General Terms & Conditions
Updated on 12th December, 2022
Effective on 1st June ,2018
China Mobile Hong Kong Co. Ltd. (“CMHK”) and the customer (the “Customer”) agree with each other as follows:
Save and except Clauses 2, 3, 7, 8.1(a), 8.1(e), 8.1(f), 8.2, 8.6 and 11.3 below which shall not be applicable to pre-paid card services/MySim Mobile Service, all other terms and conditions as stated below shall be applicable to both of telecommunication services, MySim Mobile Service and pre-paid card services of CMHK.
| 1. | Provision of Services | |||||
| 1.1 | CMHK agrees to provide the following telecommunication services (the “Services”) to the Customer and the Customer agrees to subscribe the Services in accordance with the terms and conditions hereinafter contained during the term of the Agreement and/or the validity period of MySim Mobile Service and pre-paid cards and CMHK will: | |||||
| (a) | allocate a mobile telephone number to the Customer for the Services in the event that a mobile telephone number cannot be ported from another network to CMHK for whatever reasons; | |||||
| (b) | grant the Customer the right to use a Subscriber Identity Module Card (the “SIM Card”). The title of the SIM Card will at all times remain vested in CMHK. The Customer shall surrender the SIM Card to CMHK forthwith upon termination of the Agreement or upon CMHK’s request. In the event that the SIM Card is damaged or lost for whatsoever reason or the Customer fails to surrender the SIM Card to CMHK on CMHK’s demand, the Customer shall keep CMHK fully indemnified; | |||||
| (c) | upon successful application made by the Customer and/or the Customer chooses to use the particular pre-paid card services/MySim Mobile Service, provide international call dialing service (the “IDD Service”) to the Customer, subject to the terms and conditions promulgated by the external telecommunications service operators from time to time in force. The Customer shall abide by such additional terms and conditions in relation to IDD Service promulgated by CMHK from time to time. CMHK does not warrant the suitability and quality of the IDD Service so provided; | |||||
| (d) | upon successful application made by the Customer and/or the Customer chooses to use the particular pre-paid card services/MySim Mobile Service, provide roaming services to the Customer for use of mobile telephone services in overseas countries where compatible roaming services are available by overseas mobile telephone service operators who participated in the relevant service. The Customer shall abide by such additional terms and conditions in relation to roaming services promulgated by CMHK from time to time. CMHK does not warrant the suitability and quality of the roaming services so provided; | |||||
| (e) | upon successful application made by the Customer and/or the Customer chooses to use the particular pre-paid card services/MySim Mobile Service, provide such available Value Added Services (the “VAS”) to the Customer from time to time. The Customer shall abide by such additional terms and conditions in relation to VAS promulgated by CMHK from time to time. CMHK does not warrant the suitability and quality of such VAS provided. | |||||
| 1.2 | CMHK may from time to time offer and make available to Customer other service(s) than those hereby provided, and charge the customer for the service(s) activated. The charges of the other service(s) provided could be accessed via CMHK website, Prepaid SIM and Contact us pages . CMHK reserves the right to make the final decision on activating, suspending or canceling such service(s). | |||||
| 1.3 | The Service provided in this Agreement does not support simultaneous voice and data usage. | |||||
| 1.4 | CMHK reserves the right from time to time to use different network technologies (which include but not limited to 4G LTE) to provide the Service without prior notice and consent from the Customer is required in this respect. | |||||
| 2. |
Deposit | |||||
| 2.1 | The Customer shall pay to CMHK upon execution of the Agreement the stipulated deposit (“Deposit”) to secure the due performance and observance of the terms and obligations herein on the part of the Customer. The amount of the Deposit shall be determined by CMHK at its sole discretion from time to time. In the event that the Customer subscribes additional services from CMHK, CMHK shall be entitled to request additional payment of such deposit from the Customer as it thinks fit. For avoidance of doubts, any additional services subscribed shall be treated as the Service and any additional deposit paid shall be treated as part of the Deposit defined in the Agreement. | |||||
| 2.2 | CMHK shall be entitled, without prejudice to any other rights or remedies hereunder, to deduct without notice to the Customer, from the Deposit, any outstanding amount due to CMHK hereunder or under any of the Customer’s other accounts for the Services or for any loss or damage incurred or sustained by CMHK as a result of any non-compliance or non-performance by the Customer of any terms, conditions or obligations under any agreement for the Services made between CMHK and the Customer. After deduction, CMHK shall be entitled to request further deposit to be paid by the Customer, failing which CMHK shall have the right to forthwith discontinue the provision of any or all of the Services to the Customer and terminate the Agreement forthwith. | |||||
| 2.3 | After the termination of the Agreement for whatever reasons, the Deposit shall be used to set-off against all outstanding amounts due to CMHK. The balance of the Deposit, if any, shall be refunded to the Customer without interest within 90 days after termination of the Agreement. In special cases such as the delay caused by the overseas mobile telephone service operators, refund of the Deposit may take more than 90 days. | |||||
| 2.4 | The Customer acknowledges that payment of the Deposit or making any prepayment for the Services is not without risk. CMHK hereby gives no warranty that in the case of CMHK being liquidated, the Customer will be refunded with the Deposit or prepayment or any part thereof and that the rights of the Customer to be refunded with the Deposit not returned or unredeemed prepayment or any part thereof will be governed by the relevant laws and regulations of the Hong Kong Special Administrative Region from time to time in force. | |||||
| 2.5 | Where the Customer has paid the Deposit or made any prepayment in exchange for a free or discounted handset from CMHK, both Customer and CMHK agree that in the event of CMHK being liquidated, the ownership of such handset will be henceforth vested in the Customer as compensation in lieu of refund of the not surrendered Deposit or unredeemed prepayment from CMHK. Notwithstanding the foregoing, if in the course of being liquidated, CMHK is subsequently bought out by another telecommunications service provider and the latter provider assumes all the rights and obligations of CMHK under the Agreement, the parties concerned shall continue to abide by the terms and conditions of the Agreement. | |||||
| 3. |
Charges & Billing | |||||
| 3.1 | The Customer shall pay all sums of money stipulated on “The (General) Contract for Telecommunications Services” in full upon execution of the Agreement. | |||||
| 3.2 | The service charges payable by the Customer shall commence on the commencement date of the Service. The Service provided under the Agreement is subject to CMHK’s prevailing rate of charges and CMHK reserves its right to vary the rate of relevant charges at any time as it thinks fit. | |||||
| 3.3 | The service charges shall be paid by the Customer monthly in advance, whether demanded or not. Subject to any contrary written provision of CMHK, should the service period be less than one month for any reason (including but not limited to the suspension and/or termination of the Service caused by outstanding payment), CMHK is entitled to charge the service charges of the relevant month on a full month basis according to the Service. No refund shall be made in any event. The Customer may obtain the details of all service charges payable for the relevant period from the website of CMHK where the Customer’s invoice(s) shall be posted on a monthly basis or at such interval as CMHK thinks fit. CMHK reserves the right to send Customer’s invoice(s) by post to the Customer in lieu of or in addition to posting the same on the website. For the avoidance of doubts, all invoices, once posted on CMHK’s website, shall be deemed delivered to the Customer. | |||||
| 3.4 | Time is of the essence relating to Customer’s payment obligations hereunder. Unless otherwise specified, all invoices (posted in whatever form) posted by CMHK shall be due on the date specified therein. The Customer shall settle all the charges on or before the due date stated in the invoice, failing which CMHK shall be entitled to levy late charge and/or interest on all overdue service charges from the due date until payment is made in full. | |||||
| 3.5 | All payments shall be calculated and paid in Hong Kong Dollars. Payment by post or by electronic transactions or the like shall be at the risk of the Customer and no receipt will be given. No payment shall be deemed to have been officially paid until payment is actually received by CMHK. | |||||
| 3.6 | Enquiries or disputes concerning any invoice must be made to CMHK on or before the due date stated in the invoice and nothing herein shall relieve the Customer from paying the relevant charges on or before the due date stated in the invoice. In the event of any dispute relating to the charges by CMHK, the books and records kept by CMHK shall be deemed as conclusive evidence of the actual amount to be paid by the Customer to CMHK. | |||||
| 3.7 | The Customer acknowledges and agrees that his/her payment obligations under the Agreement are personal to him/her and all charges arising from the use of the SIM Card or the handset shall be deemed to be the personal liability of the Customer. | |||||
| 4. | Limited Warranty | |||||
| 4.1 | The Customer hereby acknowledges and agrees that the workmanship and material warranty on the handsets and accessory items purchased pursuant to the Agreement shall be provided to the Customer by the manufactures or suppliers thereof (the “Manufacturer”) upon such terms and conditions as shall be from time to time specified by the Manufacturer provided that: | |||||
| (a) | the handset(s) and/or the accessory item(s) is/are purchased from CMHK directly, as evidenced by the Customer’s production of the original Agreement and the original signed product purchase agreement to the Manufacturer; | |||||
| (b) | the failure, malfunction or defect is due to faulty workmanship or material only; and | |||||
| (c) | all warranty claims must be lodged within such applicable time limits as shall be prescribed by the Manufacturer from time to time. | |||||
| 4.2 | For the avoidance of doubts, the limited warranty provided by the Manufacturer under this Clause 4 excludes: | |||||
| (a) | replacement of handsets and/or accessory items; and | |||||
| (b) | defects or damages due to improper/abnormal use or operation, unauthorized repair, maintenance, adjustment, tampering or alteration without consents, the Customer’s negligence or default, fair wear and tear and accident of any kind. | |||||
| 4.3 | For handset and accessory using rules and methods, please refer to user manual of related product for details. | |||||
| 4.4 | The limited warranty service for the handsets and accessory items is subject to the terms and conditions promulgated by the Manufacturer from time to time. | |||||
| 4.5 | CMHK shall not be responsible or liable for any defect in the handsets and/or accessory items caused by the warranty and repair thereof or any costs or expenses (including but not limited to delivery or transportation charges) related thereto. In no case shall CMHK owe any duty of care to the Customer in the course of repairing the damaged handsets and/or accessories by the Manufacturer nor shall CMHK be held liable for any direct or indirect consequences in connection with the repair service so rendered by the Manufacturer. | |||||
| 4.6 | CMHK shall not be held liable for any claim in connection with product liability, which is due to the default, negligence or omission of the Manufacturer. Product liability shall rest with the Manufacturer solely in any event. | |||||
| 5. | Customer’s Obligations | |||||
| 5.1 | The Customer shall: | |||||
| (a) | diligently comply with all the terms and conditions in the Agreement and/or the prepaid card services/MySim Mobile Service and any additional terms promulgated by CMHK from time to time, and use the Service reasonably and appropriately; | |||||
| (b) | diligently comply with all the relevant laws and regulations, policies and requirement by regulatory agency and the rules and guidelines by administrative agency updated from time to time and in force; | |||||
| (c) | ensure that the Customer and any end-user of the Service via the Customer comply with all the terms and conditions in the Agreement and/or the prepaid card services/MySim Mobile Service and any additional terms promulgated by CMHK from time to time, and ultimately responsible for any his/her act, negligence or omission when using the Service; and | |||||
| (d) | inform CMHK immediately in the event of losing the SIM Card for whatsoever reasons, failing which the Customer shall be liable for all charges related until such time when CMHK received notice from the Customer and the Service is suspended or disconnected by CMHK. | |||||
| 5.2 | For Subscribers of Mainland China mobile numbers | |||||
| (a) | The use (and/or continued use) of the Mainland China mobile number(s) is subject to the successful registration of real name registration (the “Registration”) as required by the authorities of People’s Republic of China (the “PRC”), as well as other laws, regulations and rules of the PRC. The Registration is subject to the final approval of the authorities of the PRC and CMHK does not warrant that the Registration shall be successful. | |||||
| (b) | Customer understands and agrees that notwithstanding any contrary provisions in the agreement(s) for the Services or VAS, his or her Mainland China mobile number may be suspended or discontinued at any time without any compensation if he or she fails to complete the Registration timely or if the Registration is not successful. | |||||
| 5.3 | The Customer agrees and undertakes to be solely responsible for the corresponding final liabilities and breaches of the contractual obligation when any event falling within Clause 5.3 (a)- (c) herein occurs; If such event has caused any loss to CMHK or any third party, or any demand, claim, action, petition, damage, liability, loss and cost (include but not limited to any reasonable legal cost) by the third party, the Customer shall be responsible for all the legal liability and shall compensate CMHK and all the relevant persons and institutions for any loss and any relevant cost, expense, debt, loss, claim and litigation cost arise, and the Customer shall provide CMHK with all the protection from injury and any loss, notwithstanding the maturity and termination of the Agreement, any relevant additional and attached contract or any relevant service or any relevant terms and conditions. | |||||
| (a) | Action, omission, negligence, or violation of any terms and conditions in the Agreement and/or the prepaid card services/MySim Mobile Service and any additional terms promulgated by CMHK from time to time by the Customer and any end-user of the Service via the Customer. | |||||
| (b) | Violation of any relevant law or regulation, policy or requirement by regulatory agency, or violation of any rule or guideline by administrative agency; and/or | |||||
| (c) | Any actual or potential tort or embezzlement by anyone relating to any patent, copyright, trademark or any other intellectual property right, exclusive right or business secret due to the condition hereinbefore mentioned, or caused by the use of the Service, or relating to the Service, or generated by the use of that service. | |||||
| 6. |
Suspension | |||||
| 6.1 | In the event that the Customer sends short messaging services (the “SMS”) or multi-media messaging services (the "MMS") which are of obscene, immoral, indecent, deceptive, fraudulent, defamatory, discriminatory, or in the nature of violating third party’s right, intellectual property right or privacy to a recipient or sends promotional SMS/MMS to a recipient without first having obtained prior explicit consent to receive SMS/MMS of promotional nature from him/her using CMHK’s network (“Unsolicited SMS/MMS-Promotional Nature”), or sends inter-operator short message services of promotional nature (the “IOSMS/IOMMS-Promotional Nature”) to a recipient without first having obtained prior explicit consent to receive IOSMS/IOMMS-Promotional Nature from him/her (the “Unsolicited IOSMS/IOMMS-Promotional Nature”), CMHK shall have the right to, without being liable to the Customer and without prior notice, limit, cancel, stop or discontinue the delivery of the Unsolicited SMS/MMS-Promotional Nature or the Unsolicited IOSMS/IOMMS-Promotional Nature (as the case may be), or suspend the related SMS/MMS-Promotional Nature or IOSMS/IOMMS-Promotional Nature (as the case may be) service subscribed by the Customer as soon as it becomes aware thereof or when CMHK receives a complaint from a recipient of an Unsolicited SMS/MMS-Promotional Nature or Unsolicited IOSMS/IOMMS-Promotional Nature (as the case may be). | |||||
| 6.2 | CMHK is entitled to temporarily limit or suspend any or all of the Services without notice to the Customer upon the occurrence of any of the events as stated in Clauses 8.1(a)-(q) herein and/or for the purpose of reducing or preventing any improper use of CMHK's networks or resources, deceptive or fraudulent acts or interference until CMHK is satisfied that the Customer has ceased such acts or the relevant investigation has been completed. | |||||
| 6.3 | Customer must use the Service in a fair manner. CMHK may monitor Customer’s usage of the Service and is entitled to suspend or terminate the Service (or any part thereof) without prior notice if it believes or suspects that there is any unfair use of the Service. Examples of unfair use of Service include but not limited to: | |||||
| (a) | Customer’s use of the Service may cause or lead to an adverse impact on any network or other CMHK customers; or | |||||
| (b) | There is any reselling of the Service without prior express consent of CMHK; or | |||||
| (c) | Customer uses the Service for A2P messaging without prior express consent of CMHK. For the purposes of the terms and conditions herein, A2P messages include any SMS or MMS originating from any application(s) (including but not limited to all SIM box(es), SMS gateway(s) and web application(s) which are intended for the sending of bulk SMS or MMS) not authorized by CMHK. | |||||
| 6.4 | Unless otherwise specified by CMHK in writing, the Customer shall remain liable for all service charges due throughout the period of the Service suspension. | |||||
| 7. | Reconnection Fee | |||||
| 7.1 | In the event that the Customer requests for reconnection of the Service, CMHK is entitled to charge the Customer a reconnection fee at CMHK’s prevailing rate. | |||||
| 8. | Termination | |||||
| 8.1 | Without prejudice to other provisions contained in the Agreement and/or the prepaid card services/MySim Mobile Service, CMHK may terminate the Agreement and/or the prepaid card services/MySim Mobile Service at any time or limit or suspend the Services or any part thereof without any notice upon the occurrence of any of the following events if: | |||||
| (a) | the Customer fails to settle the charges and/or Deposit to be paid after the due date; | |||||
| (b) | the Customer commits a breach of any of the terms and conditions contained herein and/or those of the prepaid card services/MySim Mobile Service; | |||||
| (c) | CMHK has reasons to believe that the Customer or any of his/her authorized users has used the handset for illegal or improper purpose or sent abusive or indecent messages or used abusive or indecent language to other customers or employees of CMHK through the Services; | |||||
| (d) | the Customer tampers with, copies or allows any other person to tampers with or copies the information precompiled in the SIM Card without CMHK’s prior authorization; | |||||
| (e) | the call charges for the Services exceed any credit limit specified by CMHK from time to time; | |||||
| (f) | any information provided by the Customer herein is found to be false; | |||||
| (g) | the Customer involves in or allows any action or content which violates third party’s right or intellectual property right; | |||||
| (h) | the Customer involves in or allows any action or content which is illegal, improper, obscene, indecent, immoral, defamatory, fraudulent or in dishonest use, misleading, discriminatory, incitement of hatred, sedition, secession, endangering the public order or endangering national security etc.; | |||||
| (i) | the Customer involves in or allows hacking activity, attack, interference or unauthorized login, use or access of any other third party device, equipment, facility, system, website, webpage, information or content; | |||||
| (j) | the Customer involves in or allows any storage, use, upload and download of any tool or software for the collection of any address or IP address, any personal information, or any unauthorized information; | |||||
| (k) | the Customer receives, copies, publishes, allots or distributes, circulates or delivers, or any use of illegal or unauthorized content; | |||||
| (l) | the Customer receives, copies, publishes, allots or distributes, circulates or delivers, or any use of commercial content for commercial or promotional purposes; | |||||
| (m) | the Customer involves in or allows any resale, transfer or sublicence of the usage of the Service to any third party without authorization from CMHK; | |||||
| (n) | the Customer involves in or allows any damage or interference to the normal operation of the Service; | |||||
| (o) | the Customer involves in or allows any action that may lead to actual impact on the normal operation of the Service in whole or in part; | |||||
| (p) | CMHK reasonably believes that the Customer or any end-user of the Service via the Customer violates any terms and conditions in the Agreement and/or the prepaid card services/MySim Mobile Service and any additional terms promulgated by CMHK from time to time; | |||||
| (q) | CMHK complies with any order, instruction, determination, statement, direction or similar pronouncement of a government or regulatory authority. | |||||
| 8.2 | The Customer may terminate the Agreement by giving thirty (30) days’ written notice in advance to CMHK provided that before the official date of termination: | |||||
| (a) | the Customer shall settle all outstanding charges; and | |||||
| (b) | the Customer shall return the SIM Card to CMHK. | |||||
| 8.3 | CMHK may terminate the Agreement from time to time without cause by giving not less than 30 days’ notice (in writing or through the website) to the Customer in advance. | |||||
| 8.4 | Termination of the Agreement and/or the prepaid card services/MySim Mobile Service shall not prejudice any rights and/or claims which CMHK may have against the Customer and shall not relieve the Customer from the obligations accrued under the Agreement and/or the prepaid card services/MySim Mobile Service prior to the date of termination. | |||||
| 8.5 | For the avoidance of doubts, any money and/or charges paid in advance by the Customer will not be refunded to the Customer despite termination of the Agreement and/or the prepaid card services/MySim Mobile Service for whatever reason. | |||||
| 8.6 | If the Customer has registered more than one account in his/her name for the Services and failed to pay any related charges under any one of the accounts timely, CMHK shall have the right to terminate all the agreements which are registered under the Customer's name in accordance with Clause 8.1. | |||||
| 8.7 | CMHK shall have the right to assign the Customer’s mobile telephone number for the Service to another subscriber of CMHK after the termination of the Agreement and/or the prepaid card services/MySim Mobile Service. | |||||
| 9. | Personal Data Protection | |||||
| 9.1 | The Customer has read, understood and agreed to the provisions in the General Personal Information Collection Statement(Please click here) and the Privacy Policy Statement(Please click here)(collectively known as the “Statements”), and agrees to be bound by the provisions thereof. | |||||
| 9.2 | The Statements are made in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong) (the “Personal Data (Privacy) Ordinance”) to inform the Customer the purposes of collecting, processing, disclosing, retaining or using any Customer’s data which relating directly or indirectly to a living individual, from which it is practicable for the identity of the individual to be directly or indirectly ascertained and in a form in which access to or processing of the data is practicable (the “Personal Data”) and expressly state that by continuing to use the Services, the Customer has conclusively demonstrated to have accepted and consented expressly and irrevocably to the usage of such information by CMHK and the rights conferred to CMHK. | |||||
| 9.3 | CMHK shall seek the consent of the Customer to use his Personal Data for the direct marketing purposes. The Customer is requested to indicate his consent or objection to CMHK’s use of his Personal Data regarding direct marketing purposes before providing his Personal Data. | |||||
| 9.4 | The Customer is entitled to access or correct his Personal Data held by CMHK. If the Customer wishes to obtain a copy of any of his Personal Data or if he believes that any of his Personal Data which CMHK collects and maintains is inaccurate, please write to CMHK at the address below: Data Privacy Officer, China Mobile Hong Kong Company Limited, L20, Tower 1, Kowloon Commerce Centre, No. 51, Kwai Cheong Road, Kwai Chung, New Territories, Hong Kong |
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| 9.5 | A request for access to or correction of Customer’s Personal Data, or for information regarding policies and practices of CMHK when collecting Customer’s Personal Data and kinds of personal data held by CMHK may be write to CMHK at the address mentioned in the Clause 9.4 herein. In accordance with the Personal Data (Privacy) Ordinance, CMHK have the right to charge a reasonable fee for the processing of any data access request. | |||||
| 10. | Disclaimer | |||||
| 10.1 | CMHK shall not be held liable for any claim in connection with product liability, which is due to the default, negligence, omission or mistake of the Manufacturer. Product liability shall rest with the Manufacturer solely in any event. | |||||
| 10.2 | Under no circumstances shall CMHK be liable for any claim, loss, damage or compensation in whatever nature howsoever arisen in connection with the performance of the Agreement and/or provision of the prepaid card services/MySim Mobile Service. | |||||
| 10.3 | CMHK will reasonably make the Services available to the Customer during the term of the Agreement and/or the validity period of the prepaid card services/MySim Mobile Service. CMHK does not warrant the quality or availability of any of the Services either in whole or in part provided to the Customer and CMHK is not responsible and liable for any loss, damage, claim or expense suffered by the Customer caused by any delay, suspension, failure, cessation or cancellation of any or all of the Services . | |||||
| 10.4 | In the event that any provision of the Service is contracted out or assigned to CMHK’s agents, CMHK disclaims any consequence, responsibility or liability arising from the acts, default, negligence, mistakes of CMHK's agents. | |||||
| 10.5 | With respect to the information released from the third party to the Customer via CMHK’s network, CMHK does not warrant its accuracy, quality, usefulness or completeness and will not accept any responsibilities for any loss or damage whatsoever suffered by the Customer as a result of the use or access to the relevant information. | |||||
| 11. | General | |||||
| 11.1 | CMHK retains the right, to be exercised in its absolute discretion and without assigning any reason, to accept or reject any application for mobile services, offers, privileges, special and/or promotional packages from time to time offered by CMHK. | |||||
| 11.2 | The Agreement embodies the entire agreement between the parties relating to this subject matter. Any representations and promises oral or written are hereby withdrawn and revoked. | |||||
| 11.3 | In the case of the Customer being a corporation or a limited company, the Customer warrants that the persons executing the Agreement and incidental documents have express authority to do so on its behalf. | |||||
| 11.4 | The Agreement shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region. | |||||
| 11.5 | CMHK reserves the right to vary, delete or amend any of the terms and conditions herein contained from time to time provided prior thirty (30) days’ written notice has been given to the Customer (for such purpose, the posting of the amendments, variation and/or deletion on the website of CMHK shall suffice as written notice to the Customer) to that effect. | |||||
| 11.6 | CMHK may assign the whole or any part of the Agreement and/or the prepaid card services/MySim Mobile Service to any other party or parties at any time. The Customer shall not, without the consent of CMHK, assign the rights and obligations of the Agreement to any other party. | |||||
| 11.7 | Any dispute arising out of the Agreement shall be first resolved by discussions between both parties in good faith. No legal proceedings shall be instituted against the other party in the absence of good faith discussion by both parties in pursuance of this clause. | |||||
| 11.8 | Unless otherwise stated, any notice to be given by CMHK to the Customer may be either personally delivered to the Customer or by SMS to any of the Customer’s registered numbers, or by ordinary post, facsimile or email to the registered address or any address as notified by the Customer. Such notice shall be deemed to have been received by the Customer twenty-four (24) hours after dispatch if by postal service or personally delivered, or deemed to have been received by the Customer immediately after dispatch if transmitted by SMS, facsimile or email. | |||||
| 11.9 | In the event that the Customer files a complaint with CMHK that he/she has received Unsolicited SMS/MMS - Promotional Nature or Unsolicited IOSMS/IOMMS - Promotional Nature, the Customer shall provide CMHK with all the necessary information on the Unsolicited SMS/MMS - Promotional Nature or Unsolicited IOSMS/IOMMS-Promotional Nature such as the date and time of the receipt of such SMS/MMS (s), full originating address and the contents of the SMS/MMS before CMHK is obliged to pursue the complaint, failing which CMHK shall be entitled to provide no pursue to the related complaint. | |||||
| 11.10 | The Customer may change his/her personal data or subscribed Service Profile, including service plan and all VAS subscribed, via different channels from time to time prescribed by CMHK, subject to the Customer diligently complying with all the terms and conditions in the Agreement and such additional terms and conditions as may be from time to time promulgated by CMHK. CMHK prescribed channels include Customer Care Hotline, Customer Centre, all retail outlets and electronic channels. | |||||
| 11.11 | Upon the expiry of the agreement for the Service and/or VAS, if Customer has not indicated to CMHK of his or her decision either to (a) renew, extend or replace the agreement for the Service and/or VAS or (b) terminate the agreement for the Service and/or VAS, CMHK shall continue to provide the Service and/or VAS on the original terms and conditions (or other terms and conditions as CMHK may think fit) at the prevailing market rate in force on a month-to-month basis until the agreement for the Service and/or VAS are terminated by Customer in the manner prescribed in the original agreement for the Service and/or VAS. However, unless otherwise agreed, all discounts, offers, privileges, rebates and/or gifts in the original agreement will not apply to the said monthly periods. | |||||
| 11.12 | In case of any dispute, the decision of CMHK should be absolute and final. | |||||
| 11.13 | Neither CMHK nor the Customer intends any terms of these terms and conditions of this Agreement to be enforceable pursuant to the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong). | |||||
| 11.14 | If there is any discrepancy between the Chinese and English versions of the Agreement, the English version shall prevail. | |||||