T&C-V087

T&C-V087
Copies of Terms and Conditions are available upon request at SmarTone stores/hotline/website.
Terms & Conditions T&C-V087
Terms & Conditions for “KKBOX” Service
1)
Your Acceptance
1.1 This is an agreement between SmarTone Mobile Communications Limited ("SmarTone" or "the
Company") and you ("you" or the “Customer”), a user of KKBOX ("the Service"). BY USING THE
SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS. If you
do not agree to any of these terms and conditions, you may not use the Service.
2)
Service
2.1 KKBOX is a digital music streaming service provided and operated by KKBOX Hong Kong
Limited (“KKBOX HK”) for customers to enjoy music download and streaming via supported
devices and personal computers ("PC").
2.2 The Customer shall use the Service for the period specified in the Sales and Services Agreement
(“Term”). The Term shall start from the service effective date.
2.3
Service Plan
KKBOX (12-month contract plan)
- $44/ month
- 12-month contract
Term
Liquidated Damages (HK$)
12 months
HK$49 x remaining months of the Term
2.4 The Service Plan is charged on a monthly basis. The monthly charges are non-refundable under
whatever circumstances.
2.5 Unless otherwise specified by the Customer, the Service will continue to be provided to the
Customer after the expiry of the Term and such service will be switched to a then prevailing
comparable plan on non-contract basis that is specified from time to time.
2.6 In addition to service fees, download and use of the Service will incur data charge. Local data will
be charged at or deducted from the Customer’s subscribed price plan, whichever is applicable.
Standard roaming data charges will apply while using the Service abroad. If the Customer has
applied for a Roaming Data Pack, data will be deducted from the plan. Please visit
smartone.com/roamingdatapacken for details.
2.7 The Customer shall pay the Company liquidated damages specified in clause 2.3 upon the
occurrence of any of the following events before the expiry of the Term:
2.7.1 If the Customer changes to a service not specified above; or
2.7.2 lf the Customer terminates KKBOX service; or
2.7.3 If the Customer changes the mobile telephone number / the registered name for the mobile
telephone number; or
2.7.4 If at the request of the Customer or for whatever reason caused by the Customer, the
mobile telephone services cannot be activated within 90 days from the date of the Sales
and Services Agreement.
2.8 This Service can be used on smartphones and tablets running iOS 7.0 or above and Android™
4.0 or above.
2.9 You agree:
Updated on 10/12/2015
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Copies of Terms and Conditions are available upon request at SmarTone stores/hotline/website.
a) To use the Service for personal and non-commercial use only;
b) Not to violate, reverse-engineer, duplicate, reproduce, transfer, share, capture, copy, forward,
distribute or otherwise tamper with any content obtained from using the Service and any part
of the Service for any reason or assist another person to do so.
2.10 Usage rules established by the Company relating to the Service may be controlled and modified
by the Company for compliance purpose and the Company reserves the right to enforce such
usage rules without notice to you.
2.11 The Service can only be used on smartphones specified by the Company. Any actions on
jailbroken or rooted devices are taken at your own risk.
2.12 The Service allows customers to stream, listen and download music during the subscription
period. If the Customer terminates the Service, all downloaded music from the Service will no
longer be accessible.
2.13 The Company makes no warranty that:
2.13.1 The Service will meet the Customer’s requirements;
2.13.2 The Service will be uninterrupted, timely, secure or error-free;
2.13.3 The results that may be obtained from the use of the Service will be accurate or reliable; or
2.13.4 The quality of any services, information or other material obtained by the Customer through
the Services will meet his/her expectation.
2.14 The Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings or for any damage to the Customer’s
device or loss of data that results using the Service, including without limitation, the download of
any materials, data or information. The Customer expressly relieve SmarTone from any and all
liabilities arising from the access or use of any part of the Service.
2.15 All contents under the Service are provided by KKBOX HK, and SmarTone is not responsible or
liable for their quality, nature, accuracy and usefulness of the contents.
2.16 The content and categories of content available in the Service and the charges of the Service are
subject to change at any time without prior notice.
2.17 The Company may (i) deactivate or suspend the Service or any part thereof, with or without notice
to you, to carry out system, maintenance, upgrading, testing and/or repairs; (ii) limit or suspend
your access to any of the Service with or without notice to you if the Company is of the opinion
that such action is appropriate as a result of your use of the Service; (iii) take any steps or omit to
take any steps, with or without notice to you, for any reason the Company deems relevant to the
management or the operation of any of the Service and the Company's business, that may
expand, reduce, modify, suspend, limit, make inaccessible or adversely affect the Service or any
part thereof.
2.18 The Company may, upon discovery of suspected or inchoate, fraudulent, deceptive, unlawful or
improper use of the Service by users, suspend users' access to any or all of the Service
temporarily or permanently.
2.19 Users agree to be bound by the Terms of Use from KKBOX HK, which agreement can be found at
https://www.kkbox.com/about/en/terms.
2.20 SmarTone is the authorized agent of KKBOX HK for billing and collection of the charges of the
Service from the Customer during the subscription period.
3)
Intellectual Property rights
3.1 The design of the Service along with any service features (“Applications”) and the trademarks,
service marks and logos contained therein (“Marks”) are owned by KKBOX HK and is protected by
applicable intellectual property laws including but not limited to copyright. Except to the extent
permitted by law, you shall not use such Applications and/or Marks in any way whatsoever except
for use of the Service. You shall not modify, rent, lease, loan, sell, distribute or create derivative
works based on the Applications in any manner.
Updated on 10/12/2015
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Copies of Terms and Conditions are available upon request at SmarTone stores/hotline/website.
4)
Privacy Policy
4.1 Your privacy is important to the Company. The Company has developed a Privacy Policy that
covers how it collects, uses, discloses, transfers and stores your information. Please visit
smartone.com/privacypolicyen for full details of the Company’s Privacy Policy.
4.2 The Company will do its best to keep your privacy safe, but still need your help. Please protect
your own personal information carefully.
5)
Applicable Laws
5.1 You shall comply with the laws of Hong Kong Special Administrative Region in relation to your
use of the Service.
5.2 You expressly agree to the exclusive jurisdiction of the courts of Hong Kong Special
Administrative Region in determining any dispute with the Company or relating to the use of the
Service.
6)
Limitation of Liability
6.1 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 you, or any person
arising (directly or indirectly) from or out of or relating to the Service.
7)
Advertising
7.1 You acknowledge and agree that the Service includes advertisement.
7.2 The Company is not a party to and is not otherwise involved in any manner in any
correspondence or business dealings with, or participation in promotion of, advertisers found on
or through the Service, including payment and delivery of goods or services and any other terms,
conditions, warranties or representations associated with such dealings which are solely between
the Customer and such advertiser. The Customer agrees that the Company shall not be
responsible or liable for any loss or damage whatsoever incurred as a result of any such dealings
or as the result of the presence of such advertisers on the Service.
7.3 The Company does not represent or endorse the accuracy or reliability of any information,
advertisements or contents contained on, distributed through, or linked, downloaded or accessed
from the Service. The Company cannot and does not guarantee the quality or reliability of any
products or information purchased or obtained by you as a result of an advertisement or any other
information displayed in the Service. By using the Service, you expressly acknowledge and agree
that the Company shall not be responsible for any damages, claims or other liability arising from
or related to such advertisements or information displayed in the Service.
7.4 The Company may provide advertisers with reports on how their advertisements performed on
the Service, but the Company only provides the data to them after the Company has removed
your name or any other personally identifying information from it, or has combined it with other
people's data in a way that it is no longer associated with you.
8)
The Company reserves the right to revise the terms and conditions of the Service from time to
time.
Updated on 10/12/2015
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