Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website. Terms & Conditions T&C- V085 (Terms & Conditions for Google Direct Carrier Billing Service) 1) Your Acceptance This is an agreement between SmarTone Mobile Communications Limited ("SmarTone" or "the Company") and you ("you" or “the Customer”), a user of Google Direct Carrier Billing ("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) Google Direct Carrier Billing Service 2.1. The service is only available to customers who have subscribed to the Company’s monthly mobile telephone services except customers who have subscribed with a business registration or are using SmarTone stored-value SIM and PayGo. 2.2. If the Customer is not the account owner, the Customer must obtain the consent from the account owner by sending a message through a designated SmarTone website before using the Service whereby charges will incur in the account. 2.3. The Service can only be used on smartphones running Android 2.2 or above with Google Play. All purchases in Google Play are made from Google and prevailing Google Play Terms & Conditions apply. 2.4. The Service can be used to settle the payment of purchasing apps, games, books and rent movies in Google Play. SmarTone will bill the amount of the payment in your SmarTone bill. You will need to pay the amount shown on your SmarTone bill. 2.5. The Service has a HK$500 limit per month for purchases made on Google Play under each mobile number with SmarTone bill. The period of each monthly limit starts from the first day of the calendar month and ends on the last day of the calendar month. When the Customer’s latest purchase amount exceeds the monthly limit of HK$500, payment cannot be settled using the Service. 2.6. Any download of contents in Google Play and use of the Service will incur data charge. It will be charged at or deducted from relevant subscribed service plans, and charged at the applicable thereafter fee. Standard roaming data charges will apply while using the Service and Google Play abroad. If the Customer has applied for a Roaming Data Pack, data will be deducted from the plan. Standard roaming data charges will apply while using the service abroad. Please visit smartone.com/roamingdatapacken for details. 2.7. All contents under Google Play are provided by Google, and SmarTone is not responsible or liable for the quality, nature, accuracy and usefulness of the contents. 2.8. Refunds of all purchases can only be performed by the app developers or Google. The Service provided by SmarTone only serves as a payment method. For any refunds, the Customer will need to contact the developers or Google directly. All refund requests are required to follow Google’s refund policy. 2.9. The Customer agrees to be bound by the Google Terms of Service, and for details of the agreement, please click https://play.google.com/intl/en/about/play-terms.html . 2.10. SmarTone reserve the right to remove the Service without prior notice. Updated on 16/10/2015 Page 1 of 2 Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website. 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 the Company and is 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. 4) Privacy Policy 4.1. 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. 4.2. 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. 5) Applicable Laws 5.1. You shall comply with the laws of Hong Kong Special Administrative Region for use of the Service. 5.2. You expressly agree the courts of Hong Kong Special Administrative Region shall have the exclusive jurisdiction for any claim or dispute with the Company or relating in any way 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 the Customer or any person arising (directly or indirectly) from or out of or relating to the Service. 7) The Company reserves the right for final decision to the Service and to revise the terms and conditions from time to time. Updated on 16/10/2015 Page 2 of 2
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