Terms and Conditions


Section I - Terms and Conditions For Products

 

You acknowledges and confirms that the acceptance of products provided by Owtel and its affiliated, associated or related company (hereinafter "the Company"), the following terms and conditions shall apply to You without any reservation:

1.  You further acknowledges and authorises the Company and/or its associated company or companies to use You's personal data for marketing and related activities purpose under the Personal Data (Privacy) Ordinance of the Laws of HKSAR.

2.  To protect You's interests hereunder, any additional agreement (no matter it is written or oral) made between the staff of the Company and You must be stated in this invoice and countersigned by the relevant staff. Otherwise, the Company shall not be responsible for such additional agreement.

3.  Products sold are not refundable. No cash or credit card refund will be granted under any circumstances.

4.  Within seven (7) days from the date of purchase, You can replace defective products by returning the same together with the original receipt or invoice of the relevant products to the Company. Replacement of products shall not be entertained if they have been used, missing part or damaged. All products can only be replaced once. The Company has the absolute rights to decide and verify the conditions of the aforesaid products.

5.  For the interests of You, You should obtain and sign the official receipts or invoice for the purchased item(s) and should, before leaving, check against the amount of money exchange, the number and content of the purchased products. You acknowledges and understands that if there is any mistake(s) in the official receipts or invoice, You should notify the Company at once. Otherwise, everything is deemed to be accurate and no complaint shall be entertained thereafter.

6.  If You selects instalment or pay deposit only, in the event that You fails to pay any outstanding instalment for any Products which become due, the Company has the absolute authority to forfeit the deposit paid by You and repossess the Products without any notice. To avoid any doubt, the title to the products shall remain vested in the Company until the Company has received full payment of the purchase price but risk shall pass to You upon delivery of the products. You shall not part with, sell, charge or otherwise dispose of or deal with the Products until title has passed to You.

7.  The Company from time to time has absolute authority to revise, vary, adjust or amend the price of products without prior notice; nevertheless, such revision, adjustment or amendment shall not affect any product(s) sold to which full and effective payment(s) has/have been made.

8.  You acknowledges that if payment of the products is by instalments, You is advised to make its own enquiry as to the interests and the handling fees charged by any credit card company or financial company. The Company shall not be held liable therefor.

9.  The Company shall have the final interpretation of this Terms and Conditions hereunder. The Company may, without further notice, vary this terms and conditions from time to time as it thinks fit.

10. This Terms and Condition will be construed and governed in accordance with the laws of HKSAR and the parties must submit to the exclusive jurisdiction of the courts of Hong Kong in the event of a dispute.

11. In case of any discrepancy between any languages versions hereunder, the English version shall prevail.


Section II - Terms & Condition For Prepaid IDD Phone Card (?The Card?? Service

 

You shall observe and be bound by the following terms and condition in relation to the provision of services by us.

1. Definitions

Agreement

The Application and these terms and condition as amended from time to time.

Applicable Law

"Applicable Law" in relation to any person, action or thing means:

(a) any law, rule or regulation of Hong Kong or any country (or political subdivision of the country) which is applicable to a party;

(b) any obligation under any licence held by us in Hong Kong or any country (or political subdivision of the country);

(c) any lawful determination, decision, direction, guideline, statement or code of practice in Hong Kong or any country (or political subdivision of the country) which is applicable to a party; or

(d) any applicable international convention or agreement.

Application

It refers to any oral, written or on-line application or any other means of application or notification in respect of the Services.

Charges

It means all charges relating to the provision of the Services by us to you including but not limited to administration fee, any fees relating to connection, voice and data airtime, international call charges, call forwarding, roaming, registration, content, replacement and any other charge, rate (no matter in peak and off-peak hour) or fee as may be amended, varied, specified or changed by us from time to time.

Hong Kong

Hong Kong Special Administrative Region of the People?s Republic of China,

IDD

It is known as international direct dial.

Networks

It means the public telecommunications networks and systems by which we make the relevant Services available.

PIN

The personal identification number attached to the Card.

Services

It refers to the service(s) applied for by you in the Application and such other services as otherwise ordered by you and agreed to be provided by us from time to time.

Telecommunications Authority

It is set out in the Telecommunications Ordinance of the Laws of Hong Kong.

We, us, or our

They means Owtel group of companies, its subsidiaries, affiliates, nominated, related and associated companies, its employees, agents, contractor, dealer, distributor, supplier and / or service provider appointed or authorised by Owtel.

You or Your

It refers to the customer who purchases the Card from us. In case of the customer being a corporation, the customer warrants that the persons executing this Agreement and incidental documents has expressly authority to do so on its behalf.

2. Mobile

2.1 You must only use the Card with a mobile which is:

(a) of a type approved by the Telecommunications Authority;

(b) appropriate for the Card; and

(c) able to be connected to our Mobile network.

2.2 In providing the Services, we are not responsible for the operation of any mobile or any other Customer-supplied or third party equipment or applications connected to the Services.

2.3 You shall not alter or change any setting on the Card and such a change may cause the Card to malfunction. We will not be liable for any loss or damage suffered by you or another person due to alternation or a change to the setting of the Card.

3. Provision of Services

3.1 Unless earlier terminated in accordance with this Agreement, this Agreement commences when the Card is purchased by you and expires (whichever is the later):

(a) three months after activation of the Card or such other period as specified by us from time to time; or

(b) unless earlier terminated in accordance with this Agreement

3.2 The prepaid value stored in the Card which shall be deducted from any usage and/or our administration fee.

3.3 The Card and any unused credit of the Card in any event (included but not limited to after the expiry or termination of this Agreement):

(a) cannot be exchanged, transferred or refunded unless the Card is found or damaged before use; and

(b) is not redeemable for cash or other goods and services.

3.4 The Card allows you within Hong Kong make local and IDD calls subject to the rates we imposed from time to time. However, no roaming services are equipped in the Card.

3.5 We reserve the right to modify or withdraw the Card Services in whole or in part at any time.

3.6 You acknowledge and agree that:

(a) you shall not use or allow the Card to be used for any purpose other than that for which it is subscribed.

(b) you warrant and represent that the information provided in connection with the Agreement is correct, accurate and complete.

(c) you shall promptly comply with all notices, instructions or directions given by us in respect of the installation, use or operation of the Services.

(d) you shall not, and shall not attempt to, hack, break into, access or by other unauthorised means use, any part of the Service, our data areas or servers for which you have not been authorised by us.

(e) you shall not tamper, copy, modify or in some other ways seek to alter, or allow any other person to tamper, copy, modify or seek to alter the Card.

(f) you shall not to infringe any intellectual property rights.

(g) you shall not to use the Services for any improper, immoral, or unlawful purpose nor allow any other person to do so.

(h) you agree to comply with our reasonable requirements in relation to the use of the Services.

(i) you shall comply with the laws of Hong Kong and other Applicable Law in relation to the use of the Services.

4 Charges

4.1 The prepaid value stored in the Card which shall be deducted from any usage and/or our administration fee.

4.2 You agree that we will deduct the Charges relating to the Service you subscribed when the Charge is incurred. Charge rates are available from our Hotline or at our website. We may vary or adjust the rate of the Charges, or add new Charges as we think fit.

4.3 Calls made using the Prepaid SIM Card will be Charged in the following way

(a) local calls will be Charged and calculated on a per minute basis

(b) IDD calls (if applicable) will be Charged on a one-minute increment basis for both the IDD usage airtime and the local usage airtime, the rate of the IDD call Charge and the local airtime rate are subject to change from time to time.

4.4 Enquiries or disputes concerning any Charge or expiry date of the Card must be made to us within 14 days starting from the date the Charge was incurred. If any Charge or expiry date is not queried within 14 days starting from the date the Charge was incurred, then the Charge or expiry date as determined by us is deemed correct and accepted by you.

4.5 In the event of any dispute arise in relating to any Charges deducted by us or any other matter, our books and records are conclusive evidence of all such Charges incurred by you or any other transaction or matter raised by you.

4.6 Unless loss of the Card is reported to police and us, you shall be liable for all Charges for the Services provided, whether or not used by you, or another person with or without your knowledge or consent and irrespective of whether the transmission of the mobile call was successful.

5. Termination & Suspension

5.1 We may terminate this Agreement immediately or temporarily suspend the Services at any time if:

(a) you breach or violate any of the terms and conditions of this Agreement;

(b) you use the Services for any illegal or improper purpose;

(c) any of the telecommunications or other licences held by us are terminated, revoked, expired or not renewed;

(d) We reasonably believe it is necessary to suspend the Service to:

(i) comply with an order, instruction, determination or direction of a government or regulatory authority;

(ii) carry out emergency or scheduled maintenance, repair or upgrading of the Service, any equipment, facility or any part of our network;

(iii) reduce or prevent fraud or interference with a Mobile Service; or

(e) We cease to provide any or part of the Services.

5.2 The exercise of our right to suspend or terminate the Services under this clause 5 does not affect any of our existing rights, or claims or other remedies available to us and suspension of the Service does not constitute a waiver of our right to later terminate this Agreement.

6. Limitation of Liability and Indemnity

6.1 To the extent permitted by law, we exclude all liability or responsibility for any cost, claim, damage or loss to you or to any person whether direct or indirect of any kind including revenue, loss or profits or any consequential loss in contract, tort, under any statute or otherwise (including negligence) arising out of or in any way related to this Agreement (including any loss arising from the suspension of the Services).

6.2 We will not be liable to the Customer or any other person for any loss or damage resulting from a delay or failure to perform this Agreement either in whole or in part where such delay or failure is due to causes beyond our reasonable control, or which is not occasioned by its fault or negligence, including acts or omissions of third parties (including telecommunications network operators, information service content providers and equipment suppliers), shortage of components, war, the threat of imminent war, riots or other acts of civil disobedience, insurrection, acts of God, restraints imposed by governments or any other supranational legal authority, industrial or trade disputes, fires, explosions, storms, floods, lightening, earthquakes and other natural calamities

6.3 You shall agree and confirm to indemnifies us from and against all claims, actions, proceedings or demands in respect of loss or damage of any kind (whether to person or property) incurred by us arising out of or in connection with a breach of this Agreement by you or relating to the use or attempted to use the Services by you or by any person authorized by you.

7. Personal Data

7.1 You acknowledge and agree that we may use any personal data (as defined in the Personal Data (Privacy) Ordinance Cap.486) in accordance with its privacy policy, a copy of which is available from our web site.

8. Alternative Provider of Services

8.1 We may appoint a third party or obtain an alternative provider to provide the Services to you. You agree to assignment of our rights and obligations under this Agreement to that alternative provider.

9. General

9.1 We may at any time vary any of the terms and conditions of this Agreement from time to time without further notice.

9.2 Any notice or other communication to be given by us may be in the form of a statement on our website, personally delivered to you by ordinary post, email, facsimile to the address specified overleaf or any address as notified by you. For the avoidance of doubt, such notice or other communication shall be deemed to have been received by you forty-eight (48) hours after dispatch if personally delivered or by postal services or if the notice or communication sent by electronic means, immediately after being transmitted by us or posted on our website;

9.3 You hereby declare that you are 18 years old or over.

9.4 You shall not assign or otherwise dispose of any of its rights or obligations under this Agreement (including the mobile number allocated by us) to any other party without our prior written consent.

9.5 This Agreement will be construed in accordance with the laws of Hong Kong and the parties must submit to the exclusive jurisdiction of the courts of Hong Kong in the event of a dispute.

9.6 Neither a failure or delay to, nor a single or partial, exercise of any right, power or remedy under this Agreement by us will operate as a waiver. Unless expressly stated, the rights, powers and remedies provided under this Agreement are cumulative and are not exclusive of any rights, powers or remedies by law.

9.7 If the whole or any part of a provision of this Agreement is construed to be illegal or invalid it is severed from this Agreement, however the remainder of this Agreement has full force and effect.

9.8 This Agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the subject matter.


Section III - Terms and Condition For Owtel 3G Prepaid SIM Card Service

 

1. For Owtel 3G Prepaid SIM Card Service Terms and Conditions please visit http://www.three.com.hk.

2. In the event of any conflict, the terms and conditions of SIM only will prevail.

3. Prepaid Top-up Vouchers must be activated within 180 days of purchase.

4. If your handset is locked to your existing mobile network you are advise to call your existing provider to get an unlock code for your handset before you can use your existing phone with your Owtel 3G SIM only service.

5. Your Owtel 3G SIM can only be used in 3G handsets. It is your responsibility to ensure the SIM is compatible with the handset intended for use. Your Owtel 3G SIM will be disconnected if use in a 2G handset and any credit you have purchased will be non-refundable.

6. Owtel 3G reserves the right to cease the Prepaid SIM service and to vary and amend the terms of the service and these terms and conditions at any time for any valid commercial, technical or operational reason.


Section IV - Terms and Conditions For Long Distance Services (IDD)

 

These are the terms and conditions on which OWTEL agrees to provide long distance telecommunications services and, agrees to supply or sell certain equipment incidental to the use of the Services that includes any part thereof and the accessory items in relation thereto (collectively the ?Services??, to the Subscriber (?You?? and constitutes a Contract between you and Owtel as if signed by each party. By using Owtel to make your long distance calls and/or purchasing of the equipment, you agree to be bound by the following terms and conditions:

1. Services

1.1 Services are made available to you on condition that you do not re-supply or resell or otherwise make Services available to any person other than you or persons authorized by you, and that you do not use the Services in any way or for any purpose prohibited by law.

1.2 You shall be 18 years old or above and shall hold identification documentation as may be requested by Owtel from time to time.

1.3 You agree to indemnify Owtel against any claims resulting from use of the Services provided to you whether engaged in by you or any other person.

1.4 You must keep confidential all passwords you have nominated to be connected with the Services. You agree that Owtel may disclose any information in connection with your accounts to anyone who correctly quotes your password.

1.5 Subject to the terms and conditions set out herein, Owtel shall provide and you shall subscribe to the Services in accordance to the selected service plan.

1.6 Should you not wish to receive information about our Services in any form, you should inform us by writing to our Customer Services Department at Room 2205 West Tower Shun Tak Centre, 168 Connaught Road Central, Hong Kong.

2. Charges

2.1 Subject to clause 2.2, Owtel may vary or amend these terms and conditions by giving notice to you. You irrevocably and unconditionally agree if you continue to use the Services or pay any amount in relation to the Services after you have received that notice, you are bound by these terms and conditions as varied or amended.

2.2. Owtel may vary or amend any charges, services plans or rates of Charges from time to time without prior notice to you. Owtel will bill you for the Services in accordance with relevant terms and conditions, services plan, tariffs, and other charges apply at the time the Services are used.

2.3 If you request for withdrawal of the Services after your subscription of the Services but before the date of activation of the Services, Owtel reserves all rights to charge you a handling fee for each and every service requested to be withdrawn as shall be determined by Owtel from time to time.

3. Registration

3.1 You are required to register an account with your appointed telephone number(s) with Owtel for using the Services.

3.2 You must provide us with accurate, complete and updated registration information. You shall be wholly liable for and shall fully indemnify each of Owtel against any costs, claims, demands, liabilities and expenses resulting from his/her breach of this clause; and

3.3 You must safeguard any user name and password which we assign or provide to you.

3.4 You understand and acknowledge that upon registration of the Service, you shall not be entitled to any offers in other service and the Service cannot be used in conjunction with other promotional offers, unless otherwise provided.

4. Credit Limit

4.1 Owtel may impose a credit limit on your account at our sole discretion and at any time.

5. Invoices and Payment

5.1 Owtel will use its best endeavours to bill you for your use of the Services within one month from use of the Services. According, bills for Services will generally be issued monthly. Owtel may impose administration fee for late payment or suspend or disconnected the Services until payment is made by you. Owtel may vary bill frequency at any time without prior notice to you. You must pay any bill without deduction or set-off by its due date. Owtel reserves the right to re-issue a bill if any error is subsequently discovered.

5.2 You shall pay Owtel the charges which Owtel?s records attribute to you. Charges will be calculated by reference to data record or logged by Owtel and not by reference to any data recorded or logged by you. Usage charges for the Services will be measured using such unit of measurement as is adopted by Owtel for that Service from time to time. You agree that Owtel?s records are conclusive evidence of your use of the Services.

5.3 Subject to clause 5.2, all enquiries concerning any invoice shall be made to Owtel within 15 days of the relevant invoice date otherwise the invoice will be deemed to be accepted by you.

5.4 You may elect to have your bills paid by way of a valid cheque or direct debit from a valid credit card nominated by you. If a cheque or payment by direct debit is dishonoured or cancelled, you shall pay to Owtel any resulting bank or other charges incurred by Owtel and associated administration charge imposed by Owtel.

5.5 Owtel will have the right to recover from you any costs incurred in respect of legal or debt collection agency services which we may incur to collect any sums which are outstanding from time to time. Owtel may set off any amount owed by you to Owtel against any amount owed by Owtel to you under or in relation to this Contract.

6. Your Liability

6.1 You and any person submitting the application form in Owtel?s web site or signing the application form for Services in our outlets on your behalf shall personally guarantee the payment in full for the Services and any late payment charges, including all other charges, legal costs and other costs incurred by Owtel or its agent due to late payment or other defaults in payment by you

6.2 You shall be responsible for all authorised and unauthorised calls placed through any direct connection facility used by you.

6.3 You will at all times comply full with all legal and regulatory requirements applicable to use of the Services. If a call is placed which does not comply with such requirements, Owtel may take whatever action it considers appropriate including blocking the call and/or charging you for the call at Owtel current applicable rate.

7. Limitation of Liability

7.1 Owtel does not warrant availability of the Services at all times or commencing the supply of Services at a certain time.

7.2 Owtel will make reasonable efforts to start providing the Services on the date as requested by you but shall not liable to you or any third party for any costs, loss, liability, contribution, damages, consequential, indirect or economic loss whether caused by Owtel?s or its agent?s act or negligence arising from any failure, interruption or deficiency of Services or facilities provided under this Contract.

7.3 Owtel liability for any interruption, delay, error or defect in transmission, equipment or the Services provided under this Contract shall be limited to an amount equivalent to Owtel charges incurred by you for the period of Services during which such circumstances occurred.

7.4 You must notify Owtel promptly in writing of any changes of your office or home address and registered telephone number.

7.5 Should you use the Service in a place / country outside the designated country, you understand and agree that you shall be solely responsible for any legal risk or other risk and accepts the legal liability in relation thereto, and is not related to Owtel in any manner whatsoever.

7.6 To the extent permitted by applicable law, you understand and agree that Owtel and its group company, agents, supplier and/or relevant service provider shall not be liable whether or not in contract, tort, statute or otherwise for any cost, claim, special, direct, indirect or consequential loss or damage suffered, sustained or incurred by you or any person from or out of or relating to the Service and/or the equipment.

7.7 You agree that Owtel shall in no circumstances be responsible for any loss of income, loss of profit or any damage (direct or indirect) caused by or arising form you use of the Services.

8. Suspension & Disconnection of Services

8.1 Owtel may suspend, withdraw, restrict and/or disconnect your Services without prior notice for any one of the following reasons:

(a) if you breach any these terms and conditions or any terms or condition of any other contract with Owtel or its related companies;

(b) if Owtel is unable, for any reason including any act or omission of any provider, to (where relevant) supply or provide Services;

(c) if Owtel is unable to contact you at your notified address;

(d) if you do not pay any Owtel bill by the due date;

(e) in the reasonable opinion of Owtel, it is necessary to suspend the Services in order to carry out planned maintenance, repair or upgrading of any equipment of facility forming part of the Network and Owtel has given you as much notice as is reasonably practicable in circumstances or protect the integrity of the Network or to carry out unplanned maintenance, repair or upgrading of any equipment or facility forming part of the network. If the Services is suspended, withdrawn, restricted and/or disconnect under this clause, Owtel will endeavour to ensure that there is minimum disruption to the Services.

(f) if Owtel forms a view, based on information supplied by you or any credit agency or credit provider, that you may not be willing or able to meet obligations in relation to payment for Services;

(g) if you become or in Owtel?s reasonable opinion likely to become insolvent;

(h) if you die or commit an act of bankruptcy or in the case of a partnership, on dissolution of filing of an application for dissolution, or in the case of a company, on filing of an application for winding up, or appointment of an administrator; or if any information provided by you is in Owtel opinion, incorrect.

9. Personal Data Privacy Ordinance (?PDPO??

9.1 If Owtel requests personal data from you, you may decline to provide that personal data but in that event Owtel may decline to provide the Services to you.

9.2 You agree and authorise Owtel to disclose your personal data to any regulatory authority, to any Owtel?s group company, to any Owtel?s appointed agents (including debt recovery agents) and to Owtel?s related, affiliated or associated companies.

9.3 Owtel may hold and use your personal data for the following proposes: (a) considering or applying Owtel?s credit policy to your application; (b) on-going credit management of your account, including collection of overdue payments; (c) direct marketing; or (d) in connection with the provision of Services to you.

9.4 Where you are in default of payment of Owtel, you agree that Owtel or its agents may utilise information collected and recorded by Owtel in relation to your account to assist Owtel in the process of debt recovery.

9.5 The PDPO provides you with the rights to ascertain whether Owtel holds data relating to you, to obtain a copy of that data and to correct any inaccurate data. Request for access and corrections should be addressed to: OWT (Asia) Limited Room 2205 West Tower Shun Tak Centre 168 Connaught Road Central Hong Kong

9.6 You agrees that your personal data may be disclosed and transferred in Hong Kong or to/in place outside Hong Kong to the Company?s Affiliate, agents, contractors, telecommunications operators, any other third parties (including, collection agencies, credit reference agencies, security agencies, credit providers other financial institutions and any of Owtel?s actual or proposed assignees or transferees) for such person to use, disclose, hold, process, retain or transfer such personal data for purpose listed in clause 9.3.

9.7 On request by Owtel, you shall provide Owtel with information relating to you and its use of the Services reasonably required by the Company: (a) to assist Owtel in complying with its obligations under any applicable law and report to any Government Agency regarding compliance with those obligations; and (b) to assess whether or not you has complied, is complying and will be able to continue comply with all its obligations under this Contract.

10. Term & Termination

10.1 This Contract takes effect on the commencement date and continues until terminated in accordance with this clause.

10.2 Owtel may terminate this Contract with or without causes by thirty (30) days written notice to you.

10.3 Owtel may terminate immediately the Services or this Contract without prior notice if:

(a) You are in material breach of this Contract including the failure to:

(i) pay any amount owing in accordance with this Contract; or

(ii) comply with any obligation that is identified as a material obligation in this Contract; or

(b) Owtel suspects fraud or misuse of the Services or unauthorized activity in relation to use of the Services regardless of whether you consented to or had knowledge of such fraud, misuse, or unauthorised activity; or

(c) Owtel is named as a defendant or threatened with suit in any action or proceeding in which it is alleged that the Services has been used to carry defamatory material; or

(d) you use the Services or a third party (no matter you had consent or not) use the Services:

(i) for any improper purpose or for the purpose of sending any unsolicited advertising material or any material of an obscene or indecent nature; or

(ii) in any manner which is unauthorised, fraudulent, suspicious or illegal, whether under any applicable law or otherwise; or

(iii) in a manner which constitutes an infringement by you (including but not limited to copyright and other intellectual property rights and rights of confidentially or a violation or infringement of any duty or obligation in contract, tort, or otherwise, to any third party; or

(e) in the case of a customer that is an individual , you die; or

(f) in the case of a customer that is a legal entity (including a partnership) that you become or there is a evidence to show that you are likely to become insolvent or bankrupt, subject to a winding up proceeding, has a receiver appointed, is dissolved or in the process of dissolution, makes any arrangement for the benefit of creditors, or initiates or becomes or there is evidence to show that you are likely to become subject to any other form of insolvency proceeding; or

(g) Owtel is prohibited from supplying the Services under any applicable law; or

(h) the Services has been removed from the service plan or tariff schedule of Owtel; or

(i) any of the information provided by the information provided by you in applying for the Services is found to be false, inaccurate or misleading in a material respects; or

(j) Force Majeure event referred to in clause 14.1; or

(k) has had amounts outstanding on any service provided to you by Owtel or an affiliate of Owtel, under this Contract, for a period of thirty (30) days or more; or

(l) this is evidence to show that you are or will be unable to pay its debts as and when they fall due.

10.4 On termination of this Contract: (a) All Carges for use of the Services up to and including on the date of termination and all other amounts owing by you to Owtel will become immediately due and payable; (b) You shall cease to use the Services; and 10.5 Without limited the exclusion or limitation of liability in clauses 7, the Company shall not be liable to the Customer nor to any third party for any loss resulting from in connection with termination of this Contract under this clause 10.

11. Alternative Provider of Services

11.1 Owtel may appoint a third party or obtain an alternative provider to provide the Services to you. You agree to assignment of Owtel?s right and obligations under this Contract to that alternative provider.

12. Governing Laws

12.1 This Contract is governed by the laws of Hong Kong Special Administration Region. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Hong Kong.

12.2 Except as noted in clause 2 above, these terms and conditions are the entire agreement between you and Owtel in relation to the Services. All other representations and warranties are excluded unless contained herein.

13. Disputes

13.1 In case of disputes over long distance call duration or any call transaction, the decision of Owtel based on calls records of Owtel, its carriers and its network providers shall be final and binding upon you.

13.2 Any invalid, unenforceable, or illegal terms will not affect enforceability of any other of theses terms and conditions.

14. Force Majeure

14.1 Owtel shall be relieved of performance of its obligations under this Contract to the extent that the performance of its obligations shall be prevented or interfered with by reason of Force Majeure or other event or circumstances not within the reasonable control of Owtel.

15. Assignment of Rights

15.1 You shall not assign or transfer your rights and obligations hereunder to another party without prior written approval of Owtel.

16. Notice

16.1 All notice required or given by you in association with the Contract shall be given in writing, sent by registered mail, with return receipt requested.

16.2 Any notice or other communication to be given by Owtel may be in the form of a statement on Owtel's website, personally delivered to you by ordinary post, email, facsimile to the address specified overleaf or any address as notified by you. For the avoidance of doubt, such notice or other communication shall be deemed to have been received by you forty-eight (48) hours after dispatch if personally delivered or by postal services or if the notice or communication sent by electronic means, immediately after being transmitted by us or posted on Owtel's website."

17. Interpretation & General Clauses

17.1 All documents shall be prepared in English or Chinese or both and where it is in Chinese or both, the English version shall prevail.

17.2 Heading to clauses are used for convenience of reference only and do not form part of the clauses.

17.3 Each of the clauses or provisions of this Contract is severable and distinct from the others, and if one or more of such provisions is or becomes invalid, unenforceable or illegal the other clauses or provisions will continue to be effective and binding.

17.4 a word importing the singular include the plural and vice versa.

17.5 a word importing a gender include any gender. 17.6 a reference to a person includes a natural person, any company, partnership, joint venture, association, corporation, authority or other legal entity.


Section V - Terms and Conditions For OWTEL Shopping Point

 

1. Only OWTEL 1624 IDD service users (?Members?? are eligible to participate in the Shopping Point Programme.

2. Members earn 1 shopping point for every HK$1 spent. The company reserves the right to change the shopping point earning rate upon notice.

3. Members can check their accumulated shopping points balance via their monthly bill statement or Customer Service at 2850 7733.

4. Members can use their points as cash when purchasing AV products, health products or mobile phones at OWTEL shops.

5. Outstanding balance of the bill statement has to be paid off before redeeming gifts at the Shopping Point Programme.

6. Once the redemption order is accepted, it cannot be changed, cancelled or refunded. The required shopping points will be deducted from the member?s account and will not be returned.

7. Shopping points accrued cannot be transferred nor redeemable for cash.

8. All shopping points will be automatically forfeited after 20th February 2009.

9. The price indicated for shopping discount redeemable with shopping points is in Hong Kong Dollars.

10. OWTEL reserves the rights to change all terms & conditions without prior notice.

11. All disputes under the Shopping Point Programme will be subject to the final decision of OWTEL.


Section VI - Trademark/Copyright Policy

 

The website was produced and is maintained by Owtel.

The listing of products and services in the website should not be interpreted as an endorsement by the parties involved.

Logos and names used herein may be trademarks and should not be copied without permission of Owtel.

Owtel prohibits the use of any of its registered symbols, or other identifying marks without express written approval.

Unauthorized use of the marks is trademark infringement. Any production or sale of unauthorized products or services is a violation of the law.

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