Terms
and Conditions (“Terms and Conditions”) for accessing wireless LAN network via
PCCW Wi-Fi Service ("Service")
PCCW IMS Limited (“PCCW”) have entered into arrangements with each
of City University of Hong Kong, Hong Kong Baptist
University, Lingnan University, The Chinese
University of Hong Kong, The Hong Kong Institute of Education, The Hong Kong
Polytechnic University, The Hong Kong University of Science and Technology, The
Open University of Hong Kong and The University of Hong Kong
(individually or collectively, “The University”) to provide students and staff
members of The University (“you”) with wireless LAN access to the Internet
through the Service. Your use of the Service shall constitute your agreement to
be bound by these Terms and Conditions.
1.
Eligibility and Availability
All current and new students and staff members of The University are eligible to use the Service.
The Service complies with the IEEE standard and is provided by PCCW. To use the Service, you must (a) use equipment or device which is Wi-Fi and IEEE compliant, and capable of using the Service; (b) satisfy the eligibility requirements for the Service specified by PCCW from time to time; (c) use the Service in the designated PCCW Wi-Fi hotspots within Hong Kong (This is subject to change from time to time without prior notice); and (d) follow the instructions given by PCCW from time to time.
2. Free of Charge
Subject to these Terms and Conditions, the Service is provided to you for use free of charge. You are entitled to enjoy unlimited usage of the Service provided that you access and use the Service via a Wi-Fi authentication standard of 802.1X or via The University’s internal official e-mail login and password. If you access and use the Service via any other means and/or login procedures as specified by The University and/or PCCW from time to time, you will be restricted to a daily usage limit of two hours per day in your use of the Service (This is subject to change from time to time without prior notice).
3. Use
of Service
For the use of the Service, you acknowledge and accept that:
(a) you shall not, or permit any other person to, send or attempt to send or cause to be sent, any commercial electronic message not in accordance with the applicable law;
(b) you shall not resell, sub-license, assign or transfer your right to use the Service to any person by whatever means;
(c) you shall not hack, break into, access, reverse engineer, use or attempt to hack, break into, access, reverse engineer or use any part of (i) the Service and/or any data areas on PCCW’s servers for which you have not been authorised by PCCW; and (ii) any web site of any third party for which you have not been authorised;
(d) you shall not, or permit any other person to, send, publish, distribute, make available to other Internet users, transmit or circulate any material or content that is obscene, indecent, vulgar, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, discriminatory, menacing, in breach of confidence, infringes or is likely to infringe any copyright, trademark, patent, moral right or other intellectual property right of any third party or in contravention of the applicable law;
(e) PCCW may, in its sole discretion and without liability to you or any users, change, deactivate, withdraw, suspend or terminate any and all the Service and/or change these Terms and Conditions, with or without reason and/or notice to you. Without limiting the generality of the preceding sentence of this sub-clause 3(e), PCCW is entitled to terminate the Service if you fail to comply with any provisions of these Terms and Conditions or if you are in breach of any applicable law;
(f) PCCW shall not be responsible or liable for any acts, omission, default or negligence of you and/or any users (whether authorised or not) arising out of or relating to the use of the Service;
(g) you shall not tamper, change or modify or in any other ways seek to or attempt to tamper, change or modify the PCCW’s network;
(h) you shall, and procure any other person using the Service (whether authorized by you or not) to, fully comply at all times with (i) the applicable law and regulatory requirements applicable to the use of the Service; and (ii) all instructions or guidelines as may be imposed by PCCW from time to time. You further undertake not to use or allow others to use the Service for any purpose which PCCW considers improper, immoral, defamatory, fraudulent or otherwise in contravention of the applicable law;
(i) you must not, or permit any person to, use the Service to publish, post, upload, transmit, re-transmit, send, or circulate any software or other materials that:
(j) you must not, or permit any person to, copy, encode, digitise, reformat, compress, intercept, interfere, or tamper with or otherwise manipulate the signals of the Service in any way and by any means;
(k) PCCW may (although PCCW is not obliged to do so) delete (in whole or in part) (i) any suspected spam messages and/or (ii) virus-infected files, messages, contents or any other materials, with or without notice to you;
(l) PCCW may (i) limit (in whole or in part) or suspend (in whole or in part) the transmission, delivery or circulation of any information, content, messages and/or any other materials by you or any users of the Service, with or without notice to you, if and when PCCW detects for the first time that the Service is used for the spamming activities; and (ii) terminate the Service immediately, with or without notice to you, if PCCW detects for the second time that the Service is used for spamming activities;
(m) PCCW or its affiliates may provide aggregated, segmental or otherwise, anonymous, statistical information on your usage of the Service (such as but not limited to subscription and usage data), to advertisers upon their request with or without notice to you; and
(n) the NETVIGATOR Broadband terms and conditions as set out in Appendix 1 of these Terms & Conditions, shall govern your access to the Internet via the Service, excluding clause 2(x), the second paragraph of clause 2, sub-clause (ii) in the third paragraph of clause 2, the fifth and last paragraph of clause 2 and clauses 3, 4, 5, 6, 8, and 9 of the NETVIGATOR Broadband terms and conditions. In the event of inapplicability, inconsistency or conflict, these Terms and Conditions shall prevail over the NETVIGATOR Broadband terms and conditions.
4. Disclaimer
of warranties and limitation of liability
4.1 Except for those materials, data, information, contents, services, products or merchandise expressly identified as being offered or provided by PCCW or its affiliates as principal, PCCW does not exercise control over any materials, data, information, contents, services, products or merchandise accessible via the Service and PCCW shall not accept any responsibility or liability whatsoever for such materials, data, information, contents, services, products or merchandise.
4.2 You expressly acknowledge and accept that (a) there are risks relating to the use of the Service and you shall assume all and any responsibility and liability related to the security, privacy and confidentiality risks arising out of or relating to the Wi-Fi and/or wireless communications and technology; (b) the Service is provided on an "as is" and/or "as available" basis (as the case may be) and are for personal use only; and (c) PCCW does not make any warranty, undertaking, representation or assurance relating to the use of the Service.
4.3 The Internet accessible via the Service may contain unedited or uncensored materials, some of which are unsuitable to minors or may be offensive to you or any other users of the Service. You assume all and any risk and responsibility associated with the use of the Service and the Internet accessible via the Service and you are solely responsible for evaluating the accuracy, completeness, usefulness, quality and merchantability of all materials, data, information, contents, services, products or merchandise, provided through the Service and/or the Internet accessible via the Service.
4.4 PCCW does not warrant or represent that the Service will be uninterrupted, error-free, or free of computer viruses, worms, software bombs, hidden files, illicit codes, Trojan horse or any other harmful or malicious computer instructions.
4.5 PCCW makes no express warranties and to the extent permitted by law, you waive all implied warranties (including, without limitation, the warranties of title, non-infringement, merchantability, and fitness for a particular purpose) regarding any materials, data, information, contents, services, products or merchandise provided through the Service or the Internet accessible via the Service.
4.6 No advice, data or information provided or statements made by PCCW, its employees, agents, representatives or contractors shall constitute or is deemed to constitute a warranty, undertaking, representation or assurance whatsoever pertaining to the Service. Any statements made and any data or information provided in packaging materials, manuals or other documents of PCCW are provided for your references only and shall not be regarded as warranty, undertaking, representation or assurance relating to the Service made by PCCW, its employees, agents, representatives or contractors.
4.7 You acknowledge and accept that to such extent permitted by law, PCCW, its affiliates, employees, agents, representatives or contractors shall not be liable for any action, claim, proceeding, demand, loss, damage, liability, charge, cost and expense whatsoever and however arising from the use of the Service and/or the Internet accessible via the Service by you and/or any users (whether authorized by you or not). In particular, you acknowledge and accept that PCCW, its affiliates, employees, agents, representatives and contractors expressly disclaim any and all liability for:
(a) any indirect, special, economic, collateral, incidental, consequential or punitive loss or damage, whether in contract, tort, statutory or otherwise, suffered, sustained or incurred by you or any person arising out of or relating to the Service. For the purposes of these Terms and Conditions, indirect or consequential loss or damage includes, without limitation, loss of revenue, profit, anticipated savings or business, loss, corruption or damage to data, voice or other information, loss of goodwill, loss of bargain, loss of opportunities, loss of use or value of any equipment and software, any third party claims, and, all associated and incidental costs and expenses;
(b) any claim, loss or damage relating to any materials, data, information, contents, services, products or merchandise supplied, provided, sold or made available by or through the Service (or any failure or delay to so supply, provide, sell or make available);
(c) any claim, loss or damage relating to any disruption, termination, suspension or degradation of the Service or any part thereof;
(d) any claim, loss or damage which is attributable to a Force Majeure (as defined below) event; and
(e) any damage to or loss of software and/or hardware installed in your computer, device or other equipment for the purpose of using the Service.
5. Third
Party’s Transaction or Communication
5.1 For the transaction or communication made between you and any third party (“Third Party”) when using the Service, PCCW is not a party to and is not otherwise involved in any manner in:
(a) any verification or authentication of any payment details provided by you and/or any other user of the Service or the preferred credit provider or banker (if any) of you or such user;
(b) the provision of any credit to, or any payment collection function to or from, you or any other person;
(c) any arrangement for payment of any bill, or the settlement of any account between (i) you or any other user of the Service and (ii) the Third Party;
(d) any dispute between (i) you or any other user of the Service and (ii) the Third Party; and
(e) the collection, use, processing, holding, verification, authentication, storage, modification, removal or transfer of any Personal Data (as defined in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong)) or information provided by you and/or any other users of the Service to such Third Party.
5.2 You acknowledge and accept that PCCW and/or its affiliates shall have no responsibility or liability whatsoever relating to or arising from the transaction or communication mentioned in clause 5.1.
6. Force
Majeure
6.1 Notwithstanding any other provision of these Terms and Conditions, PCCW shall not be liable for failure to fulfill an obligation under these Terms and Conditions if such a fulfillment is delayed, prevented, restricted or interfered with for any reason as a result of a Force Majeure event provided that PCCW has used its reasonable endeavours to mitigate the effect of the Force Majeure event and to carry out its obligations under these Terms and Conditions in any other way reasonably practicable.
6.2 For the purposes of these Terms and Conditions, the expression “Force Majeure” means anything outside the reasonable control of PCCW including, without limitation, industrial disputes of any kind, war declared or undeclared, blockade, disturbance, a natural disaster such as lightning, earthquake, storm, flood, explosion or meteor, law or any power lawfully exercised by a government agency, any change in any applicable law, inability or delay in granting governmental or other approvals, consents, permits, licenses or authorities, or telecommunication network outage or degradation which PCCW cannot reasonably control.
7. General
provisions
7.1 PCCW may appoint agents and PCCW may assign (in whole or in part) its rights, sub-contract (in whole or in part), transfer (in whole or in part) or otherwise dispose of (in whole or in part) its rights, duties and obligations under these Terms and Conditions to any person at any time without your consent.
7.2 You shall not assign (in whole or in part) any of its rights, transfer (in whole or in part) or otherwise dispose of (in whole or in part) its rights, duties and obligations under these Terms and Conditions to any person.
7.3 You have not relied on any representations or warranties (if any) made by PCCW, its affiliates, employees, agents and representatives in relation to the Service except as expressly provided in the Agreement.
7.4 The rights, powers, authorities, discretions and remedies of a party under these Terms and Conditions do not exclude any other right, power, authority, discretion and remedy.
7.5 Any failure, delay, relaxation or indulgence by a party in exercising any power or right conferred on that party by these Terms and Conditions does not operate as a waiver of that power or right unless expressed in writing to be a waiver.
7.6 Each of the provisions of these Terms and Conditions is severable and distinct from the others, and if one or more of such provisions is or becomes invalid, unenforceable or illegal, the other provisions will continue to be effective and binding.
7.7 Time shall be of the essence in all respects for you to undertake and perform your duties and obligations under these Terms and Conditions.
7.8 The termination of these Terms and Conditions and/or the Service shall not affect any accrued rights or liabilities of the parties nor shall it affect the coming into force or the continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.
7.9 These Terms
and Conditions are governed by the laws of the Hong Kong Special Administrative
Region (“
7.10 These Terms and Conditions may be translated into Chinese and such Chinese version is provided for reference only. The English version of these Terms and Conditions shall prevail over any Chinese version in the event of any inconsistency.
Appendix 1 – NETVIGATOR
BROADBAND TERMS AND CONDITIONS
1. Our responsibilities
“We” and “us” means PCCW IMS Limited. We will provide you (the Subscriber) with login ID(s) and password(s) to access NETVIGATOR BROADBAND subject to the terms and conditions of this Agreement and, without limitation, to our rights to do any of the following at any time: (i) deactivate NETVIGATOR BROADBAND, with or without notice to you, to carry out system maintenance, upgrading, testing and/or repairs; (ii) limit or suspend your access to NETVIGATOR BROADBAND, with or without notice to you, where we are of the opinion that such action is appropriate as a result of your use of NETVIGATOR BROADBAND; (iii) although we are not obliged to, we may delete any suspected spam email, virus-infected files and/or emails, with or without notice to you; (iv) without limiting the generality of clause 1 (ii) above, limit or suspend your transmission, delivery or circulation of any information, message, email or content , with or without notice to you, if and when our email system detects for the first time that the Services and/or NETVIGATOR BROADBAND are used for spamming activities and terminate the Services immediately, with or without notice to you, if and when our email system detects for the second time that the Services and/or NETVIGATOR BROADBAND are used for spamming activities; (v) take any steps or omit to take any steps, with or without notice to you, for any reason we deem relevant to the management and operation of NETVIGATOR BROADBAND and our business, that may expand, reduce, modify, suspend, limit, make inaccessible or adversely affect any of, or any part of, the Services (being any of the services which may be accessed through NETVIGATOR BROADBAND, or by the use of login ID(s) and passwords provided by us whether such services are supplied by us or by third parties), or any of, or any part of, the Content (being any still picture or other series of moving images, whether animated or otherwise, music video, music, voice, data, information and/or other material, goods or services that may be accessed through NETVIGATOR BROADBAND or by the use of login ID(s) and passwords provided by us whether such services are supplied by us or by third parties); and (vi). introduce new fees, amend the amount of fees payable, amend the terms and conditions of this Agreement and/or amend any operating rules which govern your use of NETVIGATOR BROADBAND by: (a) posting the details of such amendments on www.netvigator.com; and/or (b) sending you a notification of such amendments via post or such other means as determined by us, such amendments to take effect 7 days after such posting on www.netvigator.com is made and/or on a date as specified in such notification. Without limitation to any other provision in this Agreement, we expressly disclaim and exclude any liability whatsoever arising directly or indirectly from us exercising any of our rights as set out herein.
2. Your responsibilities
You will (i) be strictly and solely responsible for any use of the login ID(s) and password(s) provided to you and any Designated User (being those other persons specified on the Application Form who will be issued with separate login ID’s and passwords to access NETVIGATOR BROADBAND) in accessing NETVIGATOR BROADBAND, the Services or the Content, and you agree that any such use will be treated by us as a use by you; (ii) not copy, distribute, publish, transmit upload, download or otherwise exploit any Content unless you own that Content or possess an appropriate licence; (iii) not use NETVIGATOR BROADBAND to publish, distribute, transmit or circulate any unsolicited information, message or content (whether they are for advertising or promotional purpose or otherwise) or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, liable to incite racial hatred, discriminatory, menacing or in breach of confidence; (iv) not hack, break into, access, use or attempt to hack, break into, access or use any part of NETVIGATOR BROADBAND, its Content and/or any data areas on our server(s) for which you have not been authorised by us; (v) not hack, break into, access, use or attempt to hack, break into, access or use any part of any website(s) of any third parties, its contents and/or any data areas on any server(s) of any third parties for which you have not been authorised; (vi) not store or upload any kind of tools, software or materials in any storage space assigned by us to you in our server(s) that can be used, in our sole opinion, for hacking or any other illegal or improper purpose; (vii) ensure that each of the Designated Users comply with these terms and conditions; (viii) abide by all relevant laws of Hong Kong and any operating rules, as amended from time to time, when using NETVIGATOR BROADBAND; (ix) subject to any other term contained in this Agreement, not assign, transfer or sub-license all or any part of your rights or obligations under this Agreement; (x) in relation to any content which you upload to NETVIGATOR BROADBAND, be deemed to have granted to us an irrevocable perpetual licence to copy, distribute, publish and transmit such Content as is necessary for the operation of NETVIGATOR BROADBAND, without charge, unless agreed otherwise between you and us; (xi) safeguard your login ID and password and ensure that they are not disclosed or provided to any other person and ensure that any Designated User safeguard its login ID and password and ensure that they are not disclosed or provided to any other person; and (xii) only use NETVIGATOR BROADBAND for personal and not commercial, resale, profit making or business purposes.
You acknowledge that (i) you are over the age of 18 and will at all times supervise the use of NETVIGATOR BROADBAND by persons under the age of 18; (ii) no unused ‘free usage hours’ of access time may be carried forward to the following month; and (iii) except for that Content which is supplied by us as principal, it is not our policy to exercise any editorial control over or to edit or amend any Content before it is transmitted or made available through NETVIGATOR BROADBAND. However, you hereby authorise us to amend or delete any Content which is uploaded or otherwise provided by you where any such Content is, in our sole opinion defamatory, in breach of copyright, illegal or otherwise not appropriate to be accessed by or through using NETVIGATOR BROADBAND.
You agree to indemnify us against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by us arising from or which is related to (i) your use, any Designated Users’ use and/or any other person's use of NETVIGATOR BROADBAND where such person was able to access NETVIGATOR BROADBAND by using your or a Designated User’s login ID and/or password; (ii) any theft, loss and/or damage caused to the Service Provisioning Equipment (being the equipment we placed at your premises linking up the socket for the provision of NETVIGATOR BROADBAND service and your personal computer); and (iii) any breach or non-observance of any term of this Agreement by you or any Designated User.
If we request personal data from you that constitutes Personal Data (meaning Personal Data as that term is used in the Personal Data (Privacy) Ordinance), you may decline to provide the Personal Data but in that event we may decline to provide NETVIGATOR BROADBAND to you. You agree that we may use the Personal Data for any and all of the following purposes: (a) the provision of NETVIGATOR BROADBAND or the Services to you (including the transfer of such Personal Data to other telecommunications network providers or third parties as necessary for the provision of NETVIGATOR BROADBAND and/or the transfer of such Personal Data to Affiliates (meaning any other entity which directly or indirectly controls us, is controlled by us, or is under common control with us) as necessary for the provision of Services by such Affiliates); (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 NETVIGATOR BROADBAND; (c) marketing of goods and/or services by us, our agents, Affiliates or subsidiaries, in relation to NETVIGATOR BROADBAND or the Services provided by our Affiliates; (d) improving of goods and/or services in relation to the provision of NETVIGATOR BROADBAND or the provision of Services by our Affiliates; (e) processing of any benefits arising out of or in connection with NETVIGATOR BROADBAND; (f) analysing, verifying and/or checking your credit, payment and/or status in relation to the provision of NETVIGATOR BROADBAND; (g) processing of any payment instructions, direct debit facilities and/or credit facilities in relation to provisioning NETVIGATOR BROADBAND or requested by you; (h) enabling the daily operation of your accounts with us or our Affiliates and/or the collection of amounts outstanding from you (which may include disclosing your personal data to debt collection agencies) in relation to NETVIGATOR BROADBAND, the Services, the Content or any products and services provided by our Affiliates; (i) enabling us to comply with our obligations to interconnect or other industry practices; (j) keeping you informed of other services we provide; (k) prevention or detection of crime; (l) disclosure as required by law; and (m) any other purposes as may be agreed to by the parties. You agree 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 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 you for such person to use, disclose, hold, process, retain or transfer for the purposes listed in this paragraph or any other purposes incidental thereto.
You 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 NETVIGATOR BROADBAND to you. On our request, you shall provide us with information relating to you and your use of NETVIGATOR BROADBAND 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 you have complied, are complying and will be able to continue to comply with all of your obligations under this Agreement. If you do not provide us with this information within 2 business days, you licence us and our authorised representatives during the term of the Agreement and for 3 months after its termination, to enter the premises owned or occupied by you during business hours, after giving reasonable notice, for the purpose of obtaining any information requested under this paragraph.
You acknowledge and agree that we may check your storage space as assigned by us to you in our server(s) if required to do so by law or if in good faith we reasonably believe that such checking is necessary to: (i) enforce the terms of this Agreement; (ii) respond to claim(s) by third parties that your use or any Designated User’s use of NETVIGATOR BROADBAND violates the rights of third parties, is illegal or improper; or (iii) protect the rights, property or safety of NETVIGATOR BROADBAND, its users, other websites and the public.
3. Payment
We will send you an invoice every month with a list of all Fees (being fees for Hardware (i.e. that hardware specified on the Application Form which is supplied to you to access NETVIGATOR BROADBAND) purchase, Software (i.e. that software which is supplied to you to access NETVIGATOR BROADBAND) licence, installation, monthly subscription, storage, Content, PNETS charges and any other relevant fees and charges current from time to time) which relate to your use of NETVIGATOR BROADBAND, the Services and/or any Content. 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 you. Records held and logging procedures adopted by us will be conclusive evidence of the usage of NETVIGATOR BROADBAND, the Services and the Charges payable by you. Usage charges for NETVIGATOR BROADBAND and the Services will be measured using such unit of measurement as is adopted by us for such usage from time to time. We can provide you with a hard copy of the invoice if you pay the additional handling charge set out on the Application Form. Unless otherwise specified, all subscription fees are payable monthly in advance. You agree to pay the full amount of such invoice by the payment method selected by you on the Application Form, such payment to be made before the due date for payment as specified on the invoice. You hereby authorise us to charge your credit or charge card with the full amount of such invoice at any time before the due date for payment on the invoice, such authorisation to continue after the expiry date on any such card (and where you are not the cardholder, you hereby agree to procure such authorisation from the cardholder). Notwithstanding the suspension of the Services and/or NETVIGATOR BROADBAND, you are still liable to pay the Fees current from time to time for the Service and/or NETVIGATOR BROADBAND suspension period until the date of the termination of the Services and/or NETVIGATOR BROADBAND or the resumption of the Services and/or NETVIGATOR BROADBAND (as the case may be). Any disputes regarding an invoice must be raised within 30 days of the date of the invoice notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the bank. Please note that no credit or refund is available in respect of any time when NETVIGATOR BROADBAND is ‘down’ or suspended. If you have not paid any invoice by the due date, we reserve the right to (i) vary the billing frequency at any time without prior justification; (ii) issue an interim invoice for accrued charges, which will become immediately due and payable; (iii) re-issue any invoice if any error is subsequently discovered; and invoice you through a billing agent or any of our Affiliates; (iv) 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 your access to NETVIGATOR BROADBAND is suspended or terminated before payment is made; and (v) transfer any amount that is owing to you or due from you under any of your accounts, if you have more than one account with us, so as to settle any outstanding amount due to us under any of your accounts whether they have been terminated or suspended. You acknowledge that if we invoice you for Content as agent for a third party provider of that Content, we are not the supplier of that Content.
4. Service Provisioning Equipment
You agree (i) that you may be required to pay a security deposit for the Service Provisioning Equipment at the then current rate set by us; (ii) not to part with possession or control of the Service Provisioning Equipment; (iii) to keep the Service Provisioning Equipment in good and clean condition; (iv) not to alter or remove any labels or other markings which are on the Service Provisioning Equipment when delivered; (v) not to tamper with, avoid or remove any integrated circuit, component or protection facility contained in the Service Provisioning Equipment ; (vi) not to connect a Service Provisioning Equipment to more than one computer and/or to any device unless such connection is expressly authorised in writing or provided by us; (vii) not to permit anyone other than us to carry out any repairs or maintenance to the Service Provisioning Equipment. If the Service Provisioning Equipment proves to be defective under normal use due to defective materials, design and/or workmanship, we will at our option either repair or replace the Service Provisioning Equipment.
5. Software Licence
We hereby grant to you a non-exclusive and non-transferable licence for you to store, run and use the Software on your computer in accordance with the terms and conditions of this Agreement and the software licence which accompanies the Software but not further or otherwise. Except to the extent permitted by law, you shall not alter, modify, adapt or translate the Software nor decompile, disassemble or reverse engineer the same nor attempt to do any such thing.
6. Hardware and Connection
You agree (i) that the provision of access to NETVIGATOR BROADBAND is subject to the reconfiguration of your personal computer and the installation of the relevant Hardware and Software; (ii) to authorise us or our authorised agents to reconfigure your personal computer to allow access to NETVIGATOR BROADBAND and install the relevant Hardware and Software by signing a separate NETVIGATOR BROADBAND Hardware and Software Installation Authorisation letter; (iii) that it will be your responsibility prior to installation or configuration of Hardware or Software in this clause 6 to back up data on your personal computer and inform us if any configuration or installation by us is likely to invalidate any support arrangements or other functions of your personal computer; (iv) to authorise us or our authorised agents to disable any Local Area Network (LAN) card installed in your personal computer in order to access NETVIGATOR BROADBAND and/or install the Hardware and/or Software (which includes the removal of any defective network interface card (being the computer interface card, including but not limited to ATM25 card or Ethernet card we provide for you) and installation of a replacement network interface card); (v) that we reserve the right not to reconfigure your personal computer or install the related Hardware or Software as we deem appropriate and at our discretion; (vi) that only one single standalone connection per modem will be set up by us to NETVIGATOR BROADBAND; (vii) not to directly or indirectly share or connect the connection to NETVIGATOR BROADBAND with any other personal computer and/or any device unless such sharing or connection is expressly authorised in writing or provided by us, and in any case, not to directly or indirectly share or connect the connection to NETVIGATOR BROADBAND to a LAN, server or any other network of any form; (viii) that you will not use any other hardware in place of the Hardware supplied to you under this Agreement to access NETVIGATOR BROADBAND without our written consent; (ix) that we will not be liable for any loss or damage (including loss of data) suffered by you or any other person arising directly or indirectly from our configuration or installation activities (which includes installation of a replacement network interface card) under this clause 6.
You warrant that you own the personal computer on which we conduct configuration and installation activities pursuant to this clause 6. If you do not own the personal computer you agree to obtain the consent of the relevant owner of the personal computer before we will carry out any such activities.
The configuration and installation activities pursuant to this clause 6 and the provision of Services under this Agreement are both subject to your personal computer meeting Basic Requirements for configuration as specified on the Application Form.
7. General Warranties & Liability
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 NETVIGATOR BROADBAND, the Software, the Hardware, the Services and/or any Content, that NETVIGATOR BROADBAND 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 use of NETVIGATOR BROADBAND, any Services and/or any Content unless otherwise specifically mentioned in this Agreement.
Without limitation to the above disclaimer or any other provision in this Agreement, you acknowledge and agree that unless we have entered into an agreement with a Voice over Internet Protocol (VoIP) service provider allowing it to use NETVIGATOR BROADBAND to deliver VoIP services then such service provider will continue to have no entitlement to use NETVIGATOR BROADBAND to deliver VoIP services and accordingly, it may not be possible to access VoIP services supplied by such service provider using NETVIGATOR BROADBAND or, if accessible, the standard or quality of such VoIP services may be adversely affected. A list of VoIP service providers who have entered into an agreement with us to utilize NETVIGATOR BROADBAND to deliver VoIP services is available on www.netvigator.com.
You agree that our liability under this Agreement shall in any event not exceed the total Fees paid by you to us for the immediately preceding twelve months prior to any incident giving rise to a claim.
We expressly disclaim any liability for (i) any damage to or loss of data suffered by you arising from your use of NETVIGATOR BROADBAND, the Software, the Hardware, the Services and/or any Content; (ii) any claim based in contract, tort, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not; (iii) any claim relating to any Services and/or any Content supplied, provided, sold or made available by or through NETVIGATOR BROADBAND (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 or any person who accesses NETVIGATOR BROADBAND using your login ID and/or password, arising whether directly or indirectly from accessing and using NETVIGATOR BROADBAND, any of the Services or playing any computer games through NETVIGATOR BROADBAND; and (v) any disruption or suspension of NETVIGATOR BROADBAND or any part thereof which is attributable to an event or circumstance beyond our reasonable control.
8. Termination
We may terminate this Agreement at any time on the giving of at least one calendar month notice to you or immediately by notice to you if you breach any term of this Agreement. You may terminate this Agreement at any time by giving at least one calendar month prior notice to us. This Agreement is automatically terminated if (i) you do not sign the Hardware and Software installation authorisation letter in accordance with clause 6; or (ii) the installation of the Hardware or Software does not occur for any reason.
You may not be able to relocate NETVIGATOR BROADBAND if (i) the relocation area (whether within or outside of Hong Kong) does not have coverage of NETVIGATOR BROADBAND; or (ii) the relocation address is within commercial or industrial premises. In the event that you are not able to relocate NETVIGATOR BROADBAND, we may terminate your subscription to NETVIGATOR BROADBAND without liability to you. You shall be liable to pay the total monthly fees for NETVIGATOR BROADBAND for the period from the date of termination to the expiry of the contract term of your subscription to NETVIGATOR BROADBAND.
9. Effect of Termination
Upon the date of termination of this Agreement (i) all licences, rights and privileges granted to you under the terms of this Agreement shall cease; and (ii) you will promptly return the Service Provisioning Equipment to us in good and clean condition whereupon we shall refund any security deposit to you (after deducting any outstanding Fees and any loss or damage (if any) suffered by us in connection to your use of the Service Provisioning Equipment but under no circumstances will you be entitled to a refund of any Fees, interest on any security deposit or any pro rata monthly service fee). Any termination of this Agreement shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in this Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.
10. General
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 at any time. The English version of these terms and conditions shall prevail over any Chinese version which is provided for information purposes only. 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 the Hong Kong SAR and the parties hereby submit to the non-exclusive jurisdiction of the courts of the Hong Kong SAR.
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