PCCW-HKT mobile service

MOOV on mobile Terms and Conditions

MOOV on Mobile Terms and Conditions The followings are terms and conditions upon which "MOOV on mobile" (the " Service") will be provided to you please read them carefully. Your registration for and/or use of the Service constitutes your agreement to be bound by these terms and conditions (the " Agreement"). " Customer" means you. " We" and " us" mean PCCW Mobile HK Limited ("PCCW mobile") acting for and on behalf of PCCW Media Limited. " Content" means any still picture, other series of moving images, whether animated or otherwise, lyrics, song clips, audio and video recordings, text, editorial works, music video, music, data, information and/or other materials that may be accessed through the Service. " Affiliate" means any other entity which directly or indirectly controls us, is controlled by us, or is under common control with us.
Provision of the Service
1.	The Service is provided by PCCW Media Limited ("PCCW Media").
2.	The Service is provided via PCCW mobile third generation mobile services ("PCCW Mobile Service") only.
3.	The Service is for Customer's private use only via specified 3G handsets. Performance of the Content in public is strictly prohibited.
4.	The Service quality may vary in different service areas according to the network coverage of PCCW Mobile Service and the performance of the handset in use.
Tariff Plans and Payments
5.	Different service plans will have different billing arrangements. Customer shall refer to the Tariffs for details.
6.	We will invoice Customer every month with a list of all fees payable by Customer which relate to Customer's use of the Service ("Fees"). Unless otherwise specified, all subscription fees are payable monthly in advance. However, additional charges for additional usage above and beyond that specified in the service plans are payable in arrears. The Fees will be calculated by reference to data recorded or logged by us or our Affiliates and not by reference to any data recorded or logged by any other party. Records held and logging procedures adopted by us or our Affiliates will be conclusive evidence of the usage of the Service, the Content and the Fees payable by Customer.
7.	The Fees will be charged to Customer's invoice for PCCW mobile services ("Mobile Invoice") and Customer agrees to pay the full amount by payment method selected by Customer for payment of the Mobile Invoice, such payment to be made before the due date for payment as specified on the Mobile Invoice. Customer hereby authorizes us to charge Customer's credit or charge card with full amount of Fees at any time before the due date on the Mobile Invoice; such authorization continues after the expiry date on any such card (and where Customer is not the cardholder, Customer hereby agrees to procure such authorisation from the cardholder). Customer agrees that we may transfer any amount that is owing to Customer or due from Customer under any of Customer's accounts, if Customer has more than one account with us, so as to settle any outstanding amount due to us under any of Customer's accounts, whether they have been terminated or suspended.
8.	Any disputes regarding an invoice must be raised within 30 days of the invoice date notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the bank.
9.	No credit or refund is available in respect of any time when the Service or any part thereof is disrupted or suspended for maintenance or as a result of technical difficulties or a circumstance beyond our reasonable control or where Customer is not able to access the Service or stream the Content for whatever reason. If Customer has not paid any invoice by the due date, we reserve the right to charge interest on any outstanding amount at 2% per month until the invoice has been paid in full and to charge a handling fee, collection agency fee, reconnection fee and/or require a security deposit if Customers access to the Service is suspended or terminated before payment is made.
Our rights and responsibilities
10.	We may:
	(a)	limit or suspend Customer's access to the Service without notice where (i) we are of the opinion that such action is appropriate as a result of Customer's use of the Service; (ii) Customer is in breach of any term of this Agreement;
	(b)	deactivate or suspend the Service at any time without notice to carry out system maintenance, upgrading, testing, repairs and / or for any circumstance beyond the reasonable control of ourselves and our Affiliates;
	(c)	modify any part of the Service or its Content;
	(d)	remove, disable or suspend transmission of any Content which we consider in our sole opinion, breaches any applicable law, regulation or regulatory directive or to be otherwise unacceptable or where we cease to have the right to transmit or exploit such Content; and
	(e)	introduce or amend the amount of fees and/or amend this Agreement or our operating rules which govern Customer's use of the Service by (i) posting the details of such amendments on any one or both of the following websites: http://pccwmobile.com and http://moov.now.com.hk/mobile and/or (ii) sending Customer a notification of such amendments via post or such other means as determined by us; such amendments to take effect immediately after (i) any such posting on the aforementioned websites or (ii) the sending of such notification is made.
Customer's Responsibilities
11.	Customer shall:
	(a)	not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the wap sites and/or websites of the Service;
	(b)	not capture, download, copy, store, song rip, distribute, share, re-direct or retransmit any Content in any way or through any means;
	(c)	not sell, reproduce, copy, distribute, publish, modify, prepare derivative works based on the Content, or display or perform the Content or cause the Content to otherwise be displayed or performed in public;
	(d)	not reverse engineer any Content consisting of downloadable software or any software and/or applications provided by us; and
	(e)	abide by all relevant laws, regulations and codes of practice in Hong Kong when using the Service.
12.	Customer acknowledges that:
	(a)	nothing Customer does on or in relation to the Service or its Content will transfer any intellectual property rights to Customer or license Customer to exercise any intellectual property rights therein and/or thereto;
	(b)	all intellectual property rights in the Service and its Content are owned by PCCW Media, its Affiliates and/or its third party content providers; and
	(c)	the quality, usability and availability of the Service may vary according to different handsets, and we take no responsibility and will not guarantee that the Service functions with all specified handsets.
13.	Customer shall indemnify us, our Affiliates, our subcontractors, licensors, agents and our content providers against any action, liability, cost, claim, loss, damage, proceedings and/or expense suffered or incurred by any of the foregoing parties arising from or which is related to any breach or non-observance of any term of this Agreement by Customer.
14.	Customer shall use or access the Service within Hong Kong Special Administrative Region of the People's Republic of China only.
Provision of Information
15.	We may request personal data from you which constitutes Personal Data (meaning Personal Data as that term is used in the Personal Data (Privacy) Ordinance), Customer may decline to provide the Personal Data but in that event we may decline to provide the Service to Customer. Customer agrees that we may use the Personal Data for any and all of the following purposes:
	(a)	provision of the Service to the Customer (including the transfer of such Personal Data to other telecommunication network providers or third parties as necessary for the provision of the Service and goods and services supplied in connection with the Service);
	(b)	matching (as defined in the Personal Data (Privacy) Ordinance) the Personal Data with other data collected for other purposes and from other sources including third parties in relation to the provision of the Service;
	(c)	marketing of goods and/or services by us, our agents, Affiliates, in relation to the Service;
	(d)	business planning and/or improving goods and/or services in relation to provisioning of the Service;
	(e)	processing of any benefits arising out of or in connection with the Service;
	(f)	analysing, verifying and/or checking of the Customer's credit, payment and/or status in relation to provision of the Service;
	(g)	processing of any payment instructions, direct debit facilities and/or credit facilities in relation to provisioning of the Service or requested by the Customer;
	(h)	enabling the daily operation of the Customer's account and/or the collection of amounts outstanding in the Customer's account in relation to the Service;
	(i)	enabling us to comply with our obligations to interconnect, with other industry practices, or with obligations to third parties or the government agencies in relation to the Service;
	(j)	keeping the Customer informed of the Service or other services we provide;
	(k)	prevention or detection of crime;
	(l)	disclosure as permitted or required by law;
	(m)	any other purposes as may be agreed to by the parties; and
	(n)	the operation of all other businesses conducted by us and/or our Affiliates from time to time and all related purposes connected with those businesses and including the purposes listed in sub-paragraphs (a) to (m) above as if the Service included a reference to those other businesses.
16.	Customer agrees that the Personal Data may be disclosed and transferred in Hong Kong or in places outside Hong Kong to our Affiliates, agents, contractors, telecommunications operations, any other third parties, including, content providers, collection agencies, credit reference agencies, security agencies, credit providers or other financial institutions and any of our actual or proposed assignees or transferees of our rights with respect to Customer for such person to use, disclose, hold, process, retain or transfer for the purposes listed in paragraph 15. We may also provide aggregated, segmental or otherwise, anonymous, statistical information on Customers usage of the Service, including but not limited to usage data, to existing and potential third party content providers and/or advertisers upon their request.
17.	The Customer shall, as soon as practicable, notify us of any changes of address or any other particulars provided to us which may affect the provision of the Service to the Customer. On our request, the Customer shall provide us with information relating to the Customer and the Customer's use of the Service reasonably required by us: (a) to assist us in complying with our obligations under any applicable law; (b) to report to any government agency regarding compliance with those obligations; and (c) to assess whether or not the Customer has complied, is complying and will be able to continue to comply with all of the Customers obligations under this Agreement.
Software and Applications
18.	We may employ and/or install software or applications (the "Software") in any handset and / or personal computer used by Customer for the purposes of detecting and/or monitoring use of the Service and/or any capturing, downloading, copying, storing, song ripping, distribution, sharing, re-direction or retransmission or other unauthorized uses of any Content in any way or through any media. At our request, Customer shall install any Software provided by us or our Affiliates for the purposes of detecting and/or monitoring the foregoing activities.
Warranties & Liability
19.	The Service is provided on an AS IS and AS AVAILABLE basis, and Customer understands that we and our Affiliates provide no warranty for the Service, the Content and the Software except to the extent we are required to do so by law. To the extent permitted by law, we disclaim any representation or warranty whether express or implied, as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the Service, the Content and the Software, that the Service, the Content and the Software will be uninterrupted or error free, any obligation to maintain the confidentiality of information (although our current practice is to maintain such confidentiality), the results to be obtained from the use of the Service, the Content and the Software, unless specifically mentioned in this Agreement.
20.	To the extent permitted by law, we disclaim all responsibility, timeliness, quality, security or reliability of the Service including any Software and for any damage that may be caused to Customer, Customers handsets and/or personal computers.
21.	the absence of our negligence or deliberate act, we expressly disclaim any liability for:
	(a)	any damage to or loss of data suffered by you arising from your use of the Service, the Software and/or any Content;
	(b)	any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not;
	(c)	any claim relating to the Service and/or any of the Content supplied, provided, sold or made available by or through the Service (or any failure or delay to so supply, provide, sell or make available);
	(d)	any injury, disease, seizure or loss of consciousness suffered by Customer arising whether directly or indirectly from accessing and/or using the Service; and
	(e)	any disruption or suspension of the Service or any part thereof which is attributable to an event or circumstance beyond our reasonable control.
22.	The Service is provided to Customer through PCCW mobile. The Content of the Service is supplied by PCCW Media and its third party content providers. PCCW mobile, PCCW Media and the third party content providers make no representations or warranties of any kind in relation to the Content, and accept no responsibilities for its accuracy, completeness and/or consistency, or for any loss or damage whatsoever suffered or incurred by Customer with the use of the Service and/or Content provided. The Customer irrevocably and unconditionally accepts and agrees to be bound by this disclaimer.
23.	To the extent permitted by law, our liability and our Affiliates' liability to Customer shall in any event, in aggregate, not exceed the total fees paid by Customer to us for the 12 months immediately preceding any incident giving rise to such liability.
Force Majeure
24.	We will not be liable for any disruption, malfunction, suspension, or delay in the Service due to any cause beyond our control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
Termination
25.	Save and except where Customer is under a fixed term subscription for the Service, Customer may terminate Customers subscription to the Service before the stipulated bill date to us provided that Customer shall pay all charges as invoiced. Customer shall only give such notice to us by completing our termination form or such other means as required by us from time to time. Customers termination of the Service will only be effective upon confirmation of such termination by us.
26.	As the Service will only be provided via PCCW Mobile Service, Customer's termination of Customer's subscription to PCCW Mobile Service shall be deemed termination of the Service.
27.	We may terminate the provision of the Service at any time and for any reason on the giving of at least 30 days' prior notice to Customer or immediately by notice to Customer in the following circumstances:
	(a)	any outstanding amount has been overdue to us has been ;
	(b)	Customer is in breach of any terms of this Agreement.
Effect of Termination
28.	Upon termination of your subscription to the Service, all licences, rights and privileges granted to Customer herein shall cease and Customer shall discontinue use of all Service and Content and shall delete any software downloaded to their handsets and shall make immediate payment of all accrued charges and early termination charges.
29.	In the event Customer is under a fixed term subscription, and Customer terminates subscription prior to the expiry of such fixed term subscription, Customer shall pay us all accrued charges and an amount equivalent to subscription fees payable by Customer from the date of termination until the expiry of such fixed term subscription.
30.	Under no circumstances will Customer be entitled to a refund of any Fees, interest on any security deposit or any pro rata refund of any monthly service fee paid in advance.
Waiver
31.	A waiver by us of any provision of this Agreement will not be effective unless given in writing, and then it will be effective only to the extent that it is expressly stated to be given.
32.	A failure, delay or indulgence by us in exercising any power or right will not operate as a waiver of that power or right. A single exercise or partial exercise of any power or right by us does not preclude further exercises of that power or right or the exercise of any other power or right.
Communications
33.	Any communications delivered personally, sent by post, email, sms text messages shall be deemed to have been received by you (where delivered personally) at the time of personal delivery or on leaving it at the address last notified in writing by you to us, (where sent by post) 48 hours after posting (where sent by email or sms text messages) immediately after transmitting to the email address last notified in writing by you to us or Customers PCCW Mobile Service telephone number last known to us.
General
34.	In the event of any inconsistencies between the English and the Chinese versions of these terms and conditions, the English version shall prevail.
35.	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.
36.	If any term or condition of this Agreement becomes or is declared 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 this Agreement. This Agreement shall be governed by the laws of Hong Kong and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.
37.	Your registration for and/or use of the Service constitutes your agreement to be bound by this Agreement.