ACCEPTANCE OF TERMS

1.1

The Services (as defined in section 2.1 below) that China Mobile Hong Kong Company Limited ("CMHK") provides to you via the CMHK Website and Mobile Applications are subject to the following Terms of Service ("TOS"). CMHK reserves the right to update the TOS at its sole discretion from time to time without prior notice to you. Your continued use of the Services after publication of such updates constitutes binding acceptance of the updated TOS. In addition, when using particular CMHK owned or operated services, you and CMHK shall be bound by any guidelines or rules applicable to such services that are posted on CMHK Website and Mobile Applications from time to time. All such guidelines or rules are hereby incorporated into and become an integral part of the TOS. For any inconsistency between the guidelines/rules thereof and the TOS, the TOS shall prevail.

DESCRIPTION OF SERVICE

2.1	Through its Website and Mobile Applications, CMHK provides you with access to a rich collection of resources, including various communications tools, bill checking, on-line shop services and personalized contents ("Services"). You may access the CMHK Website and Mobile Applications through various medium or devices now known or hereafter developed. You understand and agree that the Services may include advertisements and that these advertisements are necessary for CMHK to provide the Services. Meanwhile, you also understand and agree that the Services may include certain information from CMHK, such as service announcements and administrative messages, and that such information is considered as part of the CMHK Website and Mobile Applications and you will not be able to opt out of receiving them.
2.2	Unless explicitly stated otherwise, any new feature that augments or enhances the Services, including new CMHK products released by CMHK, is subject to the TOS. You understand and agree that the Services are provided "AS-IS" and that CMHK shall assume no responsibility for the timeliness, deletion, or incorrect delivery of or failure to store any user communications or personalized settings. You are responsible for obtaining access to the Services, and the access may involve third-party fees (such as by Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must acquire and be responsible for all equipment necessary to access the Services.
2.3	CMHK has created certain areas on the CMHK Website and Mobile Applications that are restricted from general viewing and you must fulfill the specified conditions to access and view such areas. Unless otherwise authorized by CMHK, you may not copy, reproduce, distribute, transmit, play, display, sell, license or create in other ways derivative works from contents of the Services.

3.1	Your "account data" and certain other information about you are subject to our "Privacy Policy" which has been made a part of the TOS. For more information, see our full privacy policy at here.

USER ACCOUNT, PASSWORD AND SECURITY

4.1	During your first login to the CMHK Website and Mobile Applications, you need to use your activated CMHK mobile number or your prepaid card mobile number. During you login procedure, you may be required to enter the activated mobile number, password and verification code. In addition, CMHK may require you to use a different type of login procedure to access different parts of the CMHK Website and Mobile Applications. The login procedure only serves the purposes of accessing the website and authorizing instructions or requests using the products and services made available on the website, and any other use is prohibited.
4.2	You are responsible for maintaining the confidentiality of your password and account and are entirely responsible for all activities that occur under your password and account. You agree to (a) immediately notify CMHK of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. CMHK cannot and will not be liable for any losses or damages arising from your failure to comply with this Section 4.
4.3	If you are using the CMHK Website and Mobile Applications on behalf of another person ("Authorizing Person"), for example, your employer, you must obtain authorization to use the website and conclude the TOS on behalf of the Authorizing Person.

USER CONDUCT

5.1

You understand that all information, data, texts, software, music, sounds, photographs, graphics, videos, messages, tags, or other materials ("Contents"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Contents are originated. This means that you, and not CMHK, are entirely responsible for all Contents that you upload, post, email, transmit or otherwise make available via the Services. CMHK cannot control the Contents posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Contents. You understand that by using the Services, you may be exposed to Contents that are offensive, inappropriate, indecent or objectionable. Under no circumstances will CMHK be liable for any of such Contents, including but not limited to any offensive, inappropriate, indecent or objectionable Contents, any errors or omissions in any Contents, and/or any losses or damages of any kind incurred as a result of the uploaded, posted, emailed, transmitted Contents or the use of the Services in any other ways.

5.2

You agree that when using the Services, you will not:

(a)	upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, subversive, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
(b)	forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(c)	impersonate another person or entity, including but not limited to a CMHK official, forum leader or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d)	upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside, proprietary and confidential information learned under employment relationships or nondisclosure agreements);
(e)	upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(f)	upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertisements, "promotional materials", "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation of customers;
(g)	upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer codes, or files or programs designed to interrupt, damage or limit the functionality of any computer software or hardware or telecommunications equipment;
(h)	interfere with or disrupt the Services or another person's use of the Services or servers or network connections to the Services, or disobey any requirements, procedures, policies or regulations on networks connected to the Services;
(i)	intentionally or unintentionally violate any Hong Kong applicable law, statute, ordinance, regulation, rule or code, including but not limited to any regulations, rules, notices, instructions or directives of any regulatory body or government department;
(j)	"stalk" or otherwise harass another;
(k)	use another members' login account or name without permission;
(l)	disrupt the normal flow of sessions of the website, or act in a manner that negatively affects other users' ability to engage in real time exchanges;
(m)	provide false information when changing your account details;
(n)	engage the CMHK Website and Mobile Applications in any commercial purpose;
(o)	commit or attempt to commit any crime or incite any criminal activities;
(p)	collect or store personal data about other users in connection with the prohibited conducts and activities set forth in paragraphs from (a) – (o).

5.3

You acknowledge that CMHK may or may not pre-screen the Contents, but CMHK shall have the right (but not the obligation) in its sole discretion to pre-screen, decline, modify or remove any Contents that are available via the Services. Without limiting the foregoing, CMHK shall have the right to remove any Contents (whether or not provided by you) that we believe in good faith violates the TOS or that is otherwise objectionable in our sole opinion. You agree that you must evaluate and bear all risks relating to the use of any Contents, including any reliance on the accuracy, completeness, or usefulness of such Contents. In this regard, you acknowledge that you may not rely on any Contents created by CMHK or submitted to CMHK, including, without limitation, information on CMHK Website and Mobile Applications and in all other parts of the Services.

5.4

You acknowledge, consent and agree that CMHK may in its sole discretion access, preserve and disclose your account information and contents if required to do so by law or in a good faith and belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, properties or personal safety of CMHK, its users and the public.

5.5

You understand that the technical processing procedures and transmission of the Services, including your Contents, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5.6

You understand that the Services and software embedded in the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to terms of use set by CMHK and/or content providers who provide contents to the Services. You may not attempt to override or circumvent any of the terms of use embedded in the Services. Any unauthorized reproduction, publication, distribution or public exhibition of the materials provided in the Services, in whole or in part, is strictly prohibited.

PUBLIC INFORMATION POSTED ON CMHK Website and Mobile Applications

6.1	CMHK does not claim ownership of Contents you submit or make available for inclusion in the Services. However, with respect to Contents you submit or make available for inclusion on publicly accessible areas of the Services, CMHK shall be granted the following worldwide, copyright-free, royalty-free, and non-exclusive license(s), as applicable.
6.2	With respect to Contents you submit or make available for inclusion in CMHK Website and Mobile Applications, license CMHK to provide as well as use, distribute, reproduce, adapt, modify, reorganize, translate, publicly perform and publicly display such Contents in the Services. This license exists only for as long as you select to continue to include such Contents in the Services and will terminate at the time you remove or CMHK removes such Contents from the Services.
6.3	With respect to Contents other than photos, graphics, audios or videos you submit or make available in the Services other than those on the CMHK Website and Mobile Applications, irrevocable and permanently license (a) CMHK to use, distribute, reproduce, adapt, modify, reorganize, publish, translate, publicly perform and publicly display such Contents in whole or in part and to incorporate the Contents to medium of other forms that are currently known or hereafter developed; and (b) others to carry out the above.

INDEMNITY

7.1

You agree to indemnify and hold CMHK and its subsidiaries, affiliated companies, executives, agents, employees, co-branders, partners and their employees not liable for any claim or demand, including reasonable attorneys' fees, made by any third party relating to or arising out of Contents you submit, post, transmit or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of others.

NO RESALE OF SERVICES

8.1	You agree not to reproduce, copy, sell, transfer, resell or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.

GENERAL PRACTICES REGARDING USE AND STORAGE

9.1

You acknowledge that CMHK may, in its sole discretion, establish general practices and limits concerning the use of the Services, including, without limitation, the maximum number of days that email messages, message board postings or other uploaded Contents will be retained by the Services, the maximum number of email messages that may be sent from or received by an user account on the Services, the maximum size of any email message that may be sent from or received by an user account on the Services, the maximum disk space that will be allotted on CMHK's servers on your behalf, and the maximum number of times you may access the Services in a given period of time (and the maximum duration for each access). You agree that CMHK has no responsibility or liability for the deletion or failure to store any messages and other communications or other Contents maintained or transmitted by or made available through the Services. You acknowledge that CMHK reserves the right to cancel user accounts that are inactive for an extended period of time. You further acknowledge that CMHK reserves the right to modify these general practices and limits from time to time, in its sole discretion, with or without noticing you.

10.

MODIFICATIONS TO SERVICES

10.1

CMHK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without noticing you. You agree that CMHK shall not be liable to you or to any third party for any modification, suspension or termination of the Services.

11.

TERMINATION

11.1

You agree that CMHK, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and delete any Contents within the Services, for reasons, including, without limitation, your violation of the letter or spirit of the TOS as deemed by CMHK or your mobile service being terminated. CMHK may also in its sole discretion discontinue providing the Services, or any part thereof, at any time with or without noticing you. You agree that the Services provided under any provision of this TOS may be suspended or terminated without prior notice, and acknowledge and agree that CMHK may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Furthermore, you agree that CMHK shall not be liable to you or any third party for any suspension or termination of your access to the Services, or the freezing or deletion of your account or related information and files.

12.

LINKS

12.1

The Services may contain links to other sites or resources on Internet. As CMHK does not own or have no control over such websites and resources, you acknowledge and agree that CMHK should not be responsible for whether or not such websites or resources can be utilized as well as the security and compatibility of any contents on such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials available on or retrieved from such websites or resources. CMHK has no control over and hence assumes no responsibility for contents, privacy policies, or practices of other websites or resources on the Internet. In addition, CMHK will not and cannot censor or edit the contents of other websites or resources. By using the Services, you expressly relieve CMHK from any and all liability arising from the use of any contents that may be linked to other websites or resources. You further acknowledge that CMHK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Content, goods or services available on or through the linked to websites or resources.

13.

CMHK'S PROPRIETARY RIGHTS

13.1

You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Contents that are contained in the information presented to you through the Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CMHK, you agree not to modify, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

13.2

CMHK grants you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a stand-alone computer, provided that you do not (and do not allow or permit any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by CMHK.

14.

DISCLAIMER OF WARRANTIES

14.1

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a)	CMHK fulfills obligations relating to the Services pursuant to the TOS and such obligations shall be limited to CMHK's provisioning of related Services with reasonable skills and caution. The TOS does not contain any contents that exempt or limit CMHK's liabilities for deaths or personal injuries incurred from CMHK's negligence, fraud or other cases where the liabilities cannot be exempted or limited as per applicable laws.
(b)	CMHK and its subsidiaries, affiliates, senior executives, employees, agents, partners, and licensors make no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure or error-free; (iii) the Services will deliver accurate and reliable results; (iv) the products, services, information or other materials purchased or obtained via the Services will meet your expectations; and (v) any errors in the Software will be corrected.
(c)	You will evaluate the risks relating to any material downloaded or otherwise obtained through the use of the Services at your own discretion, and you will be solely responsible for any damage to your computer system or loss of data.
(d)	No advice or information, whether oral or written, obtained by you from CMHK or the Services shall create any warranty not expressly stated in the TOS.
(e)	A small percentage of users may experience epileptic seizures when exposed to certain light patterns or a computer screen. Certain conditions may induce epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Services. Immediately discontinue the use of the Services and consult your physician if you experience any of the following symptoms while using the Services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.
(f)	The CMHK Website and Mobile Applications and all information, contents, products, services, mobile services and messaging services included on it or otherwise made available to you are provided by CMHK on an "AS-IS" and "as available" basis, unless otherwise specified in writing by CMHK. CMHK makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, contents, products, services, mobile services and messaging services included on it or otherwise made available to you by CMHK (including but not limited to their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security, or free from error), unless otherwise specified in writing by CMHK.
(g)	CMHK does not guarantee that network services can meet your demands, nor does it warrant the uninterrupted use as well as the timeliness, security and accuracy of the network services.
(h)	CMHK has no control over and hence has no responsibility for the contents uploaded to the Services or the contents, privacy policies, or practices of any third-party websites linked to from the Services.

15.

LIMITATION OF LIABILITY

15.1

You expressly understand and agree that CMHK shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CMHK has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party in the Services; (v) any other matter relating to the Services (unless otherwise expressly stated in the TOS in other ways).

16.

NOTICE

16.1	CMHK may provide you with notices by email, or an SMS, or both, to an email address or a mobile phone number nominated by you. For changes of the TOS or other matters, CMHK may post a notice or a link to the notice on the Services.

17.

GENERAL INFORMATION

17.1	The TOS: The TOS constitutes an integral part of the terms and conditions of the "(General) Contract for Telecommunications Services" entered between you and CMHK regarding the application of relevant service offers. The TOS regulates your use of the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CMHK services, related services, third-party contents or third-party software.
17.2	Choice of Law and Forum: The TOS and the relationship between you and CMHK shall be governed by the laws of Hong Kong without regard to its conflict of laws. You and CMHK agree to accept the personal and exclusive jurisdiction of the courts of Hong Kong.
17.3	Waiver and Severability of Terms: The failure of CMHK to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If the TOS or any provision of the TOS is found by a court of competent jurisdiction to be invalid, the contracting parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and other provisions of the TOS shall remain in full force and effect.
17.4	Non-Transferability: You agree that your CMHK user account is non-transferable and any rights relating to your CMHK user account or to contents within your account shall terminate upon your mobile service termination except otherwise agreed by CMHK.
17.5	Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17.6	The section titles in the TOS are for convenience only and have no legal or contractual effect.
17.7	For any discrepancies in different versions, the English version shall prevail.

18.

VIOLATIONS

18.1	Please report any violations of the TOS to our Customer Care Division.

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