Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website. Terms & Conditions T&C- V099 (Terms & Conditions for SmarTone Screen Replace™ (Applicable to designated Android Smartphone)) 1) 1.1 Acceptance of Terms This is an agreement between SmarTone Mobile Communications Limited ("SmarTone" or "the Company") and you ("You" or “the Customer”), a user of SmarTone Screen Replace™ ("the Service"). BY USING THE SERVICE, THE CUSTOMER ACKNOWLEDGES AND AGREES TO THESE TERMS AND CONDITIONS. If the Customer does not agree to any of these terms and conditions, you may not use the Service. 2) SmarTone Screen ReplaceTM 2.1 As an integral part of the telecommunications services and/or products you have purchased from SmarTone, SmarTone Screen Replace™ provides reimbursement (“Reimbursement”) for accidental physical damage to the device screen and /or its attached LCD panel of a designated smartphone purchased from SmarTone (“Purchased Device”). The Reimbursement only applies to the repair or replacement cost in respect of the Purchased Device’s screen or LCD panel if it is damaged by an accident to the device. 2.2 The Customer shall be entitled to the Service for the period (“Period”) specified in the Sales and Services Agreement. The Period shall start from designated date set out below: a) the Purchased Device is purchased from SmarTone’s sales channels: (i) the purchase date of the Purchased Device is set out in the Sales and Services Agreement b) the Purchased Device is purchased from the SmarTone Online Store: (i) the purchase date of the Purchased Device is set out in the Receipt c) the Purchased Device is not purchased from SmarTone but the Customer subscribes a designated SIM Only service plans with the Company: - (i) Updated on 31/03/2016 Page 1 of 4 for new subscription (immediately provide IMEI number) – the date of signing the Sales and Services Agreement for recontract or stacking contract or new subscription (cannot immediately provide IMEI number) – the date of registering the service at store The Service is only applicable under the following circumstances: 1. The smartphone is a designated brand and model. For details, please refer to http://www.smartone.com/en/privileges_and_support/support/device_support/sma rtone_screen_replace.jsp . 2. The smartphone is purchased 30 days before or 7 days after the signing of the Sales and Services Agreement or of registering the service at store. 3. Customer should complete the verification of the Purchased Device at SmarTone Stores within 7 days after the date of signing the Sales and Services Agreement or of registering the service at store before the Service comes into effect and provided: Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website. - there is no physical damage to the Purchased Device screen and the Purchased Device is functioning normally - Smartphone IMEI number and purchase receipt coincide - Smartphone purchase receipt is issued by designated sales channels. For details, please refer to http://www.smartone.com/en/privileges_and_support/support/device_support /smartone_screen_replace.jsp . 4. For those customers, who do not complete the verification of the Purchased Device within 7 days after the date of signing the Sales and Services Agreement or of registering the service at store, the service will be terminated automatically. 5. After registering the service, if Customer cancels the corresponding service plan, the Company has the right to charge back $400 administrative fee. d) The smartphone is a designated brand and model. For details, please refer to http://www.smartone.com/en/privileges_and_support/support/device_support/smartone_screen_repla ce.jsp . 2.3 Service Fee a) Applicable to Android smartphones purchased from SmarTone’s sales channels with designated plan subscription Service Fee Period Limit FREE 12 months Maximum of one approved Reimbursement within the Period HK$300 HK$400 24 months 24 months b) Applicable to Android smartphones purchased at SmarTone Online Store only Service Fee Period Limit FREE 12 months Maximum of one approved Reimbursement within the Period HK$240 (for Online Store only) HK$320 24 months 24 months c) Applicable to Android smartphones purchased from sales channels designated by the Company (http://www.smartone.com/en/privileges_and_support/support/device_support/smartone_screen_r eplace.jsp) and the Customer subscribes to the Company’s designated SIM Only service plan Service Fee Period Limit FREE 12 months Maximum of one approved HK$300 HK$400 24 months 24 months Reimbursement within the Period Maximum of two approved Reimbursement within the Period 2.4 The Service is applicable to: a) Customers who subscribe to designated service plans of the Company and purchase an Android smartphone from SmarTone’s sales channels b) Customers who purchase Android smartphone at SmarTone Online Store Updated on 31/03/2016 Page 2 of 4 Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website. c) Customers who purchase Android smartphone from sales channels designated by the Company and subscribe to the Company’s designated SIM Only service plans. 2.5 The Service is only eligible for subscription at the time of a) purchase of a Purchased Device from the Company; or b) subscribe to a designated SIM Only service plans from the Company. 2.6 Each Purchased Device is entitled to join the Service once. 2.7 The Service will automatically cease after the maximum number of approved Reimbursement has been provided and no further Reimbursements or refunds will be provided. 2.8 Getting Reimbursement: a) b) c) d) 2.9 Repair or replacement of the Purchased Device must be carried out by the Customer with the handset manufacturer(s) and/or its Authorised Repair Centre(s). The Customer shall visit any of the Company’s stores, fill in a form together with the official repair receipts issued by the handset manufacturer(s) and/or its Authorised Repair Centre(s). The official repair receipts should include (but not be limited to) the IMEI number of the Purchased Device, the smartphone model, date of repair, cause of damage to screen or LCD panel and repair cost of the damaged screen or LCD panel. The form and the official receipt must be filed with the Company within 14 days after the completion of the repair or replacement. The date of repair or replacement must be within the Period applicable to the Purchased Device. The Company has the absolute and final right to approve or reject the Reimbursement according to the submitted information. The review by the Company will take place within 30 working days. The approved Reimbursement will be settled by cheque and will be sent to the Customer’s registered address provided by the Customer. The Reimbursement will not cover the following loss or damage to the Purchased Device: a) b) c) d) e) f) g) h) i) Loss or damage which is not accidental in nature; Loss or damage that is beyond or not applicable to repair; Loss or damage due to gradual deterioration including normal wear and tear and mechanical or electrical derangement, water damage, theft, abusive, willful or intentional conduct associated with the handling and use of the Purchased Device; Loss or damage that does not affect the functionality of the LCD panel/ screen of the Purchased Device, including but not limited to scratches, cracks (other than cracked glass/display which affects the functionality of the screen), split, distortion, or change of colour or outward form; Loss or damage which is covered by warranties of the handset manufacturer(s); Loss or damage for which service or recovery may be obtained under any recall campaign or class action suit; Any other repair, refurbishment or replacement of any other component or the Purchased Device itself; Loss or damage to a Purchased Device whose IMEI number has been changed, removed, erased, defaced, altered or is illegible; or Loss or damage to a Purchased Device which has undergone unauthorised modification or connections, unauthorised opening, repair with use of unauthorised spare parts, or repair by an unauthorised person or at an unauthorised location. 3) Your Responsibilities 3.1 In order to receive Reimbursement, the Customer shall comply with the following terms and conditions: Updated on 31/03/2016 Page 3 of 4 Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website. a) b) c) d) The repair or replacement must be handled by the handset manufacturer(s) and/or its Authorised Repair Centre(s) in Hong Kong only. The Customer shall provide official repair receipts issued by the handset manufacturer(s) and/or its Authorised Repair Centre(s). The official repair receipts should include (but not be limited to ) the IMEI number of the Purchased Device, the smartphone model, date of repair, cause of damage to screen or LCD panel and repair cost of the damaged screen or LCD panel. The Customer will provide information about the nature of the damage to the Purchased Device. The Customer will respond promptly to requests for information, including (without limitation) with regard to the IMEI number of the Purchased Device, the smartphone model, date of repair, cause of damage to screen or LCD panel and repair cost of the damaged screen or LCD panel. 4) 4.1 Intellectual Property Rights The design of the Service along with any service features (“Applications”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by the Company and are protected by applicable intellectual property laws including but not limited to copyright. Except to the extent permitted by law, the Customer shall not use such Applications and/or Marks in any way whatsoever except for use of the Service. The Customer shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the Applications in any manner. 5) 5.1 Privacy Policy The Company has developed a Privacy Policy that covers how it collects, uses, discloses, transfers and stores customer information. Please visit www.smartone.com for full details of the Company’s Privacy Policy. 5.2 The Company will do its best to keep the Customer’s privacy safe, but the Customer is advised to protect his/her own personal information carefully. 6) 6.1 Applicable Laws These Terms and Conditions, and the use of the Service, shall be governed by the laws of the Hong Kong Special Administrative Region. 6.2 The Customer expressly agrees that the courts of the Hong Kong Special Administrative Region shall have the exclusive jurisdiction for any claim or dispute with the Company relating in any way to the use of the Service. 7) 7.1 Limitation of Liability The Company shall under no circumstances be liable whether in contract, tort, statute or otherwise (including without limitation for negligence, breach of contract, defamation) for any special, direct, indirect or consequential loss or damage (including without limitation, loss of revenue, loss of data or goodwill) which is suffered, sustained or incurred by the Customer or any person arising (directly or indirectly) from or out of or relating to the Service. 8) The Company reserves the right to make any final decision in relation to the Service and to revise the terms and conditions of the Service from time to time. Updated on 31/03/2016 Page 4 of 4
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