4. Payment of Fees
4.1 If you subscribe for the Service, you agree to pay us fees, including subscription fees, Equipment rental fee, usage fees, service fees, handling fees and any other relevant fees and charges incurred from time to time which are related to the use of the Service (collectively "Fees"), whether or not you are the actual user. If the Service was subscribed through one of our ISP partners, the Fees for the Service will be charged via our ISP partners under a separate arrangement, unless the scope of the Service is subsequently modified. In such cases, we or our ISP partners will notify you directly at the time of any changes to the payment arrangements.
4.2 All Fees 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 bank charges, good and services tax, government taxes (excluding our income taxes) and duties arising from the provision of the Service. You may settle the Fees by credit cards approved by us such as MasterCard and VISA, or E-Wallet such as UnionPay and AlipayHK. We usually do not accept cash for settlement of Fees, except when expressly permitted by us.
4.3 We will issue invoices to you regarding your use of the Service at such regular intervals as we deem fit. Unless we agree in writing otherwise, invoices will be sent to your registered email address. You can check your purchase details of the Service by visiting our Site.
4.4 The Fees will be calculated by reference to data recorded or logged by us or our corresponding business partners and not by reference to any data recorded or logged by you. Records held and logging procedures adopted by us will be conclusive evidence of your usage of the Service and the Fees payable by you.
4.5 Unless otherwise specified, all currency references are in Hong Kong dollars and the date-and-time we refer to the Service is Hong Kong Time Zone.
4.6 Where you have specified any part or all of the Fees to be charged to your credit card ("Billing Account"), you warrant that you are the credit card holder and you hereby authorize us to charge your Billing Account the full amount of such Fees automatically at any time or interval as determined by us as appropriate. For the avoidance of doubt, by authorizing us to charge your credit card for the Fees, you are authorizing us to automatically continue charging that card (or any replacement card if the original is renewed, lost, stolen or changed for any reason by the card issuer, and the issuer informs us of the new replacement card account) for any Fees associated with your subscription or use of the Service. If payment is not received by us from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us.
4.7 Where the Fees payable is of a recurrent nature (e.g. monthly subscription fees), unless you give us at least thirty (30) days’ advance written notice to terminate your subscription to the Service, your subscription will be automatically renewed for another recurring period. See Section 8.2. We will charge your Billing Account the then-current Fees for the Service. If you have subscribed for the Service through one of our ISP partners, you are required to provide the above-mentioned advance written notice to terminate your subscription to the Service through the ISP partner.
4.8 Where we accept any plan settled by you in cash or E-Wallet, in addition to the recurring monthly subscription fee, you shall pay us a Deposit in an amount prescribed by us from time to time as security for your due payment hereunder. We shall be entitled to apply the Deposit in whole or any part thereof to set off against or deduct any amount due by you to us. The Deposit or (as the case may be) any balance thereof after the aforesaid deduction will be refunded to you by us without interest upon termination of this Agreement and myTV SUPER service and (if applicable) your return of the Loaned Equipment to us; OR when your payment method is changed to one without deposit requirement. The Deposit does not relieve you from your obligations of payment to us as they become due and payable, nor does it enable you to make allowance by way of set off, deduction or withholding from any such amount. The Deposit paid by you will not prejudice our rights to suspend, cancel or terminate this Agreement for non-payment.
4.9 We have the right, at any time and in our sole discretion, to accept or reject the payment method selected by you. If no effective payment method is in place (e.g. the information provided by you or the cardholder is inaccurate or outdated) or we suspect, in our reasonable opinion, that you make unusual purchases, your access to the Service may be suspended; such access will only be restored upon full settlement of all accrued charges by the payment method accepted by us. We shall not extend the service period or compensate for such suspension.
4.10 Any disputes regarding Fees listed on the invoice must be raised within thirty (30) days of the invoice date notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the bank.
4.11 If you have more than one Billing Account with us or you have Billing Accounts with other member companies of TVB Group, you agree that we may transfer any amount from any of your Billing Accounts so as to settle any outstanding amount due to us and/or other member companies of TVB Group, whether or not these accounts have been terminated or suspended.
4.12 Save and except Section 14.3(a), no refund or offset of the Fees will be provided by us if you cancel any part of or the whole of your existing plan of the Service once your purchase is accepted by us.
4.13 We may offer you certain free trials or discounted price for certain plans you have subscribed or for other plans you have not subscribed from time to time in our sole discretion as our special reward for you. Such promotional offer terms will be sent to your email. 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 plans ends, we may start billing you for the standard Fees corresponding to such plans.
4.14 If you incur services provided by third party through the use of the Service and we have to pay for such services, you shall reimburse to us the money we have paid to such third party.
4.15 We may 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 the Agreement.
4.16 Without affecting or prejudicing our any other rights for compensation or claim against you as a result of your breach under the Agreement, we have the right to request you payment of the following if you have breached Sections 10.2(d) or 10.2(e) of the Agreement when making use of the Service or the Content:
(a) Standard Fees charged to commercial users of the Service or the Content; and
(b) Any administrative or service charges.
Calculation of the above payment will commence at the time of the breach occurs or when you access the Service (as the case may be) until the relevant breach ceases.
5. Accessing the Service
5.1 After registration for and activating the Service, you may access the Content provided under your Service Plan via a device (“Main Device”) on which you register for the Service, that is (a) a television connected with the Equipment; or (b) a personal computer through our Site; or (c) a compatible mobile device that is installed with the Software, in accordance with this TOS depending on the Service Plan that you subscribe. “Equipment” means a designated device pre-installed with the Software provided by us, and its associated cabling and remote control handset.
5.2 You shall only access the Service and/or the Content via the Main Device, failing which, we shall have the right to cease the Service without notice. Under such circumstances, the Fees shall remain payable by you and you shall not be entitled to any refund, offset, rebate or compensation for any monies already paid under the Agreement.
5.3 We may, subject to payment of charges which we may at our discretion impose, grant you access to the Service with a registered mobile device in accordance with the terms and conditions as may be prescribed by us from time to time.
5.4 We do not warrant that the Equipment and/or Software 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. Equipment
6.1 Depending on the Service Plan that you have chosen, you may be provided with the Equipment pursuant to either of the following schemes:
(a) “Purchase Scheme” - a scheme under which (i) ownership in the Equipment shall pass to you upon our receipt from you a one-off payment of the sum prescribed by us from time to time for the purchase of the Equipment and the Fees for the use of and/or access to the Service within a fixed term period (“Purchase Price”) as may be specified in the Service Agreement; and (ii) notwithstanding that the risk in the Equipment purchased under the Purchase Scheme shall pass to you upon collection or delivery, all rights and title (exclusive of all intellectual property rights) to such Equipment shall be transferred to you only upon your full payment of the Purchase Price; and
(b) “Rental Scheme” - a scheme under which (i) the Equipment is supplied to you on a loan basis (“Loaned Equipment”) upon our receipt from you the Fees for the use of and/or access to the Service, as determined by us from time to time; and (ii) all rights and title to and in the Loaned Equipment shall remain at all times vest entirely in us and/or our vendors, free and clear of any of your rights and interests.
6.2 For those Loaned Equipment under the Rental Scheme,
(a) the Loaned Equipment shall be kept at all times at the address appearing in your subscription application or registration. Any removal, repair, maintenance, sale, disposal, alteration, transfer, relocation or connection of the Loaned Equipment shall require our prior written authorization;
(b) in case of loss or damage of the Loaned Equipment, you must report such loss or damage to us immediately, and you may be charged the full replacement cost of the Loaned Equipment;
(c) we have the right to repossess any Loaned Equipment, or terminate or suspend its use, at any time without advance notice if we reasonably believe such repossession, termination or suspension may be required to enable us to comply with applicable law, regulations, licence conditions, our obligations with third parties or threat of legal action; and
(d) upon termination of the rental of or the right to use the Loaned Equipment for whatever reason, you agree to promptly return the Loaned Equipment to us in good and working condition (normal wear and tear excluded) in accordance with our instructions or we reserve the right to charge you a penalty at the prevailing rate published from time to time on our Site.
6.3 You acknowledge and agree that you are responsible to install and remove the Equipment or Loaned Equipment pursuant to our directions. If so requested by you, we may in our sole discretion arrange our contractors to install or remove the Equipment or Loaned Equipment at your premises subject to your payment of an extra fee (subject to the cost, location, complexity, workload, and resources availability for the work required). You agree that we shall under no circumstances be responsible for making good your premises or for any loss or damage suffered by you or any other person arising directly or indirectly from our installation and uninstallation activities under this section which shall be your sole responsibility.
6.4 Neither possession nor ownership of the Equipment or Loaned Equipment shall in themselves confer on you a right to use or access the Service and/or Software and/or Content.
7. Warranty and Maintenance of the Equipment and Loaned Equipment
7.1 If the Equipment that you purchased or the Loaned Equipment that you obtained on a loan basis (as the case may be) proves to be defective under normal use due to defective materials, design and/or workmanship:
(a) For those Equipment purchased under the Purchase Scheme, we will provide you with a one (1) year non-transferrable manufacturer’s limited hardware warranty (“Warranty”) from the date of purchase of the Equipment 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); and
(b) For those Loaned Equipment under the Rental Scheme, we will at our option either repair or replace such Loaned Equipment with either a new or rebuilt Equipment free of charge as soon as is reasonably practicable (“Maintenance Service”).
7.2 The Warranty and Maintenance Service do 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 Equipment/Loaned Equipment 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 Equipment/Loaned Equipment 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 Equipment/Loaned Equipment; (i) if any serial number has been removed or defaced from the Equipment/Loaned Equipment; (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 Equipment/Loaned Equipment is a stolen property or we reasonably believe that the Equipment/Loaned Equipment is a stolen property based on information provided by law enforcement authorities; or (l) items of a consumable nature.
7.3 All warranties, conditions and other terms not set out in this Section 7 are excluded from the Warranty/Maintenance Service, and we do not make any other promises, conditions or warranties about the Equipment/Loaned Equipment other than set out in the Warranty/Maintenance Service.
7.4 Please contact our Customer Service Department and we will help determine whether your Equipment/Loaned Equipment is eligible for Warranty or Maintenance Service and if it is, we will request that you return the Equipment/Loaned Equipment to our service centre offering carry-in service during the service hours.
8. Service Plans
8.1 We may from time to time offer a number of service plans (“Service Plans”), including special promotional plans or subscription plans with differing Fees, conditions and limitations. Any materially different terms from those described in this TOS will be disclosed at your registration or in other communications made available to you at the time of purchase. Those terms and conditions for a specific Service Plan will prevail over this TOS if there is any inconsistency regarding that specific Service Plan, save and except stated otherwise therein.
8.2 Some Service Plans may be subject to a minimum subscription period (“Minimum Subscription Period”) as specified at the time of purchase. If you subscribe for such plans, you undertake and agree to subscribe and pay for the Service for the Minimum Subscription Period. If you cancel or terminate the Service before the expiry of the Minimum Subscription Period for any reasons or we terminate the Service due to your fault or breach of the relevant terms and conditions, you are required to pay (i) the aggregate subscription fee for the remaining months of the Minimum Subscription Period, (ii) any charges or Fees waived, and (iii) if applicable, the recommended retail price of any premium. You shall give us thirty (30) days’ prior written notice if you want to cancel the Service after the Minimum Subscription Period; otherwise, the Service will automatically be provided to you on a monthly basis and the prevailing monthly fees of the Service being subscribed will apply. See Section 14.3(b).
8.3 The service period of the Service Plan commences on whichever is earlier:
(a) the date on which the Service is activated;
(b) the date on which the Loaned Equipment is installed;
(c) forty-eight (48) hours after you have received/collected the Loaned Equipment;
(d) forty-eight (48) hours after the end of the collection period of the Loaned Equipment; or
(e) the date on which you are provided with the account password if your Service Plan does not require any Equipment.
8.4 Unless otherwise agreed in writing by us, the service period of the Service Plan will not be extended under any circumstances, including without limitation due to interruption or suspension of the Service for any reasons or any fault of the Equipment.
8.5 Within the service period of the Service Plan, you can view all Content provided under your subscribed Service Plan subject to the terms and conditions specified at the time of purchase.
8.6 Additional terms applicable to myTV SUPER Premium Service:
(a) You can subscribe to any of myTV SUPER Premium Service during the service period of your Service Plan for myTV SUPER Basic Service or Free Zone Service. Upon termination of your Free Zone Service for whatever reason, your subscription to the relevant myTV SUPER Premium Service shall be automatically terminated at the same time and no refund or offset of Fees will be provided by us once your myTV SUPER Premium Service is accepted by us.
(b) myTV SUPER Premium Service - SVOD
During the service period of your Service Plan for myTV SUPER Premium Service, you can view all SVOD channels provided under your subscribed plan for unlimited times subject to the terms and conditions specified at the time of purchase.
(c) myTV SUPER Premium Service - TVOD
After your purchase of a TVOD programme, you are eligible, within such period specified at the time of purchase, to enjoy such programme (and all the episodes of such programme) for unlimited runs. If you have purchased a TVOD series or TVOD multi-season series package, you can enjoy all the entitled programme series (and all the episodes of the programme series) for unlimited runs. However, if you have only purchased a single TVOD programme rather than a programme series, you need to make additional purchase in order to view the uncovered programmes (or episodes) of the interested series.
(d) Upon termination of your myTV SUPER Premium Service for whatever reason, you will be denied from viewing any of the programmes you have selected and any of the programmes provided under such plan (whether or not selected or archived by you prior to such expiry or termination).
8.7 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.
8.8 Some promotional subscriptions may be offered by third parties in conjunction with the provision of their own products and services. We assume no responsibility for the products and services provided by such third parties.
8.9 Upon the expiry of myTV SUPER paid service contract subscribed by you, you will automatically become a myTV SUPER Free Zone user and may continue to use any existing (where applicable) Equipment/Software/personal computer through our Site, for the viewing of channels and programmes available in the myTV SUPER Free Zone until we notify you otherwise. Your use and access of myTV SUPER Free Zone is subject to the terms and conditions of this Agreement.This, however, does not apply to “Rental Scheme” users.
9. Content
9.1 The Content available in the Service may vary depending on the location of the Service due to licensing restrictions. The Content available in the Service will also will also change from time to time. Some channels may be adjusted and vary from the actual broadcast channel due to licensing restrictions.
9.2 We and our licensors reserve the right to change, suspend, remove, discontinue or disable access to any Content, or other materials comprising as part of the Service at any time with or without notice to you. In no event will we or our licensors be liable for making these changes. We may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
9.3 4K Contents are only available in 4K-resolution through the use of Equipment connected with a broadband network of at least 12 Mbps. myTV SUPER APPS and myTV SUPER website do not support 4K-resolution. 4K or High-Definition (HD) Contents are viewable only on 4K or HD capable devices.
10. Your Use of the Service
10.1 Unless with our prior written permission, you may only access the Service via our Site, the Equipment or the Software with a device owned by or controlled by you for your non-commercial and private viewing purpose, provided that you shall keep intact all copyright and other proprietary notices and act in accordance with our timely instruction.
10.2 You agree:
(a) to abide by all applicable laws, this TOS and any other operating and/or usage rules applicable to the Service and the Content, as amended from time to time;
(b) that any person who uses the Service and the Content registered under your name (whether or not approved by you) shall be deemed to be your use of the Service and the Content;
(c) to use the Service, our Site, the Content, the Software, and/or the Equipment in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Service by any third party. Such restriction or inhibition includes: any disturbing, threatening, violent, immoral, pornographic and defamatory statement, engaging in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person or disruption of normal follow of dialogue and/or interactive mode via the Service;
(d) that the Service, our Site, the Content, the Software, and/or the Equipment are for your private viewing and non-commercial use only. You are not allowed to, or enable any person to, or use any device to broadcast, exhibit, use, access or make available the Service and/or the Content to any person, in any place (including but not limited to public and commercial settings) or for any other use not expressly permitted under this TOS. In particular, when using the data or information supplied by the HKEX, you shall not use such information to establish, maintain or provide, or to assist in establishing, maintaining or providing an "off market". "Off market" means a trading floor or dealing service where trading in (i) securities listed on HKEX or of a type capable of being so listed or (ii) any other securities relating to the securities described in (i) above is being undertaken otherwise than at or through HKEX;
(e) not to and not to allow any person collect money or other consideration for the use or access of the Service, our Site, the Content, the Software, and/or the Equipment under any circumstances;
(f) to be responsible for any costs you incur to access the Service and Internet connection;
(g) to abide by all relevant laws of Hong Kong and / or any other relevant jurisdictions and any operating and/or usage rules, as amended from time to time; and
(h) that unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to this TOS.
10.3 Unless as notified by myTV SUPER or with our prior written permission, you are not allowed and you shall not permit any party to:
(a) use the Service, our Site, the Content, the Software, and/or the Equipment for any illegal purpose or for any use not explicitly provided under this TOS;
(b) use the Service, our Site, the Content, and/or the Software on any device that you do not own or control;
(c) access the Service and/or the Content by any means other than through use of the Software provided by us for accessing the Service;
(d) modify the Software and/or the Equipment that is provided by us to access the Service and/or the Content in any manner or form, or to use the modified versions of the Software, for any purposes including obtaining unauthorized access to the Service and/or the Content;
(e) preload the Service, the Content, and/or the Software in any device and promote, sell, circulate or distribute such device in the market;
(f) reproduce, duplicate, copy, reverse engineering sell, resell or otherwise exploit, any portion of the Service and/or the Content or use them for any other purpose;
(g) modify, copy, reproduce, republish, upload, post, distribute, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way any material (including any information, programme contents and video clips, code and software) from the Service and/or the Content for any other purpose;
(h) interfere with or disrupt the Service and/or the Content or servers or networks connected to the Service and/or the Content;
(i) charge for use of or access to the Service, our Site, the Content, the Software, and/or the Equipment or for access to any premises where the Service and/or Content are viewed;
(j) download, sell, share, reproduce, copy, distribute, publish, modify, prepare derivative works based on the Service or the Content or display the Service or the Content or cause the Service or the content to be displayed in public or re-direct any Service or the Content in any way or through any media or frame any part of the Service or the Content, whether by actual commitment or procurement or by any means (including without limitation Internet);
(k) modify, adapt, digitalize, encode, reformat, compress, decipher, retrieve, interfere or in any way or manner control the signal of the Service or the Content, including the output signal of a device;
(l) sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service, the Software and/or the Content or any part thereof;
(m) 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 the Service or the Content, and/or the Software;
(n) hack, break into, or attempt to hack or break into the Service or the Content, the Software, and/or any data zones on our server(s) or that of any third party in any manner, or access such parts of the Service or the Content which you are not authorized to login;
(o) implant into any software or other materials that contain any software viruses, worms, time bombs, Trojan horses or other harmful or disruptive component;
(p) obstruct or interfere with the Service or servers or networks connected to the Service, or restrict or inhibit any person to use the Service;
(q) forge headers or otherwise manipulate identifiers in order to disguise the origin of any contents transmitted through the Service;
(r) remove any copyright, trademark, or other proprietary rights notices contained in the Service, the Software, the Content and/or our Site;
(s) permit any minors from viewing those Content and/or use any part of the Service which is not suitable for viewing by minors;
(t) collect information of other users of the Service;
(u) use any device or apparatus which may be harmful to our network or third party's equipment (in which case, you shall immediate cease the connection of such device or apparatus); or
(v) download or make use of any of the Service, Software, Content, applications or other materials: (i) in any device and promote, sell, circulate or distribute such device in the market, or (ii) for any commercial purpose or usage, or (iii) for purposes other than private viewing on your personal, authorized device.
10.4 Your use of third parties’ websites and/or applications linked to the Service may be governed by additional or different terms and conditions. Those additional terms and conditions of such web pages and applications will apply to you in addition to this TOS and will prevail over this TOS if there is any inconsistency regarding your use of those web pages and/or applications. We assume no responsibility for any third party websites and/or applications. See Section 16.
10.5 When you use the Service with your network bandwidth service, your network bandwidth may be reduced. As your use of the 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.
10.6 Your installation and use of the Service will occupy certain storage capacity of your device. Therefore, please maintain sufficient storage capacity in your device at all times.
10.7 You shall have fair usage of the Service. If we discover your usage of the Service exceeds normal usage level, we may suspend your use of the Service until your usage level becomes normal without notification or liability to you. When the Service is resumed, we shall not extend the service period to compensate for the suspension.
10.8 You must not post any content or material onto our Site, the Software and/or the Service which:
(a) (a)violates any applicable laws or regulations, including but not limited to copyright, trademark, or intellectual property laws;
(b) contains any defamatory, abusive, obscene, offensive, or discriminatory language or imagery;
(c) (c) promotes or incites violence, hatred, or discrimination based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic;
(d) harasses, threatens, or intimidates any individual or group;
(e) infringes upon the privacy rights of others or contains personal information without proper consent;
(f) impersonates any person or entity or falsely represents your affiliation with any person or entity;
(g) contains viruses, malware, or any other harmful or disruptive elements;
(h) attempts to gain unauthorized access to any accounts, systems, or networks;
(i) engages in any form of spamming, phishing, or other fraudulent activities;
(j) violates any contractual or legal obligations, including but not limited to confidentiality agreements or non-disclosure agreements;
(k) engages in or promotes any illegal activities, including but not limited to drug trafficking, human trafficking, or money laundering;
(l) engages in or promotes any illegal activities, including but not limited to drug trafficking, human trafficking, or money laundering;
(m) encourages or facilitates gambling or betting activities;
(n) promotes or sells weapons, firearms, or any other items that are prohibited or regulated by law;
(o) includes any false, misleading, or deceptive information or advertisements;
(p) violates any third-party rights, including but not limited to intellectual property rights, privacy rights, or contractual obligations;
(q) disrupts or interferes with the proper functioning of our Site, the Software, and/or the Service, including but not limited to hacking, distributed denial-of-service (DDoS) attacks, or any other form of cyber attack;
(r) encourages or promotes any form of self-harm or suicide;
(s) contains any sensitive or confidential information, such as personal identification numbers, social security numbers, or financial account information; and
(t) promotes or facilitates any form of illegal or unethical activity, including but not limited to fraud, bribery, or corruption.
10.9 We reserve the right to remove any content or material that violates the prohibitions set out in Section 10.8 and take appropriate legal action against individuals who engage in such activities. By using our Site, the Software, and/or the Service, you agree to comply with these restrictions and understand that any violation may result in the termination of your access and potential legal consequences. Please note that these prohibitions are not exhaustive, and we reserve the right to remove any content or material that we deem inappropriate or in violation of this TOS. We encourage you to use our Site, the Software, and/or the Service responsibly and in compliance with all applicable laws and regulations.
11. Registration or order through our Site or the Software
11.1 Information and particulars as to the Service Plans available at our Site and/or the Software (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.
11A. Purchase of Third Party Goods/Service through our Site or the Software
11A.1 We may offer to you services for purchasing third party goods/services (“Product(s)”) via our Site and/or the Software from time to time. Any purchase of any Product via our Site and/or the Software by you shall deem your agreement to comply with this TOS and all other terms and conditions imposed by us from time to time for that specific Product’s purchase.
11A.2 You agree that once we confirm your purchase order, it cannot be cancelled, refunded or transferred or offset for payment of other products or services.
11A.3 You agree and authorize us (including our affiliated companies) to use and transfer your information provided for the purchase of a Product (including name, contact number and delivery address, payment information, etc.,) to any agent, supplier, manufacturer, service provider who provides administrative and logistics service(s) and payment gateway in connection with the process of the purchase and delivery of that Product.
11A.4 You agree that the Products are manufactured and supplied by third party and are not related to us. Pictures of the Products are for reference only, and you should always look up to the real Products. As we are not the manufacturer or supplier of the Products, all descriptions of the Products and their respective contents are provided by their respective manufacturer or supplier and (its)their interpretation shall prevail. All matters related to the delivery, collection, use and return of the Products shall be subject to the relevant terms and conditions provided by their respective manufacturer or supplier, which shall become the contract entered into between you and the said manufacturer or supplier. You should follow all the terms and conditions provided by the manufacturer or the supplier for the collection, use and enjoyment of the relevant Products. You agree that we shall not be held liable for any of the disputes arisen in relation to the above matters, which you shall settle directly with the relevant manufacturer or the supplier.
11A.5 To the fullest extent permissible by laws, we (including our affiliated companies) disclaim as follows:-
(a) we shall not be responsible to any person nor shall indemnify any party in respect of any use and/or enjoyment, or any failure to use or enjoyment of the Products; or for any claim of loss or damage as a result of the aforesaid.
(b) we make no representation or warranty to the quality, fitness, merchantability or any other aspect of the Products.
(c) the placement of any information concerning the Products on our Site and/or the Software does not constitute a recommendation or endorsement by us of the Products. We shall not be liable to you or any person for loss suffered as a result of reliance by you or any person upon the information contained on our Site and/or the Software.
(d) we shall not be responsible to you and/or the user of the Products, or any person for any (i) personal injury; (ii) burgle, loss or damage of property; and/or any other liability (including without limitation to tax liability), claims, requests, proceedings and/or damages, compensations arising under any circumstances of or in relation to the Products, and/or the use or enjoyment of the Products (whether now known or arising in the future);
(e) we shall not be liable to replace or reissue or to arrange for the aforesaid any Product which is lost, damaged or stolen.
11A.6 You and user of the Products shall bear all responsibilities and risks arising from or in relation to the use and/or enjoyment of the Products. You and user of the Products agree to discharge us (including our affiliated companies) from all liabilities for any damages, losses, claims, litigation or any other legal responsibilities incurred or suffered by you and/or user of the Products arising from or in relation to the aforesaid, or from the failure of delivery of the Products.
11A.7 We reserve all rights to cancel or amend any purchase offer, including Product categories and price at our discretion without prior notice.
11A.8 We reserve all rights to reject any purchase application at our discretion without explanation.
12. Privacy Data Collection
12.1 For information about our privacy policies and practices, please refer to our Privacy Policy [https://www.mytvsuper.com/en/eu_privacy_full]  (for the European Union users) and Personal Information Collection Statement(for non- European Union users) [https://www.mytvsuper.com/en/pics]. Where personal data is collected in connection with a specific service or programme offered on the Service or our Site or Software, you should also refer to the relevant Personal Information Collection Statement linked to the form through which your personal data is collected.
13. Intellectual Property Rights & License
13.1 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 are owned or controlled by us or respective licensors.
13.2 Our names, images, logos and those of third parties and their products and services are our proprietary marks and such third parties respectively.
13.3 Software
(a) Subject to your compliance with the terms of this TOS and your payment of Fees, 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 in accordance with the terms in the Agreement and any software license of the Software but not further or otherwise.
(b) We reserve the right to update the Software from time to time in our sole discretion, including but not limited to adding, changing or removing functionalities and features, and changing the user interface or the manner in which you are able to access the Service or the Content.
13.4 Copyright 
You agree that we and our licensors own and retain all rights to the Service, our Site, the Content, the Software and/or the Equipment and you acknowledge that the Service, our Site, the Content, the Software and/or the Equipment are protected by copyright, trademark laws, and other Intellectual property right laws, and you further agree that you are being granted with a non-exclusive, non-transferrable, limited license, without right of sublicense, to access and use the Service, our Site, the Content, the Software and/or the Equipment contained therein in compliance with the terms of the Agreement.
13.5 Nothing you do on or in relation to the Service, our Site, the Content, the Software, the Equipment, the materials contained in the Service, our Site, the Content, the Software or the Equipment will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.
13.6 We and our licensors 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.
13.7 This Section 13 will survive the termination or expiry of the Agreement and/or your use of the Service.
14. Termination
14.1 We reserve the right to terminate your subscription to any of the Service at any time by giving you at least thirty (30) days’ written notice, and we will not be liable to you or to any third party should we exercise such rights.
14.2 If you fail, or we suspect that you have failed or are unable, to comply with any of the provisions of the Agreement, we may, at our sole discretion, without notice to you: (i) terminate the Agreement and/or your Service Plan, and you will remain liable for all amounts due under your Service Plan; and/or (ii) cause the license to the Software to be terminated; and/or (iii) preclude access to the Service (or any part thereof).
14.3 Without limiting any of your legal rights, you may terminate the Agreement under the following circumstances:
(a) if you are a customer under the Purchase Scheme (defined in Section 6.1(a)) and you do not agree with the TOS, you must return to us the Equipment in new or unused condition with intact seal on the original packaging and documentation within ten (10) days from your date of purchase for a full refund (the original proof of purchase, such as official sales receipt/invoice, must be presented to process refund);
(b) in the event that you decide to terminate your subscription to the Service for any reason during the Minimum Subscription Period, you undertake to (i) give us thirty (30) days’ advance written notice; (ii) pay any Fees that have not been received by us for the remainder of the Minimum Subscription Period (disregard the due date(s) for the payment of such Fees) without offset at the time when the notice is given; (iii) pay any charges or Fees waived; and (iv) if applicable, the recommended retail price of any premium. Payment of (ii), (iii) and (iv) under this Section 14.3(b) shall be settled by your credit card from your Billing Account when necessary; or
(c) subject to Section 14.3(a), you may for any reason terminate your subscription to the Service at any time after the expiration of the Minimum Subscription Period, by giving us thirty (30) days’ advance written notice.
14.4 Where the Agreement is terminated by either you or us:-
(a) any money due to us by you shall become immediately payable;
(b) any rights we have in respect of your obligations under the Agreement, which are not fulfilled by you when the Agreement is terminated, shall continue to exist;
(c) under no circumstances shall you be entitled to a refund of any Fees, interest on any security deposit or any pro rata refund or credit of any Fees paid in advance; and
(d) your access to the Service, Content and Software, and all licenses, rights and privileges granted to you under this TOS shall cease.
15. Our Rights
15.1 We may at any time without notice:
(a) expand, reduce and/or modify the whole or any part of the Service or any Content;
(b) deactivate the whole or any part of the Service to carry out system maintenance, upgrading, testing and/or repairs;
(c) limit or suspend your access to the whole or any part of the Service if we believe that such action is appropriate due to your improper use of the Service or breach of any term of the Agreement;
(d) at any time employ and/or install software in your personal computer or other personal viewing devices for the purposes of detecting any downloading, copying, storing, 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;
(e) suspend your access to the Service if after your registration as a user, (i) you fail to pay the Fees; (ii) you fail to provide us with accurate or updated personal data; or (iii) we suspect, in our reasonable opinion, that you make unusual purchase or series of purchases; or
(f) refuse to provide the Service to you if you fail to successfully install and/or download the Equipment or the Software.
16. Third parties’ contents, links and advertisements
16.1 The Service or our Site may contain materials from third parties and/or hyperlinks to third party websites, and part of the service and/or content of the Service and/or our Site may be supplied or supported by third parties. 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.
16.2 We have no control over any third party websites linked to the Service or our Site and we are not responsible for the content or accuracy of any off-site pages or any other third party websites linked to the Service or our Site (including without limitation sites linked through advertisements). Some links which appear on the Service or our Site 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 agree to access those links at your own risk. We are not responsible or liable in any way for any loss or damage of any sort incurred or allege to have incurred, either directly or indirectly, as the result of your reliance, use, dealings of or as the result of the presence of such links and advertisements on the Service or our Site.
17. Disclaimer of Warranties & Limitation of Liabilities
17.1 The provision of the Service is contingent upon the service capacity allocated by us (including but not limited to streaming capacity) for the Service and the reliability and stability of your internet connection or mobile network which is out of our control. We will not be liable to you or any other third parties, including users of the Service (whether authorized or not), for any failure or delay in accessing the Service or any part thereof (whether due to the lack of streaming capacity, 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 the Service.
17.2 The Service and all materials delivered to you through the Service are provided "AS IS" and on an "IS AVAILABLE" basis without any representation or endorsement made by us and without our warranty of any kind whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You expressly agree that your use of the Service, the Equipment, the Software and/or the Content and/or contents obtained through your use of the foregoing are obtained at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
17.3 The Service is provided subject to this TOS and we shall not be liable for the (i) the timeliness, deletion, non-delivery, errors, interruptions in the transmission or failure of the provision of any services under the Service; OR (ii) your inability to gain access in whole or in part to the Service due to the delay or failure of any communication networks or any party providing such access.
17.4 We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error free, 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.
17.5 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.
17.6 To the fullest extent permitted by applicable law, we and the providers of the Service, the Equipment, the Software and/or the Content disclaim all representations and warranties of all kind, whether expressly or implied, including but not limited to the title, fitness for a particular purpose, merchantability, non-infringement, accuracy or standard of quality of the Service, the Equipment, the Software and/or the Content, that the Service or your access to the Service will be uninterrupted or error free, free of viruses, malicious code or other harmful components or otherwise secure. We further disclaim any representation or warranty that the Service, the Equipment, the Software and/or the Content will meet your requirements.
17.7 You agree that 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.
17.8 To the fullest extent permitted by applicable law, we are not liable to you or any other third party (including users of the Service, whether authorized or not) for the following:
(a) 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 the Service, the Equipment, the Software and/or any Content;
(b) any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any incidental or consequential damages, whether of an economic nature or not;
(c) any claim relating to any part of our Site, the Equipment, the Service and/or Software or Content supplied, provided, sold or made available by or through the Service (or any failure or delay to so supply, provide, sell or make available)
(d) any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Site, the Equipment, the Service, the Software and/or the Content;
(e) any disruption, suspension, delay, failure or discontinuation of the Service or the service capacity (including but not limited to streaming capacity allocated by us for the Service), the Equipment, the Software and/or Content 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 (iv) any other third party's software or services; or
(f) any infringement of intellectual property rights arising from your use of our Site, the Equipment, the Service, the Software, or the Content.
17.9 If, notwithstanding the other provisions of the Agreement, we are 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 Site, the Equipment, the Service, the Software or the Content, our liability shall in no event exceed the greater of (i) total Fees paid by you to use the Service for the immediately preceding twelve months prior to any incident giving rise to a claim; or (ii) Hong Kong Dollar HK$500. (or its equivalent in the currencies of the location where the Service is provided).
17.10 This Section 17 will survive the termination or expiry of the Agreement and/or your use of the Service.
18. Indemnification
18.1 You agree to indemnify and hold us harmless from any claim, costs or demand, (including reasonable attorney's Fees) made by a third party, relating to or arising from:
(a) any violation by you of the Agreement;
(b) your use of our Site, the Equipment, the Service, the Software and/or the Content;
(c) the contents or information you provided ;
(d) any and all usage of your user account, whether or not such usage is expressly authorized by you;
(e) in connection with any dealings with you through the Service;
(f) your violation of any rights of another, and under which such third party demands from you any compensation, fees or damages (including reasonable attorney fees); and/or
(g) the personal information submitted by you.
18.2 This Section 18 will survive the termination or expiration of the Agreement and/or your use of the Service.
19. Force Majeure
19.1 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 further performance of 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.
20. Interpretation and Modification
20.1 We have the sole discretion to interpret and determine this TOS.
20.2 We reserve the right to modify this TOS posted without prior notice. Unless as otherwise stated, all modifications shall automatically be effective upon posting on our Site and shall supersede any previous versions of this TOS. Please keep yourself updated by regularly viewing our Site. Your installation, use of and/or access to the Service or any materials contained on our Site and/or Software following the posting of such modifications shall be deemed acceptance of any such modifications.
20.3 If there is any conflict between this TOS and rules and specific terms of use appearing on the Service relating to specific material then the latter shall prevail.
21. General
21.1 Nothing in this Agreement, whether express or implied, is intended to or shall confer any rights, benefits, or remedies of any nature whatsoever under or by reasons of this Agreement or the Contracts (Rights of Third Parties) Ordinance (Cap 623) on any persons other than the Parties and their respective successors and assigns.
21.2 If any provision of the Agreement becomes or is held to be illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from the Agreement and shall be deemed to be deleted from the Agreement and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
21.3 The failure of our enforcement of any right or provision of the Agreement will not be deemed a waiver of such right or provision.
21.4 We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations contained in the Agreement 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 the Agreement to any person or entity without our prior written consent.
21.5 All notices and other communications hereunder to us shall be in writing or by email to enquiry@mytvsuper.comand shall be deemed to have been duly given when delivered, if delivered by messenger during our normal business hours; when sent, if transmitted by email (receipt confirmed) during our normal business hours, on the third business day following mailing, if mailed by certified or registered mail, postage prepaid to our registered office as shall be specified by us from time to time.
21.6 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) or facsimile transmission; on the day on https://www.mytvsuper.com on the third business day following mailing, if mailed to your address last notified to us.
21.7 This TOS shall be governed by and construed in accordance with the laws of Hong Kong. Disputes arising therefrom shall be exclusively subject to the jurisdiction of the courts of Hong Kong
21.8 If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.

 

Last Updated: 26 Aug 2024