This personal information collection statement (“PICS”) for TVB Publications Limited (“TVBP”) applies only to information submitted and collected through your use of our websites www.tvbweekly.com and www.tvbeventpower.com.hk (collectively, “Service Websites”), registering or applying to take part in any of our games contests or activities, purchasing/subscribing/accessing/using our product(s) or services (collectively “Service”) (“we”, “us” or “our”). By submitting your personal identifiable information, you agree to the terms of this PICS, as updated from time to time. This PICS is incorporated into and forms part of our general terms and conditions for the use of our Service Websites/Service (“T&C”).

We regularly review this PICS and its terms and conditions by updating it on our Service Websites. By continuing to use our Service Websites/Service after any amendments to this PICS, you are agreeing to this PICS as revised, so please do visit our Service Websites periodically for updates.

COLLECTION OF PERSONAL DATA

3. We collect your personal data when you access or apply for our Service or register to be a user of our Service. It is also the case that data relating to your access or use of our Service Websites and Service are collected from you when you use our Service Websites and Service.

Personal information that we may collect from you includes information you provide when you:

• use or register to access our Service;
• enroll to take part in any of our activities; and/or
• request/purchase a product or service from us.

Information so collected may include:

• (a) your salutation, first name and surname, mobile telephone number, region, gender, email address, age range/year and month of , nickname and password;
• information you provide to our support service or during other customer communications;
• where applicable, information about your computer, phone or other web enabled device (collectively, the “Device”), which may include mobile app token, the types and configurations of browsers, language settings, geo-location and location of your device, device type/manufacturer, Internet Protocol (IP) address (and domain names), operating system type and version, network type, and Internet service providers; and
• information about your usage of the Service Websites and/or the Service, which may include the time/duration and the contents and pages visited or our Service used (access log). Please see Paragraph 18 for further information.

Should you be on occasion providing personal data concerning a third party to us, in each of such event, you are required to comply with the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (“Ordinance”) by first obtaining the authorization of such individual(s) before using, disclosing and transferring their personal data to us (including giving consent on their behalf to our possible use, disclosure and transfer of their personal data) for the relevant Purposes (as defined in Paragraph 7 below). We may require you to provide us with any supporting documents which may be necessary to prove such authorization. You should also advise such individual(s) that we can be contacted for further information.

USE OF PERSONAL DATA

You must provide to us the personal data as set out in Paragraph 5 above if you want us to process your application or registration to our Service. Personal data provided by you will be used by us for the following purposes and any purposes related to and/or for the furtherance of any of these purposes (collectively “Purposes”):

• application, administration, continuation and termination of the use of our Service;
• enabling the provision of our Service;
• processing and completing transactions requested by you;
• facilitating communication between you and us, so that we can send you news about our Service such as features, content available on the Service, technical notices, updates, security alerts, etc.;
• to the extent permissible under applicable laws, direct marketing of our Service, notifying you of promotion, special offers or new products information;
• conducting credit reference checks;
• processing billing and payment, determining amounts outstanding, and, if necessary, collection of outstanding payments;
• enabling the daily operation of and managing your user accounts in relation to the Service;
• handling and following up service calls, enquiries and complaints;
• verifying your identity;
• enabling us to comply with our obligations to interconnect and other industry practices;
• meeting the requirements to make disclosure to any governmental authority in Hong Kong and overseas jurisdictions under the requirements of any law binding on us;
• enabling us to provide other services better tailored to your needs;
• enabling us to provide you with the most effective service in different locations, devices, connectivity and situations;
• helping us to monitor and analyze trends, usage and activities in connection with our Service;
• conducting research in relation to our Service provided by us;
• enabling us to better understand the demographics of our users;
• performing statistical analysis of your behavior and interest in any service provided by us;
• customer profiling;
• making suggestions and recommendations to you and other users of our Service or goods and services that may interest you or them;
• if it becomes necessary that we have to take action against you for any reason whatsoever including without limitation recovering from you any money you owe us, you expressly agree that the personal data provided by you can be relied upon in identifying and taking legal action against you;
• to the extent as permitted by applicable law and subject to your consent (see Paragraph 10 below), communicating with you, either directly or through one of our affiliates or partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us; and
• any other purposes as may be agreed by you from time to time.

You warrant to: (a) provide us true, accurate, current and complete personal data about yourself; and (b) update the foregoing data from time to time. We may suspend or terminate your user account (where applicable) or refuse your access to any of our Service or any part thereof without notice or accepting any liability if we suspect that you have breached this provision.

DIRECT MARKETING AND USE OF YOUR DATA

Subject to your consent, we intend to use the personal data you provided us as set out in Paragraph 5 above for direct marketing purposes.

We may not so use your personal data unless we have received your consent (which includes an indication of no objection). We may use your personal data in relation to the following classes of products and services that we, other companies in the group of companies of our parent company Television Broadcasts Limited (“TVB Group”), and our business partners may offer:

• products, services, news, rewards, promotions and events related to or offered by us and/or the TVB Group and/or our business partners;
• joint promotion rewards and with merchants and business partners offering discount and other benefits to use of our Service from and in relation to products and services of or relating to the following industries: entertainment, media and public relations, telecommunications internet connectivity, mobile applications and software, computer peripheral), lifestyle, retail, leisure and sports, sports activities and membership, spa and relaxation activities, household, apparel, food and beverage, transportation and tourism, software, fashion and accessories, electronics, e-commerce, music, gaming, education, environmental, health and wellness, non-profit, information technology, social networking, parenting, financial and property.

The above direct marketing may be conducted by us and/or:

• any of the companies within the TVB Group;
• our business partners providing any of the products and/or services set out in Paragraph 10 above;
• by an agent on behalf of us, any member company of the TVB Group or our business partners providing the aforesaid products and services.

For such purposes, your personal data held by us described in Paragraph 10 above may be provided to all or any of the persons described in this paragraph for gain for use by them in marketing those products and services. Details of the legal entities within the TVB Group can be found in our latest annual report.

We may not so use or provide your personal data unless exempted from the Ordinance or we have received your written consent (which includes an indication of no objection).

If you wish to withdraw your consent to the use and provision of your personal data for direct marketing at any time, you may opt-out of receiving such materials or communications from the relevant company within the TVB Group and/or our business partners by writing a request to us together with your user name and email address at the following addresses:

▪ For TVB Weekly: tvbweekly@tvb.com.hk
▪ For TVB Event Power: eventpower@tvb.com.hk

We may ask you to provide certain details about yourself so that we can be sure you are the person to whom the personal data refers. We shall seek to remove your personal data from our list for direct marketing within ten (10) working days after we receive your notification.

DISCLOSURE

We will take all practicable and reasonable steps to protect personal data from unauthorized or accidental access, disclosure, misuse or processing, or from alteration, destruction or loss. We may transfer and/or disclose such data to the following parties for any of the Purposes as set out in this PICS:

• (a) our employees and officers;
• any agents, suppliers, contractors, professional advisors, insurers, other network operators or third party service providers who provide administrative, telecommunications, computer and other services to us and/or the relevant service(s) in connection with our Service;
• any person to whom we are under an obligation to make disclosure under the requirement of any law binding on us or for the purposes of any guidelines or codes of practice issued by regulatory or other authorities with which we are expected to comply;
• any actual or proposed assignee, transferee or successor of or to our rights in respect of your personal data if we decide to sell any relevant part of our business;
• governmental or regulatory authorities or other third parties assisting us in detecting, investigating, preventing or otherwise addressing fraud, security, or technical issues.

We may also transfer any information we hold about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of a corporate reorganization or other change in corporate control. If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, we will ensure the confidentiality of any of your personal data involved (if any) in such transactions and provide reasonable notice before your personal data are transferred and becomes subject to a different PICS policy. An update to this PICS will be posted on the Service Websites (www.tvbweekly.com and www.tvbeventpower.com.hk) subsequently.

We may transfer and/or disclose necessary such data in connection with the establishment of legal claims or defences, to obtain legal advice, to exercise and defend our legal rights or to protect the life, body or property of any individual. This also applies when we have ground to believe that disclosing the personal data is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by activities causing such interference.

If necessary, we may transfer your personal data to places outside Hong Kong or from the country you are located for carrying out the Purposes (or the directly related purposes) specified in Paragraph 7 above, for which the personal data were collected. Where such a transfer is performed, it will be done in compliance with the prevailing requirements of the Personal Data (Privacy) Ordinance, Cap 486 of the laws of Hong Kong.

COOKIES

Cookies are small bits of information that are automatically stored on your device when you visit the Service Websites. A cookie can be used to identify a Device, but it is not used to collect personal information of an individual user of the Service Websites. The information collected by “cookies” is anonymous aggregated research data and contain no name or address information or any information that will enable anyone to contact you via telephone, e-mail or any other means. The information so collected will be used for compiling aggregate statistics on how visitors browse our Service Websites and for the purpose of managing and improving design of our Service Websites and/or Service. Some of the cookies are required by the Service Websites to enable you to transact whilst other cookies enable us to give you an enhanced, personalized browsing experience. Whilst most web browsers automatically accept cookies, you can edit your browser options to block them. However, if you do so, you may not be able to use some of the functions or access certain areas of the Service Websites. By accessing or using the Service Websites, you consent to the use of these cookies.

SECURITY OF PERSONAL DATA

Except as provided in Paragraphs 10 to 18 above, your personal data will be accessed only by our employees or contractors who are authorized to do so. Employees and contractors designated to handle personal data will be instructed to do so only in accordance with this PICS. We have implemented reasonable security measures to safeguard your personal data from unauthorized access, disclosure, use and modification. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and no transmission over the Internet can be guaranteed to be completely secure.

RETENTION OF PERSONAL DATA

We will retain your personal data for as long as necessary to fulfill the purposes for which such data was collected. We will then destroy such data unless their retention is required to satisfy legal, regulatory or accounting requirements or to protect our interests.

ACCESS TO AND UPDATE OF PERSONAL DATA
subsequently

You are entitled at any time to:

• request access to and correct personal data relating to you in any of our records;
• ask us to remove your personal data from any active mailing or distribution list; or
• cease to use your personal data and terminate your use of the Service subject to our Terms of Use.

To exercise any of your foregoing rights, or if you have questions regarding this PIC, please contact us together with your user name and email address at the following addresses:

▪ For TVB Weekly: tvbweekly@tvb.com.hk
▪ For TVB Event Power: eventpower@tvb.com.hk

marking your communication “Confidential” and specifying which part or category of our Service that you have registered for. In response, we may ask you to provide certain details about yourself so that we can be sure you are the person to whom the personal data refers. We may charge you a reasonable fee for processing such access requests.

LINKS TO THIRD PARTY WEBSITES

The Service Websites and the Service may include links to other services or sites. This PICS applies to the Service Websites and the Service only. You are exposed to cookies that are not our responsibility when you access to linked sites or other services, and any information you submit to linked sites or other services will be subject to the privacy policies or personal information collection statement of those sites or services (if any). You are advised to review the relevant policies carefully before providing any information to those linked sites or services.

GENERAL

If you wish to contact us directly, please email us at the following email addresses:

▪ For TVB Weekly: tvbweekly@tvb.com.hk
▪ For TVB Event Power: eventpower@tvb.com.hk

In response, we may ask you to provide certain details about yourself so that we can be sure you are the person to whom the personal data refers. We may charge you a reasonable fee for processing such access requests. Please note that all information, other than the personal data that you send through this email, will not be considered or treated as confidential information. Do not send us through this email any information, ideas, suggestions, proposals or comments that you consider confidential or that you want to be treated as confidential.

Your telephone conversations with our staff may be recorded, retained and used as evidence by us without further notice.

If any part of this PICS shall be deemed unlawful or for any reason unenforceable, then that provision shall be deemed to be severable from this PICS and shall not affect the validity and enforceability of any of the remaining provision of this PICS.

This PICS shall be governed by and construed in accordance with the laws of Hong Kong. Disputes arising here from shall be subject to the jurisdiction of the courts of Hong Kong.

The English version of this PICS shall prevail over any Chinese version (if any) which is provided for information purposes only.

Last updated: 15 July 2020 (Version 1.0)

Please read the following terms and conditions ("T & C"/this "Agreement") carefully before accessing and using any materials contained on this site http://www.tvbweekly.com ("our Site"), any Content (defined below), Software (defined below), and/or other media platforms programs and/or applications of TVB Publications Limited (collectively the " Service") which are derived in whole or in part by TVB Publications Limited (“TVBP”) and/or any member companies within the TVB Group (collectively "We" or "Us").

By (a) registering as a user, (b) accessing or using our Site; or (c) accessing the Service or any Content, you agree to be bound by theses T & C. For the purpose of this Agreement:

"Content" in these T& C shall mean any content including but not limited to any still picture, voice, moving images, whether animated or otherwise, video, text, articles, editorial works, data, information and/or other material or goods that may be accessed through or on the Service or our Site.

We reserve our right to modify and update any part of this Agreement at any time by posting the modified or updated terms on our Site. Except as stated below, all modifications and updated terms shall automatically be effective and supersede any previous versions after they are posted on our Site. You agree to review this Agreement periodically to ensure that you are aware of any modifications.

1. Use of our Service 1.1 Use of our Service requires compatible devices, internet access, and periodic updates. The latest version of software, programs and/or applications from the Service (collectively “Software”) is recommended and may be required to access our Service for certain features. You acknowledge that you are responsible to obtain and maintain at your own expense all equipment, systems, software, and/or services needed to access our Service and updating the Software.

1.2 You agree that the Service and the Content are for your private viewing and not to allow or enable the Service and the Content to be broadcast, exhibited, used, accessed or made available to any person in any place (including but not limited to public and commercial settings) or for any commercial use.

1.3 Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to this Agreement.

1.4 Your browsing or use of different web pages 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 Agreement and will prevail over this Agreement if there is any inconsistency regarding your browsing or use of those web pages and/or applications.

1.5 Your installation and use of the Service and/or the Software will occupy certain storage capacity of your device. Therefore, you are recommended to maintain sufficient storage capacity in your device at all times.

1.6 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.

2. Your Obligations 2.1 You may only access the Service 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.
2.2 Unless with our prior written permission, you agree not to:-

(i) use or access the Service on any device that you do not own or control;

(ii) preload the Service in any device and promote, sell, circulate or distribute such device in the market;

(iii) reproduce, duplicate, copy, reverse engineering sell, resell, sub-license, translate, decompile or disassemble, make available, publish or otherwise exploit, any portion of the Service and/or the Content or any part thereof or use it for any other purpose;

(iv) 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 for any other purpose;

2.3 You agree not to:
(i)use the service/information provided in the Service for any illegal or immoral purpose purpose or in any manner inconsistent with the T & C;

(ii) not to collect and not to allow any person collect money or other consideration for the use or access of the Service and/or its content under any circumstances;

(iii) 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;

(iv) 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 our Service or the Content, and/or the Software; and/or any data zones on our server(s) or that of any third party in any manner;

(v) hack, break into, or attempt to hack or break into our 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 where applicable access such parts of our Service and/or the Content and/or Software which you are not authorized to login;

(vi) implant into any software or other materials that contain any software viruses, worms, time bombs, Trojan horses or other harmful or disruptive component;

(vii) obstruct or interfere with our Service or servers or networks connected to our Service, or restrict or inhibit any person to use our Service; in order to disguise the origin of any contents transmitted through the Service; (viii) forge headers or otherwise manipulate identifiers;

(ix) remove any copyright, trademark, or other proprietary rights notices contained in our Service, the Software, the Content and/or our Site;

(x) collect information of other users of the Service;

(xi) download or make use of any of the Service, Software, Content, applications or other materials: (a) in any device and promote, sell, circulate or distribute such device in the market, or (b) for any commercial purpose or usage, or (c) for purposes other than private viewing on your personal, authorized device.

(xii) 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

(xiii) permit any minors from viewing those Content and/or use any part of the Service which is not suitable for viewing by minors;

2.4 You agree to:
(i) abide by all applicable laws, this Agreement and any other operating and/or usage rules applicable to our Service, Site and the Content, as amended from time to time;

(ii) use our Site, our Service and/or the Content in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our Service by any third party;

(iii) be responsible for any costs you incur to access the Service and internet connection; and

(iv) abide by all relevant laws of Hong Kong and any operating and/or usage rules, as amended from time to time.

3. Personal Data Collection 3.1 We will apply and comply with the laws and principles of the Personal Data (Privacy) Ordinance (Cap 486) ("Ordinance") of the Laws of Hong Kong Special Administrative Region of China ("Hong Kong") when processing your personal information. We may also collect your personal information subject to our Personal Data Collection Statement. Please refer to the terms and conditions of our Personal Data Collection Statement (PICS) as set out on http://www.tvbweekly.com. We reserve the right to modify and/or update our Personal Data Collection Statement at any time and post the modified version on our Site. Your use of the Service following the posting of such change to the Personal Data Collection Statement will constitute your acceptance of any such changes.

3.2 You represent that all personal information provided by you are accurate and updated. You can correct factual errors in your personal information by sending us a request that credibly shows error by email to mkt@tvbwkly.com. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to making corrections. Your personal information will be maintained securely in our system. Only authorized person(s) will be permitted to access such personal information.

3.3 You agree that we may collect and use technical data and related information including UUID, technical information about your computer, device, system and application software that is gathered periodically to facilitate the provision of software updates, product support, personalize the contents and marketing, and other services (if any) to you related to the Service.

3.4 You understand that by using the Service, you consent and agree to our collection and use of the Internet Protocol ("IP") address information and other related information for geo filtering purpose.

Intellectual Property Rights & License 4.1 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 and/or Software are owned or controlled by us or our respective licensors.

4.2 Our names, images, logos and those of third parties and their products and services are our proprietary marks and such third parties respectively.

4.3 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 subject to and in accordance with the terms in this Agreement and any software license of the Software but not further or otherwise.

4.4 You agree and acknowledge that:

(i) we own and retain all rights to our Service, our Site and/or the Software and the Content. All trademarks, service marks and logos (“Marks”) on our Service, our Site and/or the Software are owned by or licensed to us.

(ii) you acknowledge that our Service, our Site, the Content, the Marks, and/or the Software are protected by copyright, trademark laws, and other Intellectual property right laws, and you further agree that you are being granted with a revocable, non-exclusive, non-transferrable, limited license, without right of sublicense, to access and use our Service, our Site, the Content and/or the Software contained therein in compliance with this Agreement.

(iii) nothing you do on or in relation to our Service, our Site, the Content, the Software, the materials contained therein will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.

(iv) we 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.

(v) the provisions in this clause 4 shall survive the expiry or any termination of the Agreement and/or your use of the Service.

5. Suspension and Termination 5.1 We may at any time, without notice or liability to you, suspend, limit or terminate or refuse your access to any part or all of our Services, temporarily or permanently:

(i) if, in our sole discretion, you fail, or we suspect that you fail or are unable, to comply with (or acted in a manner indicating that you do not intend to or are unable to comply with) any of the provisions of this Agreement;

(ii) if we are legally required to do so by law;

(iii) if continuation is likely to be no longer commercially viable; or

(iv) if we believe that such action is appropriate due to your improper use of the Service or breach of any term of this Agreement

5.2 During suspension of your access to any part or all of our Services (a) any rights we have in respect of your obligations under this Agreement which are not fulfilled by you shall continue to exist and binding; and that (b) your access to our Site, our Service, Content and Software, and that all licenses, rights and privileges granted to you under these T&C shall cease.

5.3 Upon termination of your user registration or account (where applicable), all access to the Service, Contents and Software and that all licenses, rights and privileges granted to you under this Agreement shall cease.

5.4 Any termination for whatever reason of this Agreement shall not affect any of our accrued rights and interest 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.

6. Our Rights 6.1 We may at any time without notice:

(i) expand, reduce and/or modify the whole or any part of our Service or our Site;

(ii) carry out system maintenance, upgrading, testing and/or repairs;

(iii) deactivate the whole or any part of our Service or our Site to carry out system maintenance, upgrading, testing and/or repairs;

(iv) 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; and/or

(v) terminate, limit or suspend your access to any part or all of our Service according to clause 5 above.

7. Third Party Materials 7.1 Our Service or our Site may contain materials from third parties and/or hyperlinks to third party websites. Your use of third parties’ websites and/or materials linked to our 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 these T&C and will prevail over these T&C if there is any inconsistency regarding your use of those web pages and/or applications.

7.2 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 our Service. You agree that any use of such software, materials, applications, media platforms, devices or services will be at your own risks. You expressly relieve us from any and all liability arising from your use or access of any third party website or materials. 7.3 We have no control over any third party websites linked to our 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 our Service or our Site (including without limitation sites linked through advertisements). Some links which appear on our Service or our Site are automatically generated, and may be offensive or inappropriate to some people.

7.4 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 our Service or our Site.

7.5 This clause 7 will survive the termination or expiry of this Agreement and/or your use of the Service.

8. Disclaimer of Any Warranties and Limitation of Liabilities 8.1 Our Service and all materials delivered to you through our 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 expressed or implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You expressly agree that your use of our Site, our Service, the Software and/or the Content and/or content obtained through your use of the foregoing are at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.

8.2 Our Service is provided subject to these T&C and we shall not be liable for:

(i) the timeliness, deletion, non-delivery, errors, interruptions in the transmission or failure of the provision of any services under our Service; or

(ii) your inability to gain access in whole or in part to our Service due to the delay or failure of any communication networks or any party providing such access.

8.3 We do not warrant that the functions or material contained in the Service will be uninterrupted or error free, that defects will be corrected, or that the Service or the software or the device or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.

8.4 We will not be liable to you or any other third parties, including users of our Service (whether authorized or not), for any failure or delay in accessing our Service or any part thereof (whether due to 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 our Service.

8.5 To the fullest extent permitted by applicable law, we and the providers of our Site, our Service, 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 our Site, our Service, the Software and/or the Content, that our Service or your access to or use of our Service will be uninterrupted or error free, free of viruses, malicious code or other harmful components or otherwise secure, that defects will be corrected, that our Service or the software or the device or the server that makes our Service available are free of viruses or bugs, or that the materials provided through our Service are functional, accurate, reliable. We further disclaim any representation or warranty that our Site, our Service, the Software and/or the Content will meet your requirements.

8.6 You agree and acknowledge that:

(i) 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;

(ii) 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 that materials in the Service are appropriate or available for use outside Hong Kong. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

8.7 To the fullest extent permitted by applicable law, we are not liable to you or any other third party (including users of our Service, whether authorized or not) for the following:

(i) 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 our Site, our Service, the 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 damages, whether direct or indirect, consequential or incidental, whether of an economic nature or not, whether in action of contract, negligence, or other tortuous action, whether 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 our Service;

(iii) any claim relating to any part of our Site, our Service Software and/or Content supplied, provided, sold or made available by or through our Service (or any failure or delay to so supply, provide, sell or make available);

(iv) any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Site, our Service, the Software and/or the Content;

(v) any disruption, suspension, delay, failure or discontinuation of our Site, our Service or our Service capacity, 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 (vi) any other third party’s software or services; and/or

(vi) any infringement of any intellectual property rights arising from your use of our Site, our Service, the Software, or the Content.

8.8 For the avoidance of doubt, nothing in this clause 8 seeks to exclude any liability arising from any fraudulent act or omission on our part.

8.9 The provisions in this clause 9 shall survive the expiry or any termination of the Agreement and/or your use of the Service

9. Indemnification 9.1 You agree to indemnify and hold us harmless from any claim, costs or demand, (including reasonable attorney fees) made by a third party, relating to or arising from:
(i) any violation by you of this Agreement;

(ii) your use of our Site, our Service, the Software and/or the Content;

(iii) the information you provided;

(iv) any and all usage of your membership, whether or not such usage is expressly authorized by you;

(v) in connection with any dealings with you through our Service;

(vi) 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

(vii) the personal information submitted by you.

9.2 This clause 9 will survive the termination or expiry of this Agreement and/or your use of the Service.

10 Force Majeure 10.1 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 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.

11 Ability to accept these T&C 11.1 You affirm that you are either 18 years old or above, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&C, and to abide by and bound by these T&C.

11.2 You acknowledge that we have given you a reasonable opportunity to review these T&C and that you have agreed to them.

12 Others 12.1 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 user and our company and their respective successors and assigns.

12.2 If any provision of this Agreement becomes or is held to be illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this 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.

12.3 The failure of our enforcement of any right or provision of this Agreement will not be deemed a waiver of such right or provision.

12.4 We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations contained in this 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 this Agreement to any person or entity without our prior written consent.

13 Notices 13.1 All notices and other communications hereunder to us shall be in writing or by email to mkt@tvbwkly.com and shall be deemed to have been duly given:

(i) when delivered if delivered by hand or courier during our normal business hours (i.e. Monday to Friday (and not being a bank holiday) between the hours of 9am and 5pm or the next business day if delivered outside such business hours;

(ii) when sent if transmitted successfully by fax or email (receipt confirmed) during our normal business hours (i.e. Monday to Friday (and not being a bank holiday) between the hours of 9am and 5pm) or the next business day if sent outside such business hours; or

(iii) on the third business day following posting, if posted by certified or registered mail, postage prepaid to our registered office or such other address as shall be specified by us from time to time.

13.2 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), WhatsApp or facsimile transmission; on the day on our Site, or on the third business day following posting, if posted to your address last notified to us.

14 This Agreement, Interpretation and Modification 14.1 We have the sole discretion to interpret and determine these T&C.

14.2 We have the right to modify the T & C posted without prior notice. Please keep yourself updated by regularly viewing the Service. Your use of the Service following the posting of any changes to the T & C will constitute your acceptance of such changes.

14.3 If there is any conflict between the T & C and rules and specific terms of use appearing on the Service relating to specific material then the latter shall prevail.

14.4 This Agreement and these & C 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.

14.5 If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.

1. Our website and all materials and contents available or delivered to you via this Website and/or other media platforms programs and/or applications of TVB Publications Limited (collectively 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 expressed or implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You expressly agree that your use of our Service (or any part of it) and/or content obtained through your use of the foregoing are at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.

2. Our Service is provided subject to the Terms of Use of this Site (“T&C”) and we shall not be liable for:

(i) the timeliness, deletion, non-delivery, errors, interruptions in the transmission or failure of the provision of any services under our Service; or
(ii) your inability to gain access in whole or in part to our Service due to the delay or failure of any communication networks or any party providing such access.

3. We do not warrant that the functions or material contained in the Service will be uninterrupted or error free, that defects will be corrected, or that the Service or the software or the device or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.

4. We will not be liable to you or any other third parties, including users of our Service (whether authorized or not), for any failure or delay in accessing our Service or any part thereof (whether due to 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 our Service.

5. To the fullest extent permitted by applicable law, we and the providers of our site, our Service, the and/or the content thereon or therein, hereby disclaim all representations and warranties of all kind (if any), 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 our Site, our Service, and/or the content thereon or therein, that our Service or your access to or use of our any part of the Service will be uninterrupted or error free, free of viruses, malicious code or other harmful components or otherwise secure, that defects will be corrected, that our Service or the device or the server that makes our Service available are free of viruses or bugs, or that the materials provided through our Service are functional, accurate, reliable. We further disclaim any representation or warranty that our Site, our Service, and/or the Content will meet your requirements.

6. You agree and acknowledge that:

(i) 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;
(ii) 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 that materials in the Service are appropriate or available for use outside Hong Kong. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

7. To the fullest extent permitted by applicable law, we are not liable to you or any other third party (including users of our Service, whether authorized or not) for the following:

(i) 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 our Site, our Service, 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 damages, whether direct or indirect, consequential or incidental, whether of an economic nature or not, whether in action of contract, negligence, or other tortuous action, whether 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 our Service;
(iii) any claim relating to any part of our Site, our Service software and/or Content supplied, provided, sold or made available by or through our Service (or any failure or delay to so supply, provide, sell or make available);
(iv) any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Site, our Service, and/or the Content;
(v) any disruption, suspension, delay, failure or discontinuation of our Site, our Service or our Service capacity, 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 (vi) any other third party’s software or services; and/or (v) any infringement of any intellectual property rights arising from your use of our Site, our Service, or the Content.

8. For the avoidance of doubt, nothing in this Disclaimer seeks to exclude any liability arising from any fraudulent act or omission on our part.

Last updated 24 September 2018