Special Terms and Conditions of HKBN Global Phone Service ( Service )

Transcription

1 Special Terms and Conditions of HKBN Global Phone Service ( Service ) 1. Global Phone Service is governed by the General Terms and Conditions of Hong Kong Broadband Network Limited ( HKBN ) (please visit: hkbn.net/tnc/en/general.html) and these Special Terms and Conditions. Subscriber understands and agrees that HKBN has the absolute right to revise all these terms and conditions from time to time, while HKBN will endeavor to give 30 days' prior notice to Subscriber before such revision takes effect. 2. The Service is an overseas mobile data service supported with designated mobile device (model: GlocalMe S1) ( Global Phone ) and application (name: GlocalMe Connect). Subscriber must use the Service with the Global Phone. 3. Subscriber is deemed to have accepted these Special Terms and Conditions of HKBN and the user agreement and privacy policy of GlocalMe Connect ( when applying for the Service. 4. The Service includes overseas mobile data service only, overseas voice, SMS and/ or other service(s) are not available. The service fee (including monthly service fee and thereafter overseas mobile data charge) covers overseas mobile data service fee only, excluding any other fees incurred during the use of overseas mobile data service. For Subscriber subscribing service plan with local mobile data, Subscriber is required to insert a HKBN s SIM card provided under the service plan into the Global Phone in order to use local mobile data, voice, SMS and/or other service(s). The Global Phone has two SIM slots, Subscriber may be required to select the SIM card manually in the phone setting in order to use the relevant service. HKBN will not be liable for any charge occurred due to wrong setting/ selection of the SIM card. 5. The Service is only applicable in designated regions and/ or countries ( Designated Regions and/or Countries ) - HKBN reserves the right to add, remove and/or change the Designated Regions and/or Countries without prior notice. Specific coverage area(s) in Designated Regions/ or Countries depends on the setup of the respective local network operator(s). Different network operators will be selected to provide the Service depends on the local network coverage, HKBN is not liable for any disputes incurred due to network coverage. No Service will be available if Subscriber locates in area(s) out of the coverage of the Service. 6. Before using the Service, Subscriber may disable the , applications, RSS, automatic update function of Podcast as well as the Data Roaming setting in Global Phone to avoid any unnecessary overseas mobile data usage and extra charge.

2 7. Subscriber should activate and login to the application of GlocalMe Connect with the Global Phone in order to connect with the overseas mobile data. Subscriber should be aware that the Global Phone shall be connected to internet in order to access the application. 8. Subscriber can refer to the usage information shown on the Global Phone (Actual usage record will be subject to the usage records of HKBN). 9. Subscriber acknowledges that the Service is a form of wireless communication technology and operates on the basis of transmission over radio frequency spectrum. As such it can be interfered with by, and not limited to, external sources or by obstacles inherent in buildings, vegetation or terrain, and HKBN cannot guarantee a perfect or error free transmission, both in terms of quality or availability of the Service, due to environmental factors, local mobile data network or any other reasons arising from the local network operator(s) of Designated Regions and/or Countries. 10. Subscriber shall not use the Service for public Wi-Fi hotspot, and abide by local regulations, laws and policies as they may pertain to overseas mobile data usage. Subscriber shall not use the Service for commercial purposes and reselling. 11. Designated applications will be pre-downloaded in the Global Phone, including but not limited to HKBN s My Account, MusicOne, MobileOffice Plus, Wi-Fi Concierge, mytv SUPER, TVB Anywhere, Big Big Channel and TVB News. Subscriber should register for individual application in order to enjoy the relevant service (if applicable). If the service plan subscribed by Subscriber includes any right to use the service of those designated applications (or part of them), HKBN will send activation information to Subscriber for using the service of relevant applications separately. 12. HKBN and Service Center will not provide any information or data transfer service. HKBN is not responsible for any and all content, information and communications transmitted by Subscriber using the Service. HKBN has no responsibility for the deletion, corruption or failure to any content transmitted using the Service. 13. All unused overseas mobile data is non-refundable and non-exchangeable. 14. Subscriber shall notify HKBN for disconnection of the Service within 24 hours, if his/her Global Phone registered for the Service Plan has been stolen or lost or converted,

3 tampered with or otherwise misappropriated within the Minimum Commitment Period/ the Validity Period. 15. For any problem of the Global Phone occurring within 7 calendar days upon purchase/ collection/ redemption/ delivery, Subscriber shall bring the Global Phone, all peripherals and accessories in its packaging with original customer receipt and the acknowledgement of redemption and/or the receipt confirmation and go to designated HKBN s shop ( or the designated retail shop for replacement. Warranty service will be provided by the supplier of the Global Phone within 12 months upon purchase/ collection/ redemption/ delivery. For problems occurring within the warranty period, Subscriber shall go to the authorized service center (please refer to ( the Service Center ) for repair arrangement with the Global Phone, all peripherals and accessories in its packaging with original customer receipt and the acknowledgement of redemption and/or the receipt confirmation. Any damage to the Global Phone caused by user abuse or misuse shall not be covered by the warranty and Subscriber may have to pay for the repair fee. For avoidance of doubt, the warranty will immediately expire upon (i) the termination of the Service, or (ii) expiration of the Minimum Commitment Period or (iii) expiry of the 12-month warranty period from the date of purchase/collection/ redemption/ delivery of Global Phone, whichever the earliest. 16. Subscriber understands that HKBN is only the reseller of the Global Phone and/or Service provided by Hong Kong ucloudlink Network Technology Limited ( ucloudlink ) (please visit: If the Service is terminated due to uncontrollable and unforeseeable circumstances caused by ucloudlink, HKBN is not liable for any service provisioning, whether during or after the Minimum Commitment Period. HKBN will only use its best business endeavors to serve advance notice to Subscriber for such service termination, as deems appropriate. 17. Subscriber understands that HKBN is not the supplier of the Global Phone. HKBN will not be liable for the quality of the Global Phone. 18. In case of any disputes, all overseas mobile data records, time and usage records of HKBN shall be final and prevail. HKBN reserves the right to charge Subscriber relevant administration charge for handling the enquiry of usage information. 19. HKBN may immediately terminate and/or suspend partly or entirely the Agreement and/ or the provision of the Service without any notice if HKBN suspects fraud or misuse of

4 network or resources of HKBN, ucloudlink or their respective contractors or business partner(s) by any Subscriber. 20. The Service in Designated Regions and/or Countries are provided by respective local network operators. Subscriber acknowledges and understands that there are unavoidable factors (such as the failure of local network operators of Designated Regions and/or Countries, natural disasters, and government policy or telecommunication regulations) which may cause service interruption. No refund and compensation will be made by HKBN in such cases. 21. To ensure appropriate usage of communication service by all customers, Subscriber shall use the Service in accordance with these Special Terms and Conditions. The respective local network operators of the Designated Regions and/or Countries have the right to change their service plans and policies at any time without prior notice. Subscriber shall abide by all usage policies for the local network operators of the Designated Regions and/or Countries, and Subscriber agrees and understands that if abnormal traffic occurs within the coverage of the Service provided by the local network operators, such local network operators have the right to interrupt, or restrict the use. HKBN will not be liable to Subscriber in such circumstances. 22. Internet accessibility is subject to local government regulation and security policy; access to websites or apps such as Google, Facebook, Whatsapp may be affected. 23. Subscriber agrees that HKBN may use or disclose the personal information furnished by Subscriber and any information and/or document relating to the Agreement to any third party service provider or agent of HKBN (including but not limited to ucloudlink, MyTV Super Limited, TVB Anywhere Limited) for the purpose of (a) provisioning the Service (including relevant maintenance and customer service) to Subscriber, (b) billing or invoicing, and/or (c) registering. 24. Unless otherwise provided, words and expressions used herein shall have the same meaning ascribed to them in the General Terms and Conditions. 25. In case of any disputes, HKBN s decision shall be final and conclusive. Only Applicable to Monthly Plan ( Service Plan ) 26. The Minimum Commitment Period of the Global Phone Service is 24-month. Subscriber is required to prepay a designated amount specified for individual Service Plan, the prepayment will be rebated in the designated month(s) within the Minimum

5 Commitment Period. The Service Plan includes a designated monthly overseas mobile data entitlement for usage in Designated Regions and/or Countries. Regardless of location, the time is calculated in Hong Kong local time. When the monthly overseas mobile data usage exceeds the monthly entitlement of the Service Plan, thereafter overseas mobile data charge will apply when Subscriber elects to acquire extra overseas mobile data, otherwise, the overseas mobile data service will be temporarily suspended until the end of that calendar month. Actual mobile data transmission speed that Subscriber experiences may vary due to Internet traffic conditions, local conditions, hardware, software and other conditions which may arise. 27. The extra overseas mobile data will be valid until the end of the month of purchase. All unused overseas mobile data is non-refundable and non-exchangeable. Unused overseas mobile data after the month of purchase will be cancelled and cannot be accumulated nor transferred. For the time being, if the Global Phone model or the software version is not up-to-dated, Subscriber may not be able to use the overseas mobile data purchased. 28. Subscriber can login to HKBN s MyAccount to check the latest overseas mobile data usage record. Subscriber can also refer to the usage information shown on the Global Phone (Actual usage record will be subject to the usage records of HKBN). 29. If Subscriber continues using the Service after the expiry of the Minimum Commitment Period, Subscriber will be charged the standard monthly fee specified for designated Service Plan. 30. Subscriber is required to settle the prepayment by credit card upon successful registration of the Service Plan. HKBN will send redemption notice for Global Phone to Subscriber s registered mobile number via SMS within 14 days upon the Global Phone being available and the settlement of the prepayment. 31. During the period after redemption of the Global Phone and before the effective date of the Service Plan, the Service will not be available. 32. If Subscriber terminates the Agreement within the Minimum Commitment Period for whatever reasons, Subscriber shall pay the total amount of the monthly fees payable for the remaining Minimum Commitment Period to HKBN as liquidated damages. The liquidated damages are genuine pre-estimate of loss and not penalty. Subscriber agrees that HKBN can set off the liquidated damages with prepayment (or any part thereof) of related service and Subscriber shall pay the remaining balance of liquidated damages after set off, if applicable.

6 33. If Subscriber terminates any of the subscribed service(s), Subscriber is required to give at least 30 days prior written notice in prescribed form to HKBN. 34. Global Phone is a premium and cannot be exchanged for cash and is not transferable. No refund will be offered. 35. If Subscriber loses the Global Phone within the Minimum Commitment Period, Subscriber may purchase another Global Phone from HKBN (HK$1500 per device or the prevailing price announced by HKBN, whichever is higher) in order to continue using the Service. In any event, the Agreement will continue and Subscriber is obliged to pay the monthly service fee (if applicable) even if Subscriber has lost the Global Phone.