PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY APPLY TO YOUR USE OF THE SERVICES


1. The Terms and Conditions
  By registering to use the Services, the Customer agrees to be bound by these terms and conditions.

2. Services
  Use of and access to the Services is conditional upon the Customer successfully completing the customer identity validation process as required by PCCW from time to time. This process may involve the Customer providing to PCCW a login ID, password or some other form of electronic verification tool ("Customer ID").
a. The Customer acknowledges that PCCW may at any time, in its sole discretion, and with or without notice:

i. vary the scope and type of Services or any part of the Services to be made available including any sub portal for which the Customer is required to register;
ii. modify or discontinue, or suspend or limit the Customers access to, the Site, any part of the Site;
iii. cancel, the Services or any part of the Services;
iv. cancel the Customer ID; or
v. shut down the Services, or part of the Services at any time to carry out system maintenance, upgrading, testing and/or repairs.

b. PCCW may require the Customer to nominate or register specific accounts for the purposes of the Services.
c. PCCW reserves the right to:

i. charge fees;
ii. vary or amend the terms and conditions that cover such fees, for access to, or use of all or part of the Services or Site, in accordance with clause 14 (Amendments) of these terms and conditions.
3. Registration and Use of the Services
a.The Services are for the sole and exclusive use of:

i. in the case of a Personal Customer, that Customer; and
ii. in the case of a Non-personal Customer, individuals authorised by such Non-personal Customer to use the Services on behalf of such Non-personal Customer ("Authorised User").
b. By registering to use the Services, the Customer warrants, represents and undertakes to PCCW that:

i. in the case of a Non-personal Customer, the Authorised User has full power and authority to enter into these terms and conditions, on behalf of such Non-personal Customer and all necessary corporate or administrative action has been taken to authorise acceptance of these terms and conditions;
ii. in the case of a Non-personal Customer, the Authorised User will use the Customer ID only to access information about such Non-personal Customer;
iii. all information provided by the Customer and, where applicable in relation to the Services including and not limited to the Customer's e-mail address is true, complete and up-to-date.

c. The Customer must not, and where applicable, ensure that the Authorised User does not use or knowingly allow any other person to use the Services to breach any law or fraudulently obtain, or attempt to obtain, goods or services from PCCW or any other person. The Customer must, and where applicable must ensure that the Authorised User, notify PCCW as soon as practicable if they become aware of such use.

4. Customer ID

The Customer, and where applicable the Customer must ensure that the Authorised User:

a. acknowledges that any forms of Customer ID are issued to the Customer for the purpose of activating the Services or authorising instructions or requests while using the Services and any other use is prohibited. PCCW is entitled to rely on the Customer ID as conclusive evidence of the Customer's identity and authority without further investigation and that any instructions made by the Customer using the Customer ID are the Customer's instructions;
b. must act in good faith, exercise reasonable care and diligence in keeping the Customer ID confidential. The Customer must not send or disclose the Customer ID to any other person or entity or store it in a manner that would reasonably allow another person or entity to obtain access to the Customer ID;
c. are fully responsible for any disclosure of the Customer ID to any other person and must bear the risk and any loss caused by use of the Customer ID by the Customer or any other person;
d. must immediately notify PCCW if they become aware:

i. that the Customer ID has been compromised or is known to a third party; or
ii. of any unauthorised use of the Customer ID, and such notice does not release the Customer, and where applicable, the Authorised User, from its obligations under paragraphs (b) and (c).

5. Site Content
a. The Customer, and where applicable the Authorised User, acknowledges that Content on the Site is subject to copyright and possibly other intellectual property rights ("Intellectual Property Rights"). Unless the Customer and where applicable the Authorised User, is expressly authorised by law, it must not itself, or permit any other person, to:
 
i. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, reverse engineer or otherwise use any of the Content in any way for any public or commercial purpose without PCCW's prior written consent; or
ii. use any Content on any other web site or in a networked computer environment for any purpose; or
iii. otherwise infringe the Intellectual Property Rights of any person in using the Service, the Site or any Content.
b. Nothing the Customer does on or in relation to the Services or the Site will transfer any Intellectual Property Rights to the Customer or its Authorised User or licence the Customer or Authorised User to exercise any Intellectual Property Rights unless this is expressly stated.

6. The Customers Use of the Site
The Customer, and where applicable the Authorised User, must not:
a. disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
b. violate any Applicable Law relating to its use of the Services and the Site; or
c. collect or store personal data about other users of the Services.

7. Personal Data and Cookies
a. In using the Services the Customer may give PCCW "personal data" as defined in the Personal Data Privacy Ordinance ("PDPO"). The Customer has certain rights in this personal data. By using the Services and the Site the Customer consents to the use by PCCW of its personal data in accordance with the "PCCW Privacy Policy Statement" and the terms and conditions applicable to the goods and services obtained from PCCW or its Affiliates in respect of which the Services are being used for the purposes of supplying the Services and including, without limitation, for the purposes of communications, marketing survey and/or marketing.
b. During a Customers, and where applicable the Authorised Users, use of the Services or the Site, PCCW may issue to and request from the Customer computer blocks of data known as "cookies". The Customer, and where applicable the Authorised User, must not alter any cookies sent to its computer from the Site and must ensure that its computer sends correct and accurate cookies in response to any relevant request from the Site.

8. Accuracy of information and Site content
a. The Customer, and where applicable the Authorised User, acknowledges that it will use the Services at its risk. The Customer, and where applicable the Authorised User, must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Site as part of the Services is for information purposes only.
b. PCCW endeavours to provide a convenient and functional Service, but it does not guarantee that the information received via the Site will be error free or that the Site or the server that operates it are free of viruses or other harmful components.
c. Although PCCW will use reasonable endeavours to maintain the Content, PCCW does not guarantee:
  i. the security of the Site or any systems (including the internet access) used in accessing the Services, or any information passed through such systems;
ii. that access to the Services or any systems used in accessing the Services will be continuous or virus or error free; and
iii. any part of the Service provided to customers via e-mail will be timely or accurate and the Customer acknowledges that such part of the Service may not be delivered or may be lost.

9. Online billing
Following the Customer's nomination or registration of an account to which the Services shall apply the Customer will not receive bills via the Usual Billing Procedure and will only receive bills via the Services(although where PCCW chooses, it shall be entitled to send correspondence by post to the Customer).
The Customer agrees:
a. PCCW will account to the Customer by either, posting bills on the Site and/or by e-mail transmission to the Customer;
b. to regularly check the Site for bills and the Customer will be deemed to have received a bill at the time when it is made available to the Customer by posting on the Site;
c. to regularly check the nominated email address for emails and the parties agree that a Customer will be deemed to have received a notice or advice by email on the day that the email is sent provided that PCCW have a record of the date of the transmission and the email address of the Customer; and
d. PCCW reserves the right, with or without notice, to vary or discontinue the billing procedure under the Services at any time, in its sole discretion, including for example and without limitation, reverting to the Usual Billing Procedure or any other procedure implemented by PCCW from time to time.

10. Third Party Providers
a. The Customer, and where applicable the Authorised User, acknowledges that

  i. parts of the Site; and
  ii. parts of the Services, are provided or maintained by third party providers and not by PCCW.
b. The Customers, and where applicable the Authorised Users, correspondence or dealings with any third party provider are solely between the Customer and that third party provider, and the Customer agrees that PCCW will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.

11. Limitation of Liability
a. PCCW will accept no liability whatsoever for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss in connection with the Customer's, an Authorised User's, or any other persons access to, reliance on, or use of, or inability to use the Services and the Site, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not PCCW is aware of the possibility of such damage or loss.
b. Without limiting any other provisions in these terms and conditions, everything on the Site and the Services are provided to the Customer, and where applicable the Authorised User, "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. PCCW excludes all representations and warranties to the fullest extent permissible under any Applicable Law.
c. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraphs (a) and (b) but allows a limitation of a certain maximum extent then PCCW's liability is limited to that extent.
d. If the Customer's use of the Service results in the need for servicing or replacing property, material, equipment or data, PCCW will not be responsible for such costs.


12. Customers Indemnity
The Customer must indemnify and hold harmless PCCW and its officers, employees and agents from and against any loss, costs, expenses, claims and liabilities of PCCW, including without limitation reasonable legal and accounting fees, that PCCW may suffer or incur as a result of, or relating to:

a. a breach by the Customer of its obligations under these terms and conditions;
b. the Customer's, and where applicable the Authorised User's, use of the Site or Service;
c. any willful, unlawful or negligent act or omission of the Customer, and where applicable the Authorised User; or
d. the issuing of Customer ID on the basis of a misrepresentation or misinformation by the Customer and where applicable the Authorised User.

13. Cancellation
a. The Customer may cancel its registration at any time by notifying PCCW, in the manner directed by PCCW from time to time.
b. PCCW may at any time and in its absolute discretion, cancel the Customer's registration without prior notice.
c. Clause 8 "Accuracy of information and Site content", clause 11 "Limitation of Liability", Clause 12 "Customers Indemnity" and Clause 16 "General Provisions" will survive cancellation of a Customer's registration or termination of this agreement.

14. Amendments
PCCW may revise these terms and conditions and/or introduce additional terms and conditions at any time and from any time. Any revision and/or addition to these terms and conditions will be posted on the Site and will, unless otherwise stated, become effective on the date that they are posted.

15. Notices
PCCW will give the Customer any necessary notices or provide information relating to the Services by either, posting them on the Site or by e-mail transmission to the Customer. The Customer agrees to, and where applicable will ensure that any Authorised User will:
a. check the Site for notices and the parties agree that a Customer will be deemed to have received a notice when it is made available to the Customer by posting on the Site; and
b. check the nominated email address for emails regularly and the parties agree that a Customer will be deemed to have received a notice on the day that the email is sent and the service records of the date of the transmission and the email address of the Customer residing in PCCW's database will constitute valid evidence of such service.


16. General Provisions
a. If any part of these terms and conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
b. These terms and conditions will be governed by the laws of Hong Kong. The Customer, and where applicable the Authorised User, irrevocably submits to the non-exclusive jurisdiction of the courts of Hong Kong.
c. The Customer, may not assign or transfer its rights or benefits under these terms and conditions to any other person or entity without the prior written consent of PCCW.
d. In the event of any inconsistency between these terms and conditions and any other terms and conditions relating to the Site, these terms and conditions will prevail.
e. The English version of these terms and conditions shall prevail over any Chinese version (if any) which is provided for information purposes only.

17. Definitions
In these terms and conditions:

Affiliate means:
a. any direct or indirect holding company of PCCW and/or its wholly owned subsidiaries and/or any company in which PCCW¡¦s direct or indirect holding company holds a controlling interest; and
b. any entity in which any of the entities referred to in (a) directly or indirectly owns any issued shares or other ownership interest.

Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
a. any law, rule or regulation of any country (or political sub-division of a country);
b. any obligation under any licence in any country (or political sub-division of a country); and
c. any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

Content includes things that the Customer may see, read, hear, download or access on or via the Site, including but not limited to messages, notices sent by e-mail transmission, files, data, software, images, photographs, illustrations, text, music, music video and other materials.
Customer means any Personal Customer or Non-personal Customer of the Services.
Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China.
Non-personal Customer means a Customer other than a Personal Customer that maintains an account with, or receives other services from PCCW or any of its Affiliates, and includes without limitation, a corporation, a partnership, a statutory body or authority, or a sole proprietorship.
PCCW means Hong Kong Telecommunications (HKT) Limited and may include where the context allows or requires, its successors and assigns. For the purpose of conditions 7, 11 and 12 herein, references to PCCW shall include Affiliates of PCCW for which PCCW act as collection and billing agent and in respect of whose services the Customer is billed.
Personal Customer means a private individual who maintains an account with, or receives other services from PCCW or any of its Affiliates in his or her personal capacity.
Services means the PCCW eBill service providing online billing, email reminder and other functions which assist customer to manage their bill through or by access to the Sites.
Sites means any internet site relating to any goods or services supplied by or on behalf of PCCW or any of its Affiliates.
Usual Billing Procedures means the billing procedures used by PCCW to bill and/or account to the Customer immediately prior to the Customers registration to the Services.

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