Terms and Conditions
ZONE Service Terms and Conditions of Use
IMPORTANT : PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
1.1 The User hereby accepts and agrees to be bound by these Terms and Conditions of Use which may be revised from time to time. The User agrees to review these Terms and Conditions of Use periodically and the continuing access to and/or use by the User of the ZONE Service shall be deemed as conclusive evidence of the irrevocable acceptance by the User of the revised Terms and Conditions of Use as they become effective from time to time.
1.2 For a Personal User, the User declares that he or she is over 18 years old and is a holder of a valid Hong Kong Identity Card.
"Fees" means the following fees and charges for the use of and access to the ZONE Service as may be charged by ZONE from time to time in accordance with these Terms and Conditions of Use: -
(i) any registration fee, monthly subscription fee and service charges for the use of the ZONE Service; and
(ii) any other payable fees, taxes, tariffs and charges.
"Hong Kong" means The Hong Kong Special Administrative Region of the People's Republic of China. "Registration Form" means the registration form prescribed by ZONE which a potential User completes in order to become a User and be granted access to the ZONE Service.
"Site" means the web site at which Users may access the ZONE Service.
"Telecommunication Brand" means any company and/or carrier (including without limitation ZONE) providing telecommunication services through the ZONE Service.
"Terms and Conditions of Use" means these terms and conditions of use contained herein and any subsequent modification, addition or alteration to these terms and conditions of use contained here in. "ZONE" means ZONE Limited (formerly known as TelaPortal Limited), its successors and assigns.
"ZONE Express Terms and Conditions" means those additional terms and conditions as promulgated by ZONE from time to time upon and subject to which Users may access and use the "Automatic-Recharge ZONE Express Service" (having its meaning defined in those terms and conditions).
"ZONE Service" means collectively the telecommunication services and solutions applied for by the User in the Registration Form and/or such other services ordered or requested for by the User and/or agreed to be provided by ZONE from time to time.
"ZONE VoIP Terms and Conditions" means those supplemental or additional terms and conditions as promulgated by ZONE from time to time upon and subject to which Users may access and use the voice over Internet protocol services provided by ZONE.
"User" means the person, firm, company or organization described on the Registration Form who has subscribed to use the ZONE Service electronically or through other means by submitting the Registration Form and whose subscription has been approved by ZONE.
3.1 The User declares that: -
3.1.1 the information provided in the Registration Form is true, accurate, complete and up to date;
3.1.2 the User will safeguard and keep confidential any password and access number which ZONE provides
to the User and if the User believes that the password and/or access number has been lost or stolen, the User will immediately notify ZONE;
3.1.3 any person(s) using the User's password and/or access number is either the User or authorised by the User; and
3.1.4 the User will inform ZONE immediately of any changes to the information provided in the Registration Form.
3.2 The User acknowledges that the ZONE Service may be governed by additional terms and conditions which may be revised from time to time. Notice may also be provided by electronic mail or regular mail.
4.1 The User acknowledges that ZONE may, in its sole discretion and with or without notice:-
4.1.1 vary the ZONE Service or any part thereof; and
4.1.2 modify, suspend or temporarily discontinue the ZONE Service or any part thereof.
4.2 In consideration of the User paying the Fees as and when they fall due and complying with the Terms and Conditions of Use, ZONE will use its reasonable endeavours to provide and maintain the ZONE Service. 4.3 The ZONE Service is supplied by ZONE on an "as is" basis and without any express or implied warranties save for those warranties implied or imposed by and which cannot be excluded or restricted under the laws of Hong Kong. ZONE cannot guarantee the service quality and performance of any Telecommunication Brand or any combination thereof. The entire risk as to the quality and performance of the ZONE Service is with the User.
5. Use of the ZONE Service
5.1 The User will pay all the Fees due and payable to ZONE as a result of the use of the ZONE Service by the User.
5.2 The User is responsible for all content of his/her messages and attachment(s) (if applicable) and all other information and data provided to ZONE for any reason whatsoever, and any consequences arising therefrom. ZONE shall not be liable to or responsible for howsoever any content of his or her messages and attachment(s) (if applicable) or any information and data that may be provided by the User or any other person by or through ZONE Service or its equipment.
5.3 The User will not use ZONE Service for transmission of any unsolicited advertising or promotional messages, material or information, junk fax, spamming, chain letters or any other type of unsolicited transmission where the recipient has not requested or invited the same (whether for a commercial purpose or not) or for purposes of pyramid schemes or any other illegal or dishonest purposes. The User will not use any ZONE Service to send, post, distribute, disseminate or display in public any defamatory, obscene, racist or otherwise unlawful or objectionable or unsuitable messages, material or information. The User will not use any ZONE Service in such a manner as to breach, invade, attack or violate any proprietary or intellectual property rights of any other person or entity. The User will not send or transmit any messages or material that may be offensive, discriminating, harassing, abusive, harmful, embarrassing, vulgar or otherwise objectionable.
5.4 The User will comply with all applicable laws in Hong Kong and any other relevant jurisdiction relating to the use of the ZONE Service or any third party service. In addition, the User will comply with all regulations, guidelines and other requirements of ZONE and the Telecommunications Authority regarding the use of the ZONE Service.
5.5 The User shall be deemed to have sole and full responsibility for any access to or use of the ZONE Service through the User's password and/or access number. The User will remain liable for use of the ZONE
Service by any third party until ZONE has received written notice of such event from the User requesting suspension of the ZONE Service.
5.6 ZONE reserves the right to take all necessary steps to prevent any unsolicited or other unauthorized or objectionable messages, material, information or any other form of transmission. ZONE may also block, filter, monitor or otherwise refuse the transmission of any message, information or data that ZONE at its sole discretion deems objectionable or unsuitable or in breach of or non-compliance with any of these Terms and Conditions of Use.
6. Fees and Payments
6.1 The User acknowledges and agrees to pay ZONE the Fees in the manner selected by the User on the Registration Form as and when they become due and payable without set-off or deduction. The User further acknowledges and agrees that service charges of any Telecommunication Brand as from time to time determined by the relevant telecommunication company or carrier may change at any time without notice. The records of ZONE shall be final and conclusive in respect to the calculation of Fees save and except for any manifest errors.
6.2 Time is of the essence of these Terms and Conditions of Use in respect of payment of Fees. Fees are immediately due and payable on the date of the invoice. If the Fees are not received by ZONE in the agreed manner, the ZONE may immediately suspend or terminate ZONE Service to the relevant User and/or ZONE may charge interest at the rate of 1.5% per month on the outstanding amount accruing on a daily basis until payment has been made in full.
6.3 Without prejudice to any rights and remedies available to ZONE, you shall indemnify ZONE against all costs, charges and expenses which ZONE may incur (including without limitation legal fees and debt collection agency charges) in relation to obtaining or attempting to obtain payment hereunder.
7. Additional Terms
7.1 The terms and conditions of use of the Telecommunication Brands, which are relevant to the use of the ZONE Service by Users, are hereby incorporated as part of the Terms and Conditions of Use. By agreeing to the Terms and Conditions of Use, the User accepts and agrees to be bound by the relevant terms and conditions of use of the Telecommunication Brands. Copies of the relevant terms and conditions of use are available from ZONE upon request at the cost of the User.
7.2. Users will also be bound by ZONE Express Terms and Conditions by reason of his or her gaining access to or use of ZONE Express Service, which terms and conditions are at all times be deemed part and parcel of these Terms and Conditions of Use. In the event of ZONE deems any inconsistency or ambiguity between any of the ZONE Express Terms and Conditions and these Terms and Conditions of Use, such ZONE Express Terms and Conditions shall prevail.
7.3. Users will also be bound by ZONE VoIP Terms and Conditions by reason of his or her gaining access to or use of ZONE VoIP Service, which terms and conditions are at all times be deemed part and parcel of these Terms and Conditions of Use. In the event of ZONE deems any inconsistency or ambiguity between any of the ZONE VoIP Terms and Conditions and these Terms and Conditions of Use, such ZONE VoIP Terms and Conditions shall prevail.
7.4 ZONE may impose additional terms and conditions upon any User in relation to his/her/its use of ZONE Service or any part thereof, including without limitation requiring the User to place a deposit of such sum to be determined by ZONE as a condition to the User's right to use ZONE Service.
8. Disclaimer and Limitation of Liability
8.1 ZONE disclaims any representation, warranty or responsibility in relation to the operation or quality of the ZONE Service, that the ZONE Service will be uninterrupted or error free, any result to be obtained from use of the ZONE Service, any services which may be offered by any Telecommunication Brand and, to the extent permitted by law, ZONE expressly disclaims any warranties whether express or implied as to the title, fitness for a particular purpose, merchantability or standard of quality of the ZONE Service and any content, goods or services unless otherwise specifically mentioned in the Terms and Conditions of Use.
8.2 ZONE expressly disclaims any liability for (i) any damage to or loss of data suffered by the User arising from the User's use of the ZONE Service and the service of any Telecommunication Brand; and (ii) any claim based in contract, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not including, without limitation, any such loss which the User suffers as a result of the use of the ZONE Service or the service of any Telecommunication Brand and any error, inaccuracy, or computer virus in or introduced into the User's computer system by, through or in connection with the ZONE Service or the service of any Telecommunication Brand; (iii) any claim relating to content, goods or services supplied, provided, sold or made available by or through the ZONE Service, and any disruption or suspension of the ZONE Service or any part thereof or the service of any Telecommunication Brand which is attributable to an event or circumstance beyond ZONE's control and including but without limitation, acts of God, war, flood, fire explosion, civil disobedience, governmental action, legislation not in force at the of the time of promulgation of these Terms and Conditions of Use, restraints imposed by governments or any other regulatory authorities, labour disputes, trade disputes or delays of parties over which ZONE has no control; and (iv) the content of any web-sites linked to the Site or for any service offered by linked sites or any other aspects in relation to such links.
8.3 ZONE's liability under the Terms and Conditions of Use shall in any event not exceed the total fees paid by the User to ZONE for the immediately preceding 180 days prior to any incident giving rise to a claim.
8.4 ZONE will not be bound to verify the authenticity or authority of a signature or mark purportedly of or on behalf of the User. Any authorized signatory chop, business chop, personal seal, signature or mark appearing on the Registration Form or any correspondence shall be binding on the User and ZONE is irrevocably authorized to reply on any form, letter or document purportedly signed by or on behalf of the User.
9. Personal Data and Cookies
9.1 All personal data held by ZONE will be kept confidential and in accordance with the Personal Data (Privacy) Ordinance but the User agrees ZONE may disclose or provide such data to the following parties :- 9.1.1 subsidiaries, holding companies, associated companies or affiliates or companies controlled by or under common control with ZONE ;
9.1.2 any other person who is under a duty of confidentiality to ZONE who has undertaken to keep such information confidential;
9.1.3 any financial institutions, charge or credit card issuing companies, credit information or reference, or collection agencies necessary to establish and support the payment of any services being requested; and 9.1.4 during the User's use of the Site, ZONE may issue to and request from your computer blocks of data known as "cookies". The User must not alter any cookies sent to the User's computer from the Site and the User must ensure that the User's computer sends correct and accurate cookies in response to any relevant request from the Site. Cookies enhance the Site's performance by providing a secure method for user identification and improving Site navigation. User privacy and security are not compromised when a User accepts a cookie from the Site.
10. Intellectual Property Rights
All copyright and other intellectual property rights that vest in the works comprised within the ZONE Service or ancillary to it are owned by ZONE or its related companies or are licensed to ZONE by third parties. ZONE hereby reserves all intellectual property rights in any services offered by ZONE, including without limitation the contents of the Site and the Domain Name. Any use by an User of a ZONE Service does not entitle the User or any person, company or organization to claim ownership or right of any intellectual property or similar rights in the ZONE Service or the Site.
11.1 ZONE may terminate, in whole or in part, the ZONE Service or any part thereof at any time with or without cause on the giving of one calendar month's notice in writing to the User.
11.2 The User may, by giving one calendar month's notice in writing to ZONE, terminate the use of the ZONE Service provided that all obligations, terms and conditions as stated herein have been observed and performed in full.
11.3 ZONE may at any time suspend or terminate any User's access to and use of the ZONE Service or any part thereof if, in ZONE's opinion, if: -
11.3.1 the User or any authorized user under the User's account has acted in breach of or otherwise fails to comply with any of these terms and conditions (as extended pursuant to , including without limitation the User has failed to pay ZONE on due date any sums due by the User to ZONE;
11.3.2 the User or any authorized user under the User's account has failed and/or neglected to comply with any reasonable requirement of ZONE;
11.3.3 the User or any authorized user under the User's account misuses the ZONE Service or any part thereof or use the ZONE Service for any fraudulent or unlawful purposes, including without limitation using ZONE Service for the purpose of transmission of unsolicited advertising or promotional information;
11.3.4 the User becomes bankrupt, wound-up or otherwise insolvent, or ZONE has reasonable cause to believe that the User is or will be unable to pay all sums payable by the User to ZONE;
11.3.5 there is any unauthorized modification, alteration or tampering with any equipment delivered or issued to the User in conjunction with the ZONE Service, including without limitation the copying of any electronic serial number or other information comprised therein;
11.3.6 any Fees for the use of the ZONE Service exceed the credit limit specified by ZONE or by the credit card account registered with ZONE from time to time;
11.3.7 any personal information or data of the User is found to be false, inaccurate or incomplete;
11.3.8 a company or carrier providing telecommunication services through the ZONE Service or any other third party fails to make corresponding network, system and/or service available to or through ZONE for any reason;
11.3.9 ZONE is instructed or advised by the Telecommunications Authority or any other applicable authority or government department so to do.
12.1 Any right or obligation of or in these Terms and Conditions of Use may be assigned by ZONE at any time without the consent of the User.
12.2 The User shall not assign, transfer, convey, license or otherwise dispose of its rights and obligations under the Terms and Conditions of Use to any other party without the prior written consent of ZONE.
13. Other Provisions
13.1 Any invoice or notice from ZONE to the User will be sent to the address or facsimile number or email address or (in the form of SMS) telephone number shown on the Registration Form or such other address, facsimile number or email address or telephone number as the User may subsequently notify ZONE and such invoice and notice shall be deemed served/received by the User within 48 hours of posting or immediately upon faxing or sending the SMS or email.
13.2 If any provision of these Terms and Conditions of Use is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions of Use, which shall remain in full force and effect. If any provision of these Terms and Conditions is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted or modified, the provision in question shall apply with such minimum modification(s) as may be necessary to make it valid and enforceable as near as may be to its invalid or unenforceable form.
13.3 these Terms and Conditions of Use constitutes the entire agreement and understanding between the User and ZONE and supersedes all prior agreements or understandings, whether oral or in writing, between the User or his or her representatives and ZONE in relation to the subject matter thereof.
14. Governing Law and Jurisdiction
These Terms and Conditions of Use are governed by and construed in accordance with the laws of Hong Kong and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.
ZONE VoIP Terms and Conditions
1. Until Further notice, this ZONE VoIP Service (this "Service") does not support the telephone directory services, or any collect-call service.
2. This Service will be interrupted in case of power failure and customer should not use this Service to connect to the lifeline device. Should there be an outage in power supply and/or service disruption with fully functional broadband service, this Service will not be available until power and/or such broadband service is fully restored. Nevertheless, the User remains liable for all service fee payable during such period notwithstanding that this Service is not available. A power and/or broadband failure or disruption may require resetting or reconfiguring associated equipment before using this Service.
3. ZONE shall not be responsible if this Service could not be used as a result of use of any telephone system, equipment or device other than a Device provided by ZONE to the User for this Service which the User has ordered or requested for and/or ZONE has agreed to provide to the User.
4. This Service and any Device associated with the use of this Service are provided to the User for its own use. The User agrees to use this Service only for lawful purposes, and it shall not resell or transfer this Service or any Device to any other person or organization for any purpose. The User also agrees not to use this Service for telemarketing or voice or fax broadcasting.
5. The User shall not change or tamper in any manner with any Device or Service without prior consent of ZONE which ZONE may deny at its sole discretion. The User shall not hack or disrupt this Service.
6. This Service shall be used within Hong Kong. If the User removes any Device to any location other than within Hong Kong and uses this Service from there, the User does so at his or her own sole risk, including the risk that such activity violates local laws in the location where the User does so. The User shall be liable for any such use of the Service and/or Device by him or her or any person making use of the Service or Device provided to the User, and agrees to indemnify and keep harmless ZONE against any liability for such use.
7. The User understands that the telephone number assigned to the User by ZONE at all times remains the property of ZONE, and cannot be ported out to other fixed network operators or services-based operators. ZONE reserves the rights to assign such telephone number to other customers after this Service is terminated.
8. The User shall be liable for all monthly fee for this Service regardless of his or her use of this Service, which fee will be specified by ZONE from time to time and subject to change without notice, and will become chargeable from the 2nd calendar day after the User’s receipt of the Device.
9. The User may request ZONE for conducting an installation of the Device at an extra charge. In such event, the User understands and acknowledge that installation of the Device at a specified address may require the connection or disconnection, modification, removal and/or replacement of existing cables/circuit, equipment and facilities connecting to or of the above address (collectively “Facilities”). The User hereby warrants that the User is authorized to access, inspect, test, repair, connect or disconnect, modify, remove, replace and/or maintain the Facilities and for the purposes of providing this Service by ZONE without prior approval of any governmental agency or other third party (or if any prior approval is required, such approval for all works done and to be done by ZONE or its employees, agents or contractors have already been obtained without restriction). The User hereby authorizes ZONE to access, inspect, test, repair, connect or disconnect, modify, remove, replace and/or maintain the Facilities; and to add and/or install or connect any ZONE’s equipment to the Facilities or at the installation address in such a way as ZONE shall in its absolute discretion deem appropriate. The User also agrees to indemnify and keep ZONE indemnified against any costs, claims, demands, liabilities and expenses suffered or incurred by ZONE arising from (whether directly or indirectly) or related to the installation of any Device or any work associated therewith.
10. ZONE may, without prejudice to ZONE’s right to terminate this Service and/or any other ZONE Service or any part thereof at any time with or without cause on the giving of one calendar month's notice in writing to the User as stipulated in the General Terms and Conditions of ZONE Service, at any time suspend or terminate any User's access to and use of this Service and/or any other ZONE Service if, in ZONE's opinion, the User or any user under the User's account has acted in breach of or otherwise fails to comply with any of these Terms and Conditions or the General Terms and Conditions (as extended pursuant to, including without limitation the User has failed to pay ZONE on due date any sums due by the User to ZONE).
11. If this Service is suspended by the User, it may be reactivated by the User serving on ZONE a not less than seven (7) days’ prior written notice of such intent. Should a reactivation occur, in whatsoever circumstances, a reactivation charge shall be levied on the User. The charge will be HK$150 if this Service has been suspended for less than 30 calendar days, or HK$300 if this Service has been suspended for 30 calendar days or more.
12. These Terms and Conditions are supplemental to, and form part and parcel of, the ZONE Service Terms and Conditions of Use (in these Terms and Conditions, the “General Terms and Conditions”), so far as the provisions herein are not inconsistent with the General Terms and Conditions. In case of any ambiguity or inconsistency between the General Terms and Conditions and these Terms and Conditions, the latter shall prevail.
13. In these Terms and Conditions,
(a) “Device” means any equipment or device provided by or otherwise
used in conjunction with this Service;
(b) “this Service” means the voice over Internet protocol services and
solutions ordered or requested for by the User and/or agreed to be
provided by ZONE from time to time.
Save as aforesaid, words and expressions defined in the General Terms and Conditions shall, unless the context otherwise requires or expressly provides, have the same meanings and application when used in these Terms and Conditions.”