Monthly Subscribers | Voucher Card Users

Terms & Conditions for Monthly Subscribers

It is hereby agreed by and between the Subscriber, the person whose name and address are set out in the Subscription Form ("the Subscriber") and Skywave TV Company Limited, a company incorporated in Hong Kong whose registered office is situated at 17/F, The Lee Gardens, 33 Hysan Avenue, Causeway Bay, Hong Kong ("Skywave") for the provision of the Services as follows:

1. Definitions

1.1 In this Agreement, unless the context otherwise requires, the following terms shall have the following meanings:

`"Agreement" means this agreement, the Subscription Form for the Services, and guidelines or directions of Skywave with respect to the Services, which may be amended by Skywave from time to time.

"Equipment" means the hardware (including without limitation the antenna dish, LNBF unit, cabling, connectors, Set-Top-Box and SMART Card) that is purchased and used by the Subscriber to access the Services;

"Fees" means any applicable fees and charges including, without limitation, the monthly subscription fee, access fees, handling charges, and other fees and charges as may be charged by Skywave from time to time for the service in accordance with the prevailing packages and pricing;

"Services" means each and all of the subscription television services offered by Skywave and/or selected by the Subscriber as specified in the Service Registration Form.

"Subscriber" means the person or persons named as subscriber on the Service Registration Form subscribing the service provided by Skywave who must be at least 18 years old.

2. Skywave's Rights and Obligations

2.1. Skywave's provision of the Services does not include the Equipment, the installation of the Equipment, or any ground based transmission facilities. Skywave shall have no obligation whatsoever, nor shall Skywave be liable for any direct or indirect damage or loss, arising from or connected with such Equipment.

2.2. Skywave shall not be liable for any default or failure in performing its obligations under this Agreement resulting directly or indirectly from strikes or labor disputes, a shortage of suitable parts or components, the Subscriber's operation and use of the Equipment, any damage caused by weather, the failure of Subscriber to comply with this Agreement and any accident beyond the control of the parties.

2.3. Skywave is entitled to change the contents of any channel and the number of channels available at any time at its sole discretion and without prior notice to the Subscriber.

2.4. To the maximum extent permitted by law, the Subscriber acknowledges that any implied term or condition is hereby excluded. In particular, Skywave does not warrant that the Equipment will be compatible with the Services (including any subsequent upgrade thereof), nor does Skywave warrant that the Subscriber will be able to use the Services (which is dependant on a number of factors, including where the Subscriber will locate the Equipment), or that any of the Services will not be interrupted or error free.

2.5. Skywave will use reasonable efforts to restore the Services as soon as reasonably practicable in the event of interruption or degradation of the Services. No credit or adjustment to the Fees or compensation will be given for loss of signal or any interruption or degradation of Services that are beyond the control of Skywave.

2.6 Skywave reserves the right at all times to :

(a) immediately suspend or limit the Subscriber's access to the Services without notice or to take such action as is appropriate, desirable or necessary in the reasonable opinion of Skywave in the event that the Subscriber has breached any of the terms herein contained;

(b) amend the Fees or introduce new fees or charges or amend any of the terms and conditions of this Agreement. Such amendments shall take effect 14 days after a notice is given to the Subscriber or is posted on the web site of Skywave. If the Subscriber does not agree to such amendments, the Subscriber may give notice to terminate this Agreement in accordance with Clause 5.1;

(c) deactivate all or any of the Services without notice in order to carry out system maintenance, upgrade, testing, and/or repairs. No credit, refund or compensation will be given in respect of such deactivation when any part of Services is down, suspended or inoperative;

(d) expand, amend, reduce and/or modify the Services at its absolute discretion without prior notice to the Subscriber; and

(e) refuse to provide the Services on a particular channel or package of channels to Subscribers or applicants for the Services :

(i) who are unable to provide supporting evidence or documentary proof that he/she is at or above the age of 18; and/or

(ii) who are in areas where reception of the said channel or package of channels is not allowed.

3. Subscriber's Obligations, Acknowledgments and Undertakings

3.1 The Subscriber shall pay the Fees in accordance with the terms of this Agreement and the payment schedule or other directions as directed by Skywave from time to time.

3.2 The Subscriber shall submit true and complete information in respect of application for the Services and payment to Skywave and shall inform Skywave within 14 days of any change of such information.

3.3 The Subscriber shall not assign, transfer or sub-license all or any part of its rights or obligations under this Agreement.

3.4 The Subscriber agrees and undertakes that it will use the Services for private home only. The Subscriber further undertakes not to connect the Equipment or Services to more than one television The Subscriber shall not in any way or means carry out any act that would infringe any intellectual property rights of Skywave or any content provider of Skywave's programs.

3.5 The Subscriber shall abide by the Terms and Conditions of this Agreement, all relevant laws of the Hong Kong Special Administrative Region and any operating rules as amended by Skywave and the relevant authorities from time to time.

3.6. Subscriber acknowledges and agrees that the Services may not be rebroadcast, transmitted, recorded or performed, nor shall any fee be charged for listening to or viewing the Services.

3.7 Unless the Subscriber has notified Skywave to the contrary, the Subscriber consents to Skywave using any personal data (as defined in the Personal Data (Privacy) Ordinance) as required by applicable law, for its own internal and direct marketing purposes and for supplying to any other company in Skywave's group or selected third parties for such purposes as may be necessary for the operation of the Services, such as for the carrying out of credit checks against the Subscriber or for debt collection purposes. The Subscriber consents to Skywave in "matching" (as defined in the aforesaid Ordinance) any such personal data with data collected for other purposes and/or from other sources (including third parties) for these and other purposes. The Subscriber also consents to any such personal data being transferred to another legal jurisdiction outside Hong Kong that may not have laws protecting the Subscriber's personal data similar to the aforesaid Ordinance. The Subscriber is entitled at any time by written notice, to request access to the personal data held by Skywave about the Subscriber and to correct such information. Skywave may impose a modest charge to cover the costs of complying with such requests.

3.8 The Subscriber acknowledges that any special offer/benefit or promotional offer/benefit (if any) given to the Subscriber is non-redeemable and non-transferable and the Subscriber has no right to claim for cash /monetary items or exchange the offer/benefit for cash/monetary items. Skywave shall have the absolute right and discretion to change or withdraw such offer/benefit from time to time without giving any prior notice to the Subscriber.

4. Equipment

4.1. The Subscriber shall purchase the Equipment and insert the Smart Card into its Set-Top-Box to use the Services. Any tampering or other unauthorized modification to the Smart Card is a criminal offence that is strictly prohibited and may result in the instigation of criminal charges and termination of the Services.

4.2. Skywave shall not be responsible for any design or manufacturing fault of the Equipment. It is the responsibility of the Subscriber to ensure that the Equipment is compatible and properly installed to use the Services.

4.3 The Subscriber agrees :

(a) to ensure that, prior to the Equipment being brought into use, any instructions or manuals supplied therewith will be fully understood and observed;

(b) to take such steps as may be recommended by Skywave or may otherwise be necessary to use the Equipment in a safe and accurate manner; and

(c) to restrict children or adolescents from accessing programmes, and channels that are inappropriate or not intended for their age.

5. Termination

5.1 Either the Subscriber or Skywave may terminate this Agreement by giving not less than one calendar month prior written notice to the other party to that effect. The effective date of termination under this situation shall not be earlier than the expiry date of any pre-payment plan or the last date of the Services covered by any payment that has been debited or charged to the Subscriber's designated credit card or bank account.

5.2 Skywave may terminate this Agreement forthwith at any time without any prior notice if :-

(a) the Subscriber breaches any term of this Agreement;

(b) the Subscriber fails to pay the Fees when it falls due; or

(c) any relevant license or approval required for the delivery of the Services or the offer of Skywave's business is withdrawn, suspended or is amended such that the provision of the Services to the Subscriber under the terms of this Agreement can no longer be affected or is prohibited.

5.3 Upon the effective date of termination of this Agreement, all licenses, rights and privileges granted to the Subscriber under the terms of this Agreement shall forthwith cease and become void.

5.4 Any termination of this Agreement shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in this Agreement, which is expressly or by implication, intended to come into or continue in force on or after such termination.

5.5 The Subscriber shall settle all outstanding fees and charges payable to Skywave upon termination of this Agreement. Skywave shall be entitled to charge or debit the amount outstanding from the Subscriber's designated credit card, charge card or bank account after termination of this Agreement if there remains any amount outstanding.

5.6 If at any time the Subscriber terminates the Services before the Agreement expiry date or the Subscriber commits a breach of the terms of the Agreement, the Subscriber has to pay a termination charge for an amount equal to the total Fees for the remaining months of the Agreement term.

5.7 A cancellation fee will be charged for any application order cancellation before the installation date.

6. Payment

6.1 The Subscriber agrees to pay the full amount of the Fees on or before the specified due date for payment without any setoff or deduction.

6.2 The Subscriber hereby authorizes Skywave to charge or debit from the Subscriber's designated credit card, charge card or bank account with the full amount of the Fees at any time before the due date for payment and such authorization shall continue to take effect even after the expiry date of that particular card.

6.3 No invoice will be sent to the Subscriber for the Fees unless so requested by the Subscriber and upon payment by the Subscriber of a handling fee.

6.4 The Subscriber agrees that Skywave may set off any amount owed by the Subscriber under this Agreement against any amount owed by Skywave to the Subscriber including, but not limited to, any deposit paid by the Subscriber or any credit in the Subscriber's account (whether related to the Services or this Agreement or not).

6.5 If the Subscriber fails to settle any amount owing by the due date, Skywave shall have the right to charge interest on any outstanding amount at the rate of 2% per month until the outstanding amount is paid in full and to charge a handling fee, collection agency fee, reconnection fee and/or to require a security deposit if the Subscriber's access to the Service is suspended or terminated before full payment is made.

6.6 All Fees paid are non-refundable and non-transferable.

6.7 The Subscriber acknowledges and agrees that Skywave may engage a debt collection agency to collect any outstanding amount due to Skywave and that Skywave may disclose any information of the Subscriber to the debt collection agency. Skywave shall not be responsible or liable for any acts or omissions of the debt collection agency.

7. General

7.1 Skywave shall have the right to refuse any Subscriber's application to the Services.

7.2 If any provision of this Agreement becomes or is declared illegal, unenforceable or invalid for any reason, such provision shall be deleted from this Agreement and no longer incorporated herein but all other provisions of this Agreement shall stand.

7.3 References to the plural shall include the singular and vice versa. Words importing gender shall include every gender. References herein to any person shall include references to an individual, firm, body corporate or unincorporated.

7.4 This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region and the parties hereby submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

7.5 This Agreement is written in the English and Chinese languages. In the event of any inconsistency between the English and Chinese versions, the English version shall prevail. Both English and Chinese versions of the Agreement are available in the following website : http//www.skywavetv.com.

 

Subscription Agreement for Voucher Card Users

Upon the purchase and activation of the Voucher Card, the Subscriber agrees to the following terms and conditions :

1. Definitions

1.1 In this Agreement, unless the context otherwise requires, the following terms shall have the following meanings:

`"Agreement" means this agreement, and guidelines or directions of Skywave with respect to the Services, which may be amended by Skywave from time to time.

"Equipment" means the hardware (including without limitation the antenna dish, LNBF unit, cabling, connectors, Set-Top-Box, and SMART Card) that is purchased and used by the Subscriber to access the Services;

"Services" means each and all of the subscription television services offered by Skywave and/or selected by the Subscriber via Voucher Card(s);

"Skywave" means Skywave TV Company Limited, a company incorporated in Hong Kong whose registered office is situated at 23/F, East Exchange Tower, 38 Leighton Road, Hong Kong;

"Subscriber" means the person(s) who has purchased the Voucher Card(s) from Skywave or its distributor agents and has activated the same for the Services. Subscribers must be at least 18 years old.

"Voucher Card" means the voucher card that is purchased by the Subscriber for the Services with a specified viewing period.

2. Skywave's Rights and Obligations

2.1. Skywave's provision of the Services does not include the Equipment, the installation of the Equipment, or any ground based transmission facilities. Skywave shall have no obligation whatsoever, nor shall Skywave be liable for any direct or indirect damage or loss, arising from or connected with such Equipment.

2.2. Skywave shall not be liable for any default or failure in performing its obligations under this Agreement resulting directly or indirectly from strikes or labor disputes, a shortage of suitable parts or components, the Subscriber's operation and use of the Equipment, any damage caused by weather, the failure of Subscriber to comply with this Agreement and any accident beyond the control of the parties.

2.3. Skywave is entitled to change the contents of any channel and the number of channels available at any time at its sole discretion and without prior notice to the Subscriber.

2.4. To the maximum extent permitted by law, the Subscriber acknowledges that any implied term or condition is hereby excluded. In particular, Skywave does not warrant that the Equipment will be compatible with the Services (including any subsequent upgrade thereof), nor does Skywave warrant that the Subscriber will be able to use the Services (which is dependant on a number of factors, including where the Subscriber will locate the Equipment), or that any of the Services will not be interrupted or error free.

2.5. Skywave will use reasonable efforts to restore the Services as soon as reasonably practicable in the event of interruption or degradation of the Services. No credit, refund or compensation will be given for loss of signal or any interruption or degradation of Services that are beyond the control of Skywave.

2.6 Skywave reserves the right at all times to :

(a) immediately suspend or limit the Subscriber's access to the Services without notice or to take such action as is appropriate, desirable or necessary in the reasonable opinion of Skywave in the event that the Subscriber has breached any of the terms herein contained;

(b) amend the charges for the Voucher Card(s) or amend any of the terms and conditions of this Agreement. Such amendments shall take effect 14 days after a notice is given to the Subscriber or is posted on the web site of Skywave. Any change in the Voucher Card charge will not affect the validity of existing Voucher Cards already purchased or used by Subscribers up to the end of their respective viewing periods;

(c) deactivate all or any of the Services without notice in order to carry out system maintenance, upgrade, testing, and/or repairs. No credit, refund or compensation will be given in respect of such deactivation when any part of Services is down, suspended or inoperative;

(d) expand, amend, reduce and/or modify the Services at its absolute discretion without prior notice to the Subscriber; and

(e) refuse to provide the Services on a particular channel or package of channels to Subscribers or applicants for the Services :

i. who are unable to provide supporting evidence or documentary proof that he/she is at or above the age of 18; and/or

ii. who are in areas where reception of the said channel or package of channels is not allowed.

3. Subscriber's Obligations, Acknowledgments and Undertakings

3.1 The Subscriber shall purchase the Equipment and the Voucher Card, insert the Smart Card into its Set-Top-Box and activate the Voucher Card to use the Services. Any tampering or other unauthorized modification to the Smart Card and/or the Voucher Card is a criminal offence that is strictly prohibited and may result in the instigation of criminal charges and termination of the Services.

3.2 The Subscriber shall not assign, transfer or sub-license all or any part of its rights or obligations under this Agreement.

3.3 The Subscriber agrees and undertakes that it will use the Services for private home only. The Subscriber further undertakes not to connect the Equipment or Services to more than one television. The Subscriber shall not in any way or means carry out any act that would infringe any intellectual property rights of Skywave or any content provider of Skywave's programs.

3.4 The Subscriber shall abide by the Terms and Conditions of this Agreement, all relevant laws of the Hong Kong Special Administrative Region, and/or applicable laws in the jurisdiction that he/she is subject under, as well as any operating rules as amended by Skywave and the relevant authorities from time to time.

3.5 Subscriber acknowledges and agrees that the Services may not be rebroadcast, transmitted, recorded or performed, nor shall any fee be charged for listening to or viewing and the Services.

3.6 The Subscriber acknowledges that any special offer/benefit or promotional offer/benefit (if any) given to the Subscriber is non-redeemable and non-transferable and the Subscriber has no right to claim for cash /monetary items or exchange the offer/benefit for cash/monetary items. Skywave shall have the absolute right and discretion to change or withdraw such offer/benefit from time to time without giving any prior notice to the Subscriber.

4. Equipment

4.1 Skywave shall not be responsible for any design or manufacturing fault of the Equipment. It is the responsibility of the Subscriber to ensure that the Equipment is compatible and properly installed to use the Services.

4.2 The Subscriber agrees:

(a) to ensure that, prior to the Equipment being brought into use, any instructions or manuals supplied therewith will be fully understood and observed;

(b) to take such steps as may be recommended by Skywave or may otherwise be necessary to use the Equipment in a safe and accurate manner; and

(c) to restrict children or adolescents from accessing programmes, and channels that are inappropriate or not intended for their age.

5. Termination

5.1 This Agreement is terminated forthwith with respect to the Services that discontinue upon the end of the Voucher Card's specified viewing period.

5.2 Skywave may terminate this Agreement forthwith at any time without any prior notice if :-

(a) the Subscriber breaches any term of this Agreement; or

(b) any relevant license or approval required for the delivery of the Services or the offer of Skywave's business is withdrawn, suspended or is amended such that the provision of the Services to the Subscriber under the terms of this Agreement can no longer be affected or is prohibited.

5.3 Upon the effective date of termination of this Agreement, all licenses, rights and privileges granted to the Subscriber under the terms of this Agreement shall forthwith cease and become void.

5.4 If at any time the Subscriber terminates the Services before the end of the Voucher Card's specified viewing period or if this Agreement is terminated by Skywave pursuant to Clauses 5.2, the Subscriber will not be entitled to a refund in respect of any remaining or unutilized value on their Voucher Cards.

6. General

6.1 Skywave or its distribution agents shall have the right to refuse to sell the Voucher Cards to any person.

6.2 If any provision of this Agreement becomes or is declared illegal, unenforceable or invalid for any reason, such provision shall be deleted from this Agreement and no longer incorporated herein but all other provisions of this Agreement shall stand.

6.3 References to the plural shall include the singular and vice versa. Words importing gender shall include every gender. References herein to any person shall include references to an individual, firm, body corporate or unincorporated.

6.4 This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region and the parties hereby submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

6.5 This Agreement is written in the English and Chinese languages. In the event of any inconsistency between the English and Chinese versions, the English version shall prevail. Both English and Chinese versions of the Agreement are available in the following website : http//www.skywavetv.com.