The Customer shall observe and be bound by the following terms in relation to the provision of telecommunications service for provision of a personal number (“Service”) to the Customer by Hutchison Global Communications Limited (“Hutchison”) which will constitute an agreement between Hutchison and the Customer (“Agreement”):
1. The Agreement commences upon the provision of Service to the Customer. The Agreement shall continue in force until terminated in accordance with the terms and conditions of the Agreement.
2. Hutchison will use its reasonable efforts to provide the Service. However, Hutchison may suspend the Service in whole or in part at any time without notice if:
2.1 Hutchison considers it necessary to safeguard provision of the Service or the integrity of its networks; or
2.2 in Hutchison's reasonable opinion, there is or has been unauthorised, unlawful or fraudulent use of the Service or the Customer's use of the Service is causing or may potentially cause damage or interference to its networks or equipment; or
2.3 it is necessary to comply with a direction or request of the Office of the Telecommunications Authority or other competent authority; or
2.4 the Customer does not comply with any of the terms of the Agreement or there occurs any circumstances where Hutchison will be entitled to terminate the Agreement.
3. Hutchison may terminate the Agreement in whole or in part or any Service or any part thereof immediately, if in Hutchison's opinion:
3.1 the Customer is in breach of any of the terms of the Agreement or fails to comply with any reasonable requirements of Hutchison in relation to the use of the Service; or
3.2 there is fraud, misuse or unauthorized use of the Service by any person, regardless of whether the Customer consented to or had knowledge of such fraud, misuse or unauthorized use; or
3.3 Hutchison ceases to make the Service or any part thereof available for any reason.
4. The Customer agrees that:
4.1 Hutchison shall not be liable to the Customer in the event that Hutchison is unable to perform an obligation or provide the Service to the Customer because of any factor outside Hutchison's control (including without limitation acts of God, industrial action, default or failure of a third party, governmental action), interruption of the Service or Hutchison's refusal to provide the Service pursuant to the provisions of the Agreement.
4.2 All conditions, warranties and representations implied by law in relation to the provision of the Service by Hutchison are excluded unless otherwise specified in the Agreement
4.3 In no event will Hutchison, its employees, agents or sub-contractors be liable for any loss incurred by or any damage howsoever caused to the Customer or any person arising out of or in connection with the Agreement or any Service provided or omitted to be provided under the Agreement, whether in contract, tort or otherwise and, whether direct or indirect, consequential or contingent, and whether foreseeable or not, including without limitation any financial loss or loss of business, profit, savings, revenue, data, goodwill or use of any equipment.
4.4 Without limiting the generality of the above, Hutchison and other third party suppliers, including without limitation any information provider, shall not be under any liability whatsoever (whether in tort or contract or otherwise) to the Customer or to any person for any cost, expense, loss, damage or compensation arising out of or in connection with any incorrect record, omission, transmission, communications, mixing or divulging of messages or any destruction of messages.
5. The Customer will not acquire any rights in any numbering issued or assigned to the Customer and Hutchison reserves the right to modify, withdraw, change or reallocate such number, subject to contrary directions by the Telecommunications Authority and any contrary terms contained in Hutchison’s telecommunications licence.
6. The Customer agrees that:
6.1 The Customer shall not use the Service for any improper, immoral, defamatory or unlawful purpose or for any unsolicited advertising messages or promotions nor allow others to do so.
6.2 The Customer shall not act in such a way that the operation of other lawful telecommunications services or equipment or the provision of Service will be jeopardized or impaired.
6.3 The Customer shall comply with Hong Kong law, other applicable law and the reasonable instructions of Hutchison relating to the Customer's use of the Service.
7. The Agreement is governed by the laws of Hong Kong and the Customer submits to the non-exclusive jurisdiction of Hong Kong courts.
