TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE PORTAL.
These Terms of Use govern Your access to and use of the PCCW Global Service Portal (“Service Portal”), including any content, functionality and Services offered on or through the Service Portal and affects Your use of the Service Portal and accessing Your Account through the Service Portal.
You understand and agree that We will treat Your use of the Service Portal as acceptance of the Terms of Use and agreement to be bound and abide by the Terms of Use and any documents incorporated herein by reference.
This Service Portal is offered and available to users who are 18 years of age or older. By using the Service Portal, You represent and warrant that You are of legal age and have the legal capacity to enter into and form a binding contract with Us.
“You” or “Your” means the person or company who is authorised by Us to use the Service Portal to access Your Account to manage use the Services.
“We”, “Our” and “Us” means PCCW Global Limited with its registered office at 39th Floor, PCCW Tower, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong, its subsidiaries and affiliated companies.
1. DEFINITIONS
1.1. Capitalised terms in these Terms of Use have the following meanings:
“Account Administrator” means the individual identified by You to manage Your use of the Service Portal and exercise the rights set out in section 2.3 of these Terms of Use.
“Services” means the products and services offered by Us online for Your use which may be accessed via the Service Portal.
“Service Agreement” means the commercial agreement between You and Us which governs the terms and conditions for purchase and use of the Services which can be: (i) any existing service agreement between You and Us; or (ii) in the absence of an existing service agreement, Our general terms and conditions set out at https://www.pccwglobal.com/en/terms-conditions in effect as of the date that the service order is placed, together with the Specific Terms and Order Form.
“Specific Terms” mean the additional terms and conditions specific to a particular Service.
1.2 Other capitalised terms have the meanings defined in herein.
2. SCOPE, INTENT AND AUTHORITY
2.1 Scope. These Terms of Use set out the terms and conditions of Your access to and use of the Service Portal, including any content, functionality and Services offered on or through the Service Portal. Any use of the Services by You through the Service Portal and the rights and obligations between You and Us relating to the Services are governed by Your Service Agreement with Us. These Terms of Use may modify or amend some of the terms of any Service Agreement with respect to any Services to the extent applicable. If there is any inconsistency or conflict between the terms of these Terms of Use and the applicable Service Agreement then the inconsistency or conflict will be resolved in the following order of precedence: the service order, the Specific Terms relevant to that Service, these Terms of Use and the Service Agreement.
2.2. Intent. Your use of the Service Portal includes the authority to enter into agreements and/or to make transactions electronically. You acknowledge that Your electronic submissions constitute Your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions apply to all records relating all transactions You enter into through the Service Portal, including notices of cancellation, policies, contracts and applications. In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.
2.3 Authority. As a registered user of the Service Portal, We will establish an account ("Account") for You. You are solely responsible for maintaining the confidentiality and security of Your Account and for all activities that occur on or through Your Account, and You agree to immediately notify Us of any security breach of, or unauthorized use of, Your Account. We shall not be responsible for any losses arising out of the unauthorized use of Your Account.
2.3.1 Account Administrator. We will provide access to the Service Portal to an Account Administrator designated by You. The Account Administrator acts as Your authorized representative with respect to all transactions initiated through the Service Portal. The Account Administrator is responsible for notifying Us of any issues surrounding the use of the Service Portal or Your Account. You may not change an Account Administrator without Our prior written consent.
2.3.2 Account Management and Access. The Account Administrator can, at any time though the Service Portal: (a) invite and/or grant access to additional authorised users to Your Account (“Authorised Users”); (b) manage the Authorized Users; (c) change the Authorised Users by deleting them from Your Account; and (d) assign or revoke an Authorised User’s access rights to Your
Account to ensure and safeguard Your Account. We may cooperate with You and Your Account Administrator to investigate any unusual or suspected fraudulent or unauthorized use of Your Account upon written notice from the Account Administrator.
2.3.3 Authorised Users. The Authorised Users are the authorised representatives of the Account Administrator with respect to all transactions and uses initiated through the Service Portal. The Authorised Users' rights of transactions and uses are determined and updated from time to time by the Account Administrator through the Application.
2.3.4 Account Activity. By naming Your Account Administrator, You agree that all transactions and use of the Service Portal initiated by the Account Administrator and Authorised Users through the Service Portal are Your responsibility, even if You were unware of any particular transaction or if a particular transaction exceeded the authority, as granted by You, of the Account Administrator or Authorised User.
2.3.5 Information Accuracy. You are responsible for: (a) ensuring that all information You provide to Us is complete and accurate, and (b) informing Us of any changes to the information You have provided. You may access and update Your Account settings and information in Your registered Account profile. You must not submit any information about any third parties without their prior written consent. By submitting information about any third parties, You agree to ensure and guarantee that such third party(ies) will comply with these Terms of Use.
3. LICENCE, USE, LIMITS AND THIRD PARTY RIGHTS
3.1 Licence. The Service Portal and the data accessed through it is Our property. However, if You have been provided a user name and a password by Us, You are granted a limited, non-sub-licensable, non-transferrable and revocable right to access the Service Portal and the data provided through it for Your informational purposes only. You agree to keep the user credentials confidential and not to share them with any third party. This license is limited to You only. If any of Your affiliates wants to have access to the Service Portal and/or any data provided through it, Your affiliates must seek and obtain their own user credentials from Us which we may grant at our sole discretion. You may not sell, lease, share, transfer, or sublicense the Service Portal access, access codes thereto or data accessed through it to any third party, whether for direct commercial or monetary gain or otherwise, without Our prior written permission.
3.2 Use. You may not use the Service Portal in any manner or for any purpose that: (a) violates (or is likely to violate) any law or regulation, any right of any person, (including but not limited to intellectual property rights, rights of privacy, or rights of personality);
or (b) is harmful to Us or to Our directors, officers, employees, affiliates, agents, contractors, or licensors; or (c) is inconsistent with any Service Agreement with Us or these Terms of Use. You may not present data accessed through this Service Portal so that it appears to be available from a third party. You may not otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Service Portal or any data provided by Us.
3.3 Limits. You acknowledge and agree that PCCW Global may impose or adjust the limit on the number of requests and transactions you may send or receive through the Service Portal, such limits may be set by PCCW Global at any time, at PCCW Global’s discretion.
3.4 Third Party Rights. Your use of the Service Portal and its features may involve access to or incorporation of third party website(s) and/or content. You agree that We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that You will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that We are not in any way responsible for any such use by You.
3. PRIVACY
Your use of the Service Portal is subject to Our Privacy Statement, in addition to the privacy policies of any third party providers whose websites, portals, applications, materials, services or products are incorporated into the Service Portal.
4. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES
4.1 We do not guarantee, represent or warrant that Your use of the Service Portal will be uninterrupted or error-free. You agree that we have the right to: (a) make changes to the Service Portal from time to time; (b) remove the Service Portal for indefinite periods of time; (c) discontinue the Services or a portion or attribute thereof; or (d) cancel the Service Portal at any time, without notice or liability to You.
4.2 The Service Portal, all Services delivered to You and data accessed through the Service Portal are (except as expressly stated by Us or as agreed in the Service Agreement) provided on an “as is” basis and “as available” for Your use, without warranties of any kind, either express or implied, including all implied warranties of completeness, merchantability, fitness for a particular purpose, title and non-infringement. You expressly agree that Your use of, or inability to use, the Service Portal, including all data distributed, downloaded or accessed through the Service Portal is at Your sole risk. PCCW Global does not represent or warrant that materials accessed through these services are accurate, complete, reliable, current or error-free.
4.3 In no event shall We, Our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) arising out of or in any way connected with Your use of the Service Portal or data accessed through it including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content, (or Service) posted, transmitted, or otherwise made available through the Service Portal, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for certain types of damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law and shall in no event exceed the purchase price of the affected Service.
4.4 We will use reasonable efforts to protect information submitted by You in connection with the Service Portal, but You can agree that Your submission of such information is at Your own risk, and we hereby disclaim any and all liability to You for any loss or liability relating to such information in any way.
4.5 We do not represent or guarantee that the Service Portal will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and We disclaim any liability relating thereto. You are responsible for backing up Your own system and maintaining and safeguarding Your Account information.
5. WAIVER AND INDEMNITY
By using the Service Portal, You agree, to the extent permitted by law, to indemnify and hold Us, Our directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of Your breach of these Terms of Use, Your use of the Service Portal, or any action taken by Us as part of Our investigation of suspected violation of these Terms of Use or as a result of its finding or decision that a violation of these Terms of Use has occurred. This means that You cannot sue or recover any damages from Us, Our directors, officers, employees, affiliates, agents, contractors, and licensors as a result of Our decision to remove or refuse to process any information or content, to warn You, to suspend or terminate Your access to the Service Portal, or to take any other action during the investigation of a suspected violation or as a result of Our conclusion that a violation of these Terms of Use has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms of Use.
6. INTELLECTUAL PROPERTY
6.1 You agree that the Service Portal, including but not limited to Our Services, graphics, user interface, scripts, and software used to implement the Service Portal, contains proprietary information and material that is owned by Us and/or Our licensors, and is protected by applicable intellectual property and other laws, including but not limited tocopyright. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Service Portal in compliance with these Terms of Use. No portion of the Service Portal or its features or functionality may be reproduced in any form or by any means, except with Our prior written consent. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service Portal in any manner, and You shall not exploit the Service Portal in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
6.2 Notwithstanding any other provision of these Terms of Use, We reserve the right to change, suspend, remove, disable, restrict or terminate access to the Service Portal, any Services, or other materials comprising a part of the Service Portal at any time without notice or liability to You. In no event shall We incur any liability to You or otherwise as a result of any such actions. We may also impose limits on the use of or access to certain features or portions of the Service Portal, in any case and without notice or liability to You. By Your use of the Service Portal, You grant to Us an irrevocable, royalty-free, perpetual and worldwide license to cite, use and include Your or Your affiliates’ company name, trademarks, trade names, service marks, logos, domain names and other brand features in any online and offline marketing, publicity or promotional materials, or otherwise.
6.3 All copyrights in and to the Service Portal (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) and related software are owned by Us and/or Our licensors, who reserve all their rights in law and equity. The use of the Service Portal or any of its contents, features or functionality or any Services provided through the Service Portal, except as permitted under these Terms of Use, is strictly prohibited and may subject you to civil and criminal penalties, including possible monetary damages, for infringement of our or a third party’s intellectual property rights.
7. CHANGES
We reserve the right to modify these Terms of Use and to impose new or additional terms or conditions on Your use of the Service Portal at any time without notice. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Use. Your continued use of the Service Portal will be deemed acceptance thereof. It is Your responsibility to check these Terms of Use periodically for changes and/or additional terms or conditions.
8. DISPUTE RESOLUTION
You agree that in case of any dispute arising out of, under, or in connection with Your use of the Service Portal, such dispute will be subject to the dispute resolution procedures and governing law provisions of the relevant Service Agreement.
9. MISCELLANEOUS
These Terms of Use represent the entire agreement between Us with respect to Your use of the Service Portal, superseding any prior agreements between Us in relation to the same subject matter contained in these Terms of Use. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content, or third-party software. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such or any other provision. We will not be responsible for failures to fulfill any obligations due to causes beyond Our control. We will give You any necessary notices by posting them on the Service Portal. You agree to check the Service Portal for notices and agree that You will be considered to have received a notice when it is made available to You by posting on the Service Portal.
