T&C-V072
Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website.
Terms & Conditions T&C- V072
(Terms & Conditions for Cloud Storage Manager Service)
1)
1.1
Your Acceptance
This is an agreement between SmarTone Mobile Communications Limited ("SmarTone" or "the
Company") and you ("you"), a user of Cloud Storage Manager service ("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)
2.1
Service Plan
The Customer shall use the following Service Plan as specified in the Sales and Services Agreement
during the Term:
Service Features
Cloud Storage
Manager
Add-on
content encryption
Payment methods
Visa / Mastercard
SmarTone bill
Add-on
mirror-sync
Service Fees
HK$15 / 30 Days
HK$45 / 90 Days
HK$90 / 6 months
HK$180 / 1 year
HK$15 / month
HK$20 / 30 Days
HK$60 / 90 Days
HK$120 / 6 months
HK$240 / 1 year
Hk$20 / month
HK$20 / 30 Days
HK$60 / 90 Days
HK$120 / 6 months
HK$240 / 1 year
HK$20 / month
2.2
If you pay your bill via SmarTone, the Service is charged on a monthly basis. The monthly charges for the
first month will be charged on a pro-rata basis from the service effective date to the first bill date. The
monthly charges are payable in advance and non-refundable under whatever circumstances.
2.3
In addition to service fees, set out in Clause 2.1, download and use of the Service will incur data charge.
Local data will be charged at or deducted from the SmarTone 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. Customers of any other network, please check with your
mobile operator about the respective data charges.
3)
3.1
Cloud Storage Manager Service (“the Service”)
The Service is applicable for mobile network and Wi-Fi.
3.2
You shall be solely responsible for your own content of upload and sharing, and the consequences of
passing a link or publishing them. The Company makes no guarantees as to the validity, accuracy or legal
status of your content.
3.3
The Company is not liable for content uploaded, downloaded or shared through the Service.
3.4
The Service is a file manager. The free storage is provided by third party cloud storage service providers,
and is subject to change from time to time in accordance with the terms and conditions of such third party
cloud storage service providers. Please be sure to read the terms and conditions and privacy policies of
the cloud storage service providers.
3.5
The Company is not responsible whatsoever for the service reliability, any modification, suspension or
discontinuance of the third party cloud storage service providers.
3.6
The User experience of the Service may vary according to the service availability and server stability of
the third party cloud storage service providers.
Updated on 10/02/2015
Page 1 of 3
Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website.
3.7
You agree:
a)
to use the Service for personal and non-commercial use only;
b)
not to violate, reverse-engineer, duplicate, transfer, copy, distribute or otherwise tamper with any
part of the Service for any reason or assist another person to do so.
3.8
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.
3.9
The Service can only be used on Internet devices and computers specified by the Company. Any actions
on jailbroken or rooted devices are taken at your own risk.
3.10
The Company will do its best to keep the Service safe, but the Company cannot guarantee it. The
Company needs your help to do that, which includes the following commitments:
a)
You will not upload or otherwise share unauthorized commercial communications (such as spam)
on the cloud storage services via the Service.
b)
You will not collect users' content or information, or otherwise access the Service, using
automated means (such as harvesting bots, robots, spiders, or scrapers) without the Company’s
permission.
c)
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
d)
You will not upload viruses or other malicious code.
e)
You will not solicit login information or access an account belonging to someone else.
f)
You will not bully, intimidate, or harass any user.
g)
You will not share content that: is hateful, threatening, or pornographic; incites violence; or
contains nudity or graphic or gratuitous violence.
h)
You will not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
i)
You will not do anything that could disable, overburden, or impair the proper working of the
Service, such as a denial of service attack.
j)
You will not facilitate or encourage any violations of this statement.
4)
4.1
Add-on mirror-sync (only applicable to Customers subscribing to mirror-sync)
All saved files will be backed up in another provider upon mirror-sync subscription. Any new uploads
using the Service will be sent to two cloud storage providers.
4.2
The Company is not responsible for content loss or discrepancies between content stored in two cloud
storage providers due to the service unavailability of third party cloud storage providers.
5)
5.1
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 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.
6)
6.1
Privacy Policy
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.
6.2
The Company will do its best to keep your privacy safe, but still need your help. Please protect your own
personal information carefully.
Updated on 10/02/2015
Page 2 of 3
Copies of Terms and Conditions are available upon request at the SmarTone stores / hotline or / website.
7)
7.1
Applicable Laws
You shall comply with the laws of Hong Kong Special Administrative Region that apply to your use of the
Service.
7.2
You expressly agree to the exclusive jurisdiction for any claim or dispute with the Company or relating in
any way to the use of the Service resides in the courts of Hong Kong Special Administrative Region.
8)
8.1
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 you, or any person arising (directly or indirectly) from or out of
or relating to the Service.
9)
9.1
Advertisement
You acknowledge and agree that the Service includes advertisement.
9.2
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.
9.3
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.
9.4
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.
10)
The Company reserves the right to revise the terms and conditions of the Service from time to time.
Updated on 10/02/2015
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