1. Important Notice
(a) Please read these terms of use (“Terms of Use”) carefully as they apply to your use of the Viu Service, which can be accessed through the Viu website at www.viu.com and the Viu application (together the “Sites” and each a “Site”). By using and/or accessing any Site you agree to be bound by these Terms of Use (as may be updated from time to time).
(b) We operate the Sites but we exercise no editorial control over some of the Content on the Sites, and in some cases other third parties provide the Content on the Sites or operate parts of the Sites or other Internet sites you may view or access through the Sites (“Third Party Providers”).
(c) We update these Terms of Use from time to time. It is your responsibility to check for updates to these Terms of Use as they take effect upon posting on any Site, because, unless otherwise required by Applicable Law, your continued use of the Sites following such variation or amendments of the terms and conditions, whether or not reviewed by you, shall constitute your acceptance to be bound by such variations or amendments.
2. Registration and Free Trials
(a) The Viu Service
(i) 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).
(ii) We provide certain parts of the Viu Service to users free of charge (the “Viu Free Service"); and certain other content, features and/or services to users who subscribe to one of our paid services, Viu Premium or Viu Premium +, upon payment of the applicable subscription fee. Viu Premium, Viu Premium +, and Viu Pass (which may be offered to customers through bundled package(s) with third party product(s)) shall collectively be referred to as the “Viu Paid Services” and individually as a “Viu Paid Service”. For more details about our Viu Free Service and Viu Paid Services, please visit https://www.viu.com/ott/prem/.
(iii) The Viu Free Service can be accessed in any territory where we offer such free service. Each Viu Paid Service is restricted for use and access only in the territory where you have subscribed for that Viu Paid Service.
(b) Using the Viu Service through a mobile network may result in mobile data charges. Please contact your mobile data service provider for more information.
(c) You may be required to register with us in order to access certain parts of the Sites
(“Post-Registration Features”). Where you are required to register:
(i) you must provide us with accurate, complete and updated registration information;
(ii) you must safeguard any username and password which we provide to you; and
(iii) you authorize us to assume that any person using any Site with your username and password is either you or authorized by you to do so.
(d) You acknowledge that your use of some Post-Registration Features may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:
(i) will apply to your use of such Post-Registration Features in addition to these Terms of Use; and
(ii) will prevail over these Terms of Use to the extent of any inconsistency.
(e) Free Trials on Smart TVs
(i) We (or others on our behalf) may offer free trial subscriptions to Viu Paid Services on specified models of Smart TVs (“Smart TV Free Trials”) and no registration is required for Smart TV Free Trials.
(ii) Your access to a Smart TV Free Trial is only available during the specified period.
(iii) Terms and conditions applicable to your eligibility, access and/or use of a Smart TV Free Trial (including but not limited to the duration of the Smart TV Free Trial) vary depending on the model and brand of Smart TV that you are using and the territory in which you are in when activating the Smart TV Free Trial.
(iv) We have the sole and absolute discretion to determine your eligibility for a Smart TV Free Trial and may without liability to you, withdraw or modify the terms or availability of a Smart TV Free Trial at any time with or without prior notice to you.
(v) Unless otherwise specified, a user may only enjoy the Smart TV Free Trial on each Smart TV once.
3. Services
(a) You acknowledge that we may at any time, in our sole discretion and with or without notice:
(i) deactivate and/or suspend the Viu Service at any time to carry out system maintenance, upgrading, testing and/or repairs;
(ii) vary the Sites (or any part thereof); and
(iii) discontinue any Site, cease providing the Viu Service (or any part thereof) and/or any Content to you.
4. Fees
(a) To the extent permitted by Applicable Law, we reserve the right at any time to:
(i) charge fees for your use of the Viu Free Service; and
(ii) to vary or amend the terms and conditions which cover such fees, for access to or use of all or some parts of the Sites.
5. Content On the Sites
(a) You have to be aged 18 or above to access or use the Viu Service and/or Content.
(b) You 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 of Use.
(c) You 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.
(d) You will in your use and/or access of the Viu Service abide by all Applicable Law and any operating and/or usage rules, as amended from time to time.
(e) Without limiting Clauses 5(b) and 5(c) above, you shall not charge for use or access to the Viu Service and/or any Content; or for access to any premises where the Viu Service and/or Content are viewed.
(f) You acknowledge that Content on the Sites is subject to copyright and possibly other intellectual property rights. Unless expressly authorized by law or permitted by us, you must not by yourself or permit any other person to:
(i) sell, reproduce, distribute, modify, display, publish, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent;
(ii) use any Content on any other website or in a networked computer environment for any purpose;
(iii) reverse engineer any Content consisting of downloadable software; and/or
(iv) otherwise infringe the intellectual property rights of any person or entity in using and/or accessing any Site or any Content.
(g) Nothing you do on or in relation to the Sites will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless this is expressly stated.
(h) You acknowledge that:
(i) we can vary, replace or withdraw any Content, channels and programs
(whether advertised or not) on the Viu Service, including changing or reducing the number of hours of broadcast of any channel or any program on the Viu Service; and
(ii) expand, reduce, withdraw and/or modify any part of the Viu Service and/or any Content, remove, disable and/or suspend transmission or streaming of the Viu Service and/or Content which we consider in our sole opinion, breaches any Applicable Law or to be otherwise unacceptable.
6. Your Use of the Sites
(a) You must not:
(i) disrupt or interfere with the Sites, Viu Service, servers, networks, software, hardware or equipment connected to or via the Sites and/or Viu Service;
(ii) violate any Applicable Law relating to your use of any Site and/or the Viu Service;
(iii) collect or store personal data about other users of the Sites and/or the Viu Service;
(iv) restrict or inhibit any other persons from using any Site and/or Viu Service, including, without limitation, by means of "hacking" or defacing any portion of any Site and/or the Viu Service;
(v) access or use the Sites, Viu Service, Content or Software for any unlawful purpose or any purpose not expressly authorised by these Terms of Use;
(vi) modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites, Viu Service, Software and/or Content;
(vii) remove any copyright, trade mark, or other proprietary rights notices contained in the Sites, Viu Service and/or Content;
(viii) copy and/or frame any part of the Sites, Viu Service and/or Content without our prior written authorisation;
(ix) 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 Sites, Viu Service and/or the Content;
(x) hack, break into, or attempt to hack or break into, in any manner the Sites, Viu Service, Software and/or any data areas on our server(s) or that of any third parties;
(xi) download, copy, store, rip, distribute, share or re-direct any Content from the Sites and/or Viu Service in any way or through any media;
(xii) incorporate any software or other materials that contain any virus, malicious code, worm, time bomb, Trojan horse, or other harmful or disruptive component;
(xiii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Sites and/or Viu Service; or
(xiv) 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.
(b) Our authorisation for you to access the Sites; and receive the Viu Service and the Content is conditional upon your strict compliance with each of these Terms of Use.
(c) We may at any time employ and/or install software in any device(s) used by you, where it is necessary for purposes of detecting any unlawful downloading, copying, storing, ripping, distribution, sharing or re-direction of any Content from the Sites and/or Viu Service in any way or through any media.
(d) 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 Sites, 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, its speed and/or bandwidth that may be caused by the Sites and/or Viu Service.
(e) You may access the public posts of the social media profile (such as Facebook pages) of others through specified features within the Sites and/or 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 Sites and/or Viu Service, and that by linking to these Facebook pages does not mean we endorse in any way the content of such posts in the relevant Facebook pages. The Facebook “f” logo, the “Like” button, the “Share” button are all trade marks, and/or trade names and properties of Facebook.
(f) In relation to Software:
(i) You may from time to time be requested by us, to download Software and we hereby grant to you a non-exclusive, revocable and non-transferable license for you to store, run and use the Software on your devices in accordance with these Terms of Use and any software license which accompanies the Software but not further or otherwise;
(ii) You agree to download and install the Software in such personal devices to be used by you for accessing and/or installing the Sites and Viu Service; and
(iii) 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.
7. Third Party Providers
(a) You acknowledge that parts of the Sites and parts of the Content are provided or maintained by Third Party Providers and not by us.
(b) 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.
(c) Your use of third party web pages linked to the Sites and/or 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 of Use and will prevail over these Terms of Use to the extent of any inconsistency.
8. Links and Advertisements
(a) We have no control over any third party web sites linked to the Sites and/or 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 Sites and/or Viu Service (including without limitation sites linked through advertisements).
(b) Some links which appear on the Sites and/or Viu Service 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.
(c) Your correspondence or dealings with, or participation in promotions of, advertisers on the Sites and/or Viu Service 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 Sites and/or Viu Service.
(d) We may use third-party advertising companies including but not limited to Google Ad, Oracle Data Cloud, Integral Ad Science, Lotame and Nielsen to track and/or measure advertising effectiveness and/or enhance our user experiences on the Sites, Viu Service 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 Sites, Viu Service and other web sites to measure advertising effectiveness and provide advertisements about goods and services of interest to you.
(e) 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 access the Sites and/or Viu Service through your Facebook account login), in order to provide the Viu Service and advertisements about goods and services of interest to you.
9. Device ID and other information relating to web browsing
(a) During your use and/or access of any Sites, we will compile information relating to the activity of the device which is being used to surf the Sites including device IDs, "cookies" and browsing behaviour. By using a Site, you have agreed to our use of the device IDs and/or cookies in accordance with our Personal Information Collection Statement (https://www.viu.com/ott/hk/en-us/copyright-statement/privacy), Privacy Statement (http://www.pccw.com/privacy-statement/index.page?locale=en) and Cookie Statement.
(b) We use third-party advertising companies to serve ads on our Sites. These companies may use activity information (not including your name, address, email address or telephone number) of the device (including device IDs and/or cookies) in this and other websites to measure advertising effectiveness and provide advertisements which may be of interest to you.
(c) We and/or our data processor may transfer device IDs and/or cookies to a third party service provider engaged by us who is located outside of Hong Kong. You have agreed to the transfer of device IDs and/or cookies to such third party service providers. We will ensure that the third party service provider has in place data protection measures and policies that are no less stringent than those of ours.
10. The Use of the Sites and Viu Service Is At Your Risk
(a) You use the Sites and the Viu Service at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Sites and the Viu Service is for information purposes only. You should seek your own independent advice with respect to any Content.
(b) We endeavour to provide convenient and functional Sites, but we do not guarantee that the Content will be error free or that the Sites or the servers that operate them are free of viruses or other harmful components.
(c) If your use of the Sites and/or Viu Service results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
(d) Without limiting the above provisions, you agree that the Sites and 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:
(i) as to the title, quality, fitness for a particular purpose, merchantability, accuracy, completeness, or standard of quality and resolution, transmission continuity and timeliness of the Sites, Viu Service, the Software and/or any Content;
(ii) that the Sites, Viu Service, Software and/or Content will meet your requirements;
(iii) that your access to and use of the Viu Service, Sites and/or Content will be uninterrupted, free of delay or error, free of viruses, malicious code or other harmful components or otherwise secure;
(iv) any obligation to maintain the confidentiality of information (although our current practice is to maintain such confidentiality);
(v) the results to be obtained from use of any part of the Sites, Viu Service, Software and/or any Content unless otherwise specifically mentioned in these Terms of Use; and
(vi) that installation or presence of, any Site or Software in your devices, or the Viu Service and/or Content, will not affect the availability or usability of other software, applications, content and/or services.
(e) If the applicable jurisdiction in the Affiliate Schedule, does not allow the exclusion of implied warranties in accordance with paragraph (d) but allows limitations of a certain maximum extent then we limit our warranties to that extent.
(f) We do not exercise any editorial control over certain Content and do not make any claims as to the truth in such Content.
(g) You acknowledge that certain programs and other Content on the Sites and Viu Service are provided by third party providers, not by us and therefore the availability of Content and programs are outside our control.
(h) 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.
(i) You acknowledge that the Content solely expresses the view of the speaker of the Content, and not our views or any entity associated with us.
(j) We disclaim liability for all Content available on the Sites and Viu Service.
(k) 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.
(l) To the fullest extent permitted by law, we expressly disclaim any liability for:
(i) any damage to or loss of data suffered by you arising from your use of the Sites, Viu Service, Software and/or any Content;
(ii) 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;
(iii) any claim relating to any part of the Sites, Viu Service and/or any Content supplied, provided, sold or made available by or through the Sites and/or Viu Service (or any failure or delay to so supply, provide, sell or make available);
(iv) any disruption, suspension, delay or failure of the Sites and/or Viu Service or any part thereof which is attributable to an event or circumstance beyond our reasonable control; and
(v) any infringement of intellectual property rights arising from your use of the Sites, Viu Service, Software and/or any Content.
11. Limitation of Liability and Indemnity
(a) To the fullest extent permitted by Applicable Law, we will under no circumstances:
(i) accept any liability whatsoever for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the Sites, Viu Service and Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage; and
(ii) pay more than Hong Kong One Hundred Dollars (HK$100) in compensation
(even if we have been negligent) for any liabilities under these Terms of Use, Viu Service, Content, Software and any other goods supplied and/or provided by us.
(b) You agree to indemnify us, our affiliates, agents, directors, officers, employees, content providers, sub-contractors, licensors and/or agents against any actions, liability, costs, claims, losses, damages, proceedings and/or expense arising from, in connection with or which is related to:
(i) your use or others’ use of the Sites, Software, Viu Service and/or the Content through your devices and/or registered account; and
(ii) any breach or non-observance of any of these Terms of Use by you.
12. Survival The provisions of these Terms of Use entitled "The Use of the Sites and Viu Service Is At Your Risk ", "Limitation of Liability and Indemnity" and "General Provisions" will survive cancellation or termination of your Viu account or termination of your subscription for any Viu Paid Service.
13. Notices
(a) Subject to the Applicable Law, we will give you any necessary notices by posting them on the Sites. You agree:
(i) to check the Sites for notices; and
(ii) that you will be considered to have received a notice when it is posted on the Sites.
14. General Provisions
(a) If any provisions of these Terms of Use 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 of Use. 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 of Use, but all other provisions of these Terms of Use shall continue in full force and effect.
(b) The governing law of and forum for dispute resolution relating to these Terms of Use shall be as set out in the Affiliate Schedule. All disputes arising in connection with these Terms of Use, shall be submitted to the jurisdiction of the courts in the Affiliate Schedule, depending on the location from which you are using and/or accessing the Sites and/or Viu Service.
(c) Our failure to enforce any rights or provisions under these Terms of Use shall not constitute a waiver of such or any other provision.
(d) We shall not be liable or responsible for any failure to fulfill any of our obligations due to causes beyond our reasonable control.
(e) Should there be any inconsistencies between the English version and any other language versions (if any) of these Terms of Use, the English version shall prevail.
(f) Subject to Applicable Law, 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.
(g) A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) or any similar legislation in any jurisdiction to enforce any part of these Terms of Use.
15. Definitions
“Affiliate Schedule” means the Affiliate Schedule at the end of these Terms of Use.
“Applicable Law” in relation to any person, entity, action or thing means the following in relation to that person, action or thing:
(a) any law, rule or regulation of any country (or political sub-division of a country);
(b) any obligation under any license in any country (or political sub-division of a country); and
(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
"Content" includes things that you may see, read, hear, download or access on or via the Sites
(including but not limited to programming, dramas, movies, series, shows, user interface, features, functionalities, layout, messages, files, data, object codes, software, images, photographs, illustrations, text and other materials).
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
“Software” means software, applications and/or programs from or used to access, the Viu Service.
“Smart TV” means a TV that incorporates an internet-enabled operating system or platform that allows you to access, manage, and view online and network-based media content through a range of applications.
“Smart TV Free Trials” has the meaning ascribed to it under Clause 2(e)(i).
“Viu Free Service” has the meaning ascribed to it under Clause 2(a)(ii).
“Viu Paid Service” has the meaning ascribed to it under Clause 2(a)(ii).
“Viu Service” means the online video service currently named “Viu” which is provided to you through the Sites; and includes the Viu Free Service, Viu Paid Services and access to all programming, dramas, movies, series, shows, content, features and functions made available on the Sites.
"We" or "us" means the affiliate of Viu International Limited which owns and/or operates the Sites in your region, as set out in the Affiliate Schedule.
Affiliate Schedule
1. Hong Kong
(a) The location from which you are accessing the Viu Service: Hong Kong
(b) Unless otherwise stated, the below Affiliate of Viu International Limited provides the Viu Service: PCCW OTT (Hong Kong) Limited
(c) These Terms of Use are governed by the laws of: Hong Kong
(d) You agree to submit to the exclusive jurisdiction of the courts in the following jurisdictions: Hong Kong
2. Singapore
(a) The location from which you are accessing the Viu Service: Singapore
(b) Unless otherwise stated, the below Affiliate of Viu International Limited provides the Viu Service: PCCW OTT (Singapore) Pte. Ltd.
(c) These Terms of Use are governed by the laws of: Singapore
(d) You agree to submit to the exclusive jurisdiction of the courts in the following jurisdictions: Singapore
3. Kingdom of Thailand
(a) The location from which you are accessing the Viu Service: Kingdom of Thailand
(b) Unless otherwise stated, the below Affiliate of Viu International Limited provides the Viu Service: PCCW OTT (Thailand) Company Limited
(c) These Terms of Use are governed by the laws of: Thailand
(d) You agree to submit to the exclusive jurisdiction of the courts in the following jurisdictions: Thailand
4. Philippines
(a) The location from which you are accessing the Viu Service: Philippines
(b) Unless otherwise stated, the below Affiliate of Viu International Limited provides the Viu Service: The Viu Service within the Philippines is owned by PCCW OTT
(Philippines), Inc. but operated by Megamobile, Inc.
(c) These Terms of Use are governed by the laws of: Philippines
(d) You agree to submit to the exclusive jurisdiction of the courts in the following jurisdictions: Philippines
Updated as of 8 th September 2022
(a) Please read these terms of use (“Terms of Use”) carefully as they apply to your use of the Viu Service, which can be accessed through the Viu website at www.viu.com and the Viu application (together the “Sites” and each a “Site”). By using and/or accessing any Site you agree to be bound by these Terms of Use (as may be updated from time to time).
(b) We operate the Sites but we exercise no editorial control over some of the Content on the Sites, and in some cases other third parties provide the Content on the Sites or operate parts of the Sites or other Internet sites you may view or access through the Sites (“Third Party Providers”).
(c) We update these Terms of Use from time to time. It is your responsibility to check for updates to these Terms of Use as they take effect upon posting on any Site, because, unless otherwise required by Applicable Law, your continued use of the Sites following such variation or amendments of the terms and conditions, whether or not reviewed by you, shall constitute your acceptance to be bound by such variations or amendments.
2. Registration and Free Trials
(a) The Viu Service
(i) 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).
(ii) We provide certain parts of the Viu Service to users free of charge (the “Viu Free Service"); and certain other content, features and/or services to users who subscribe to one of our paid services, Viu Premium or Viu Premium +, upon payment of the applicable subscription fee. Viu Premium, Viu Premium +, and Viu Pass (which may be offered to customers through bundled package(s) with third party product(s)) shall collectively be referred to as the “Viu Paid Services” and individually as a “Viu Paid Service”. For more details about our Viu Free Service and Viu Paid Services, please visit https://www.viu.com/ott/prem/.
(iii) The Viu Free Service can be accessed in any territory where we offer such free service. Each Viu Paid Service is restricted for use and access only in the territory where you have subscribed for that Viu Paid Service.
(b) Using the Viu Service through a mobile network may result in mobile data charges. Please contact your mobile data service provider for more information.
(c) You may be required to register with us in order to access certain parts of the Sites
(“Post-Registration Features”). Where you are required to register:
(i) you must provide us with accurate, complete and updated registration information;
(ii) you must safeguard any username and password which we provide to you; and
(iii) you authorize us to assume that any person using any Site with your username and password is either you or authorized by you to do so.
(d) You acknowledge that your use of some Post-Registration Features may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:
(i) will apply to your use of such Post-Registration Features in addition to these Terms of Use; and
(ii) will prevail over these Terms of Use to the extent of any inconsistency.
(e) Free Trials on Smart TVs
(i) We (or others on our behalf) may offer free trial subscriptions to Viu Paid Services on specified models of Smart TVs (“Smart TV Free Trials”) and no registration is required for Smart TV Free Trials.
(ii) Your access to a Smart TV Free Trial is only available during the specified period.
(iii) Terms and conditions applicable to your eligibility, access and/or use of a Smart TV Free Trial (including but not limited to the duration of the Smart TV Free Trial) vary depending on the model and brand of Smart TV that you are using and the territory in which you are in when activating the Smart TV Free Trial.
(iv) We have the sole and absolute discretion to determine your eligibility for a Smart TV Free Trial and may without liability to you, withdraw or modify the terms or availability of a Smart TV Free Trial at any time with or without prior notice to you.
(v) Unless otherwise specified, a user may only enjoy the Smart TV Free Trial on each Smart TV once.
3. Services
(a) You acknowledge that we may at any time, in our sole discretion and with or without notice:
(i) deactivate and/or suspend the Viu Service at any time to carry out system maintenance, upgrading, testing and/or repairs;
(ii) vary the Sites (or any part thereof); and
(iii) discontinue any Site, cease providing the Viu Service (or any part thereof) and/or any Content to you.
4. Fees
(a) To the extent permitted by Applicable Law, we reserve the right at any time to:
(i) charge fees for your use of the Viu Free Service; and
(ii) to vary or amend the terms and conditions which cover such fees, for access to or use of all or some parts of the Sites.
5. Content On the Sites
(a) You have to be aged 18 or above to access or use the Viu Service and/or Content.
(b) You 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 of Use.
(c) You 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.
(d) You will in your use and/or access of the Viu Service abide by all Applicable Law and any operating and/or usage rules, as amended from time to time.
(e) Without limiting Clauses 5(b) and 5(c) above, you shall not charge for use or access to the Viu Service and/or any Content; or for access to any premises where the Viu Service and/or Content are viewed.
(f) You acknowledge that Content on the Sites is subject to copyright and possibly other intellectual property rights. Unless expressly authorized by law or permitted by us, you must not by yourself or permit any other person to:
(i) sell, reproduce, distribute, modify, display, publish, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent;
(ii) use any Content on any other website or in a networked computer environment for any purpose;
(iii) reverse engineer any Content consisting of downloadable software; and/or
(iv) otherwise infringe the intellectual property rights of any person or entity in using and/or accessing any Site or any Content.
(g) Nothing you do on or in relation to the Sites will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless this is expressly stated.
(h) You acknowledge that:
(i) we can vary, replace or withdraw any Content, channels and programs
(whether advertised or not) on the Viu Service, including changing or reducing the number of hours of broadcast of any channel or any program on the Viu Service; and
(ii) expand, reduce, withdraw and/or modify any part of the Viu Service and/or any Content, remove, disable and/or suspend transmission or streaming of the Viu Service and/or Content which we consider in our sole opinion, breaches any Applicable Law or to be otherwise unacceptable.
6. Your Use of the Sites
(a) You must not:
(i) disrupt or interfere with the Sites, Viu Service, servers, networks, software, hardware or equipment connected to or via the Sites and/or Viu Service;
(ii) violate any Applicable Law relating to your use of any Site and/or the Viu Service;
(iii) collect or store personal data about other users of the Sites and/or the Viu Service;
(iv) restrict or inhibit any other persons from using any Site and/or Viu Service, including, without limitation, by means of "hacking" or defacing any portion of any Site and/or the Viu Service;
(v) access or use the Sites, Viu Service, Content or Software for any unlawful purpose or any purpose not expressly authorised by these Terms of Use;
(vi) modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites, Viu Service, Software and/or Content;
(vii) remove any copyright, trade mark, or other proprietary rights notices contained in the Sites, Viu Service and/or Content;
(viii) copy and/or frame any part of the Sites, Viu Service and/or Content without our prior written authorisation;
(ix) 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 Sites, Viu Service and/or the Content;
(x) hack, break into, or attempt to hack or break into, in any manner the Sites, Viu Service, Software and/or any data areas on our server(s) or that of any third parties;
(xi) download, copy, store, rip, distribute, share or re-direct any Content from the Sites and/or Viu Service in any way or through any media;
(xii) incorporate any software or other materials that contain any virus, malicious code, worm, time bomb, Trojan horse, or other harmful or disruptive component;
(xiii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Sites and/or Viu Service; or
(xiv) 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.
(b) Our authorisation for you to access the Sites; and receive the Viu Service and the Content is conditional upon your strict compliance with each of these Terms of Use.
(c) We may at any time employ and/or install software in any device(s) used by you, where it is necessary for purposes of detecting any unlawful downloading, copying, storing, ripping, distribution, sharing or re-direction of any Content from the Sites and/or Viu Service in any way or through any media.
(d) 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 Sites, 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, its speed and/or bandwidth that may be caused by the Sites and/or Viu Service.
(e) You may access the public posts of the social media profile (such as Facebook pages) of others through specified features within the Sites and/or 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 Sites and/or Viu Service, and that by linking to these Facebook pages does not mean we endorse in any way the content of such posts in the relevant Facebook pages. The Facebook “f” logo, the “Like” button, the “Share” button are all trade marks, and/or trade names and properties of Facebook.
(f) In relation to Software:
(i) You may from time to time be requested by us, to download Software and we hereby grant to you a non-exclusive, revocable and non-transferable license for you to store, run and use the Software on your devices in accordance with these Terms of Use and any software license which accompanies the Software but not further or otherwise;
(ii) You agree to download and install the Software in such personal devices to be used by you for accessing and/or installing the Sites and Viu Service; and
(iii) 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.
7. Third Party Providers
(a) You acknowledge that parts of the Sites and parts of the Content are provided or maintained by Third Party Providers and not by us.
(b) 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.
(c) Your use of third party web pages linked to the Sites and/or 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 of Use and will prevail over these Terms of Use to the extent of any inconsistency.
8. Links and Advertisements
(a) We have no control over any third party web sites linked to the Sites and/or 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 Sites and/or Viu Service (including without limitation sites linked through advertisements).
(b) Some links which appear on the Sites and/or Viu Service 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.
(c) Your correspondence or dealings with, or participation in promotions of, advertisers on the Sites and/or Viu Service 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 Sites and/or Viu Service.
(d) We may use third-party advertising companies including but not limited to Google Ad, Oracle Data Cloud, Integral Ad Science, Lotame and Nielsen to track and/or measure advertising effectiveness and/or enhance our user experiences on the Sites, Viu Service 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 Sites, Viu Service and other web sites to measure advertising effectiveness and provide advertisements about goods and services of interest to you.
(e) 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 access the Sites and/or Viu Service through your Facebook account login), in order to provide the Viu Service and advertisements about goods and services of interest to you.
9. Device ID and other information relating to web browsing
(a) During your use and/or access of any Sites, we will compile information relating to the activity of the device which is being used to surf the Sites including device IDs, "cookies" and browsing behaviour. By using a Site, you have agreed to our use of the device IDs and/or cookies in accordance with our Personal Information Collection Statement (https://www.viu.com/ott/hk/en-us/copyright-statement/privacy), Privacy Statement (http://www.pccw.com/privacy-statement/index.page?locale=en) and Cookie Statement.
(b) We use third-party advertising companies to serve ads on our Sites. These companies may use activity information (not including your name, address, email address or telephone number) of the device (including device IDs and/or cookies) in this and other websites to measure advertising effectiveness and provide advertisements which may be of interest to you.
(c) We and/or our data processor may transfer device IDs and/or cookies to a third party service provider engaged by us who is located outside of Hong Kong. You have agreed to the transfer of device IDs and/or cookies to such third party service providers. We will ensure that the third party service provider has in place data protection measures and policies that are no less stringent than those of ours.
10. The Use of the Sites and Viu Service Is At Your Risk
(a) You use the Sites and the Viu Service at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Sites and the Viu Service is for information purposes only. You should seek your own independent advice with respect to any Content.
(b) We endeavour to provide convenient and functional Sites, but we do not guarantee that the Content will be error free or that the Sites or the servers that operate them are free of viruses or other harmful components.
(c) If your use of the Sites and/or Viu Service results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
(d) Without limiting the above provisions, you agree that the Sites and 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:
(i) as to the title, quality, fitness for a particular purpose, merchantability, accuracy, completeness, or standard of quality and resolution, transmission continuity and timeliness of the Sites, Viu Service, the Software and/or any Content;
(ii) that the Sites, Viu Service, Software and/or Content will meet your requirements;
(iii) that your access to and use of the Viu Service, Sites and/or Content will be uninterrupted, free of delay or error, free of viruses, malicious code or other harmful components or otherwise secure;
(iv) any obligation to maintain the confidentiality of information (although our current practice is to maintain such confidentiality);
(v) the results to be obtained from use of any part of the Sites, Viu Service, Software and/or any Content unless otherwise specifically mentioned in these Terms of Use; and
(vi) that installation or presence of, any Site or Software in your devices, or the Viu Service and/or Content, will not affect the availability or usability of other software, applications, content and/or services.
(e) If the applicable jurisdiction in the Affiliate Schedule, does not allow the exclusion of implied warranties in accordance with paragraph (d) but allows limitations of a certain maximum extent then we limit our warranties to that extent.
(f) We do not exercise any editorial control over certain Content and do not make any claims as to the truth in such Content.
(g) You acknowledge that certain programs and other Content on the Sites and Viu Service are provided by third party providers, not by us and therefore the availability of Content and programs are outside our control.
(h) 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.
(i) You acknowledge that the Content solely expresses the view of the speaker of the Content, and not our views or any entity associated with us.
(j) We disclaim liability for all Content available on the Sites and Viu Service.
(k) 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.
(l) To the fullest extent permitted by law, we expressly disclaim any liability for:
(i) any damage to or loss of data suffered by you arising from your use of the Sites, Viu Service, Software and/or any Content;
(ii) 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;
(iii) any claim relating to any part of the Sites, Viu Service and/or any Content supplied, provided, sold or made available by or through the Sites and/or Viu Service (or any failure or delay to so supply, provide, sell or make available);
(iv) any disruption, suspension, delay or failure of the Sites and/or Viu Service or any part thereof which is attributable to an event or circumstance beyond our reasonable control; and
(v) any infringement of intellectual property rights arising from your use of the Sites, Viu Service, Software and/or any Content.
11. Limitation of Liability and Indemnity
(a) To the fullest extent permitted by Applicable Law, we will under no circumstances:
(i) accept any liability whatsoever for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the Sites, Viu Service and Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage; and
(ii) pay more than Hong Kong One Hundred Dollars (HK$100) in compensation
(even if we have been negligent) for any liabilities under these Terms of Use, Viu Service, Content, Software and any other goods supplied and/or provided by us.
(b) You agree to indemnify us, our affiliates, agents, directors, officers, employees, content providers, sub-contractors, licensors and/or agents against any actions, liability, costs, claims, losses, damages, proceedings and/or expense arising from, in connection with or which is related to:
(i) your use or others’ use of the Sites, Software, Viu Service and/or the Content through your devices and/or registered account; and
(ii) any breach or non-observance of any of these Terms of Use by you.
12. Survival The provisions of these Terms of Use entitled "The Use of the Sites and Viu Service Is At Your Risk ", "Limitation of Liability and Indemnity" and "General Provisions" will survive cancellation or termination of your Viu account or termination of your subscription for any Viu Paid Service.
13. Notices
(a) Subject to the Applicable Law, we will give you any necessary notices by posting them on the Sites. You agree:
(i) to check the Sites for notices; and
(ii) that you will be considered to have received a notice when it is posted on the Sites.
14. General Provisions
(a) If any provisions of these Terms of Use 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 of Use. 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 of Use, but all other provisions of these Terms of Use shall continue in full force and effect.
(b) The governing law of and forum for dispute resolution relating to these Terms of Use shall be as set out in the Affiliate Schedule. All disputes arising in connection with these Terms of Use, shall be submitted to the jurisdiction of the courts in the Affiliate Schedule, depending on the location from which you are using and/or accessing the Sites and/or Viu Service.
(c) Our failure to enforce any rights or provisions under these Terms of Use shall not constitute a waiver of such or any other provision.
(d) We shall not be liable or responsible for any failure to fulfill any of our obligations due to causes beyond our reasonable control.
(e) Should there be any inconsistencies between the English version and any other language versions (if any) of these Terms of Use, the English version shall prevail.
(f) Subject to Applicable Law, 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.
(g) A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) or any similar legislation in any jurisdiction to enforce any part of these Terms of Use.
15. Definitions
“Affiliate Schedule” means the Affiliate Schedule at the end of these Terms of Use.
“Applicable Law” in relation to any person, entity, action or thing means the following in relation to that person, action or thing:
(a) any law, rule or regulation of any country (or political sub-division of a country);
(b) any obligation under any license in any country (or political sub-division of a country); and
(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
"Content" includes things that you may see, read, hear, download or access on or via the Sites
(including but not limited to programming, dramas, movies, series, shows, user interface, features, functionalities, layout, messages, files, data, object codes, software, images, photographs, illustrations, text and other materials).
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
“Software” means software, applications and/or programs from or used to access, the Viu Service.
“Smart TV” means a TV that incorporates an internet-enabled operating system or platform that allows you to access, manage, and view online and network-based media content through a range of applications.
“Smart TV Free Trials” has the meaning ascribed to it under Clause 2(e)(i).
“Viu Free Service” has the meaning ascribed to it under Clause 2(a)(ii).
“Viu Paid Service” has the meaning ascribed to it under Clause 2(a)(ii).
“Viu Service” means the online video service currently named “Viu” which is provided to you through the Sites; and includes the Viu Free Service, Viu Paid Services and access to all programming, dramas, movies, series, shows, content, features and functions made available on the Sites.
"We" or "us" means the affiliate of Viu International Limited which owns and/or operates the Sites in your region, as set out in the Affiliate Schedule.
Affiliate Schedule
1. Hong Kong
(a) The location from which you are accessing the Viu Service: Hong Kong
(b) Unless otherwise stated, the below Affiliate of Viu International Limited provides the Viu Service: PCCW OTT (Hong Kong) Limited
(c) These Terms of Use are governed by the laws of: Hong Kong
(d) You agree to submit to the exclusive jurisdiction of the courts in the following jurisdictions: Hong Kong
2. Singapore
(a) The location from which you are accessing the Viu Service: Singapore
(b) Unless otherwise stated, the below Affiliate of Viu International Limited provides the Viu Service: PCCW OTT (Singapore) Pte. Ltd.
(c) These Terms of Use are governed by the laws of: Singapore
(d) You agree to submit to the exclusive jurisdiction of the courts in the following jurisdictions: Singapore
3. Kingdom of Thailand
(a) The location from which you are accessing the Viu Service: Kingdom of Thailand
(b) Unless otherwise stated, the below Affiliate of Viu International Limited provides the Viu Service: PCCW OTT (Thailand) Company Limited
(c) These Terms of Use are governed by the laws of: Thailand
(d) You agree to submit to the exclusive jurisdiction of the courts in the following jurisdictions: Thailand
4. Philippines
(a) The location from which you are accessing the Viu Service: Philippines
(b) Unless otherwise stated, the below Affiliate of Viu International Limited provides the Viu Service: The Viu Service within the Philippines is owned by PCCW OTT
(Philippines), Inc. but operated by Megamobile, Inc.
(c) These Terms of Use are governed by the laws of: Philippines
(d) You agree to submit to the exclusive jurisdiction of the courts in the following jurisdictions: Philippines
Updated as of 8 th September 2022
PCCW OTT (Hong Kong) Limited 2011-2024 All Rights Reserved.