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個人資料政策

你可在費用全免的情況下 , 隨時選擇不收取電訊盈科互動多媒體有限公司有關『網上行』之宣傳推廣或直銷郵件 , 辦理有關手續 , 請附上用戶編號、登記姓名及電郵地址電郵至 privacy@pccw.com , 或郵寄至電訊盈科私隱條例事務主任 (地址如下)。

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你亦可以書面形式聯絡電訊盈科私隱條例事務主任 , 以接達及更正你的個人資料。

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NETVIGATOR TERMS AND CONDITIONS

1. Our responsibilities

"We" and "us" means PCCW IMS Limited. We will provide you (the Member) with a login ID and password to access NETVIGATOR. You should note that we may (i) deactivate NETVIGATOR at any time without notice to carry out system maintenance, upgrading, testing and/or repairs; (ii) limit or suspend your access to NETVIGATOR without notice where we are of the opinion that such action is appropriate as a result of your use of NETVIGATOR; (iii) expand, reduce and/or modify any of the Services (being any of the services which may be accessed through NETVIGATOR), or any Content (being any still picture or other series of moving images, whether animated or otherwise, music video, music, data, information and/or other material, goods or services that may be accessed through NETVIGATOR), amend the amount of any fees, introduce new fees and/or amend the terms and conditions of this Agreement, and/or amend any operating rules which govern your use of NETVIGATOR by posting the details of such amendments on NETVIGATOR, such amendments to take effect 7 days after any such posting is made.

2. Your responsibilities

You will (i) be responsible for your use and any Designated User's (being those other persons specified on the Application Form who will be issued with separate login ID's and passwords to access NETVIGATOR) use of NETVIGATOR; (ii) not copy, distribute, publish, transmit or otherwise exploit any Content unless you own that Content or possess an appropriate licence; (iii) not use NETVIGATOR to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, liable to incite racial hatred, discriminatory, menacing or in breach of confidence; (iv) not hack, break into, access, use or attempt to hack, break into, access or use any part of NETVIGATOR, its Content and/or any data areas on our server(s) for which you have not been authorised by us; (v) ensure that each of the Designated Users comply with these terms and conditions; (vi) abide by all relevant laws of Hong Kong and any operating rules, as amended from time to time, when using NETVIGATOR; (vii) subject to any other term contained in this Agreement, not assign, transfer or sub-license all or any part of your rights or obligations under this Agreement; and (viii) in relation to any content which you upload to NETVIGATOR, be deemed to have granted to us an irrevocable perpetual licence to copy, distribute, publish and transmit such Content as is necessary for the operation of NETVIGATOR, without charge, unless agreed otherwise between you and us.

You acknowledge that (i) no unused 'free usage hours' of access time may be carried forward to the following month; and (ii) except for that Content which is supplied by us as principal, it is not our policy to exercise any editorial control over or to edit or amend any Content before it is transmitted or made available through NETVIGATOR. However, you hereby authorise us to amend or delete any Content which is uploaded or otherwise provided by you where any such Content is, in our sole opinion defamatory, in breach of copyright, illegal or otherwise not appropriate to be accessed by or through using NETVIGATOR.

You agree to indemnify us against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by us arising from or which is related to (i) your use, any Designated Users' use and/or any other person's use of NETVIGATOR where such person was able to access NETVIGATOR by using your or a Designated User's login ID and/or password; (ii) any breach or non-observance of any term of this Agreement by you or any Designated User.

To the extent that you have not 'opted out' of giving such consent by ticking the relevant box on the Application Form, you consent to us using any personal data (as defined in the Personal Data (Privacy) Ordinance), supplied in connection with this Agreement for our own internal and direct marketing purposes, to us supplying such personal data to any other company in our group or selected third parties to use for such purposes and to our supplying such personal data to such third parties as may be necessary for the operation of NETVIGATOR. We may, for example, supply any such personal data to third parties for the purpose of carrying out credit checks against you or for debt collection purposes. You consent to us "matching" (as defined in the Ordinance) any such personal data with data collected for other purposes and/or from other sources (including third parties) for these and other purposes. You also consent to any such personal data being transferred to another legal jurisdiction outside Hong Kong that may not have laws protecting personal data similar to the Ordinance.

3. Payment

We will send you an invoice every month with a list of all Fees (being fees for installation, monthly subscription, storage, Content, PNETS charges and any other relevant fees and charges current from time to time) which relate to your use of NETVIGATOR, the Services and/or any Content. We can provide you with a hard copy of the invoice if you pay the additional handling charge set out on the Application Form. You agree to pay the full amount of such invoice by the payment method selected by you on the Application Form, such payment to be made before the due date for payment as specified on the invoice. You hereby authorise us to charge your credit or charge card with the full amount of such invoice at any time before the due date for payment on the invoice, such authorisation to continue after the expiry date on any such card (and where you are not the cardholder, you hereby agree to procure such authorisation from the cardholder). Any disputes regarding an invoice must be raised within 90 days of the date of the invoice notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the bank. Please note that no credit or refund is available in respect of any time when NETVIGATOR is 'down' or suspended. If you have not paid any invoice by the due date, we reserve the right to charge interest on any outstanding amount at 2% per month until the invoice has been paid in full and to charge a handling fee, collection agency fee, reconnection fee and/or require a security deposit if your access to NETVIGATOR is suspended or terminated before payment is made. You acknowledge that if we invoice you for Content as agent for a third party provider of that Content, we are not the supplier of that Content.

4. Software Licence

We hereby grant to you a non-exclusive and non-transferable licence for you to store, run and use the Software (ie. that software which is supplied to you to access NETVIGATOR) on your computer in accordance with the terms and conditions of this Agreement and the software licence which accompanies the Software but not further or otherwise. Except to the extent permitted by law, you shall not alter, modify, adapt or translate the Software nor decompile, disassemble or reverse engineer the same nor attempt to do any such thing.

5. Warranties & Liability

To the extent permitted by law, we disclaim any representation or warranty whether express or implied as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of NETVIGATOR, the Software, the Services and/or any Content, that NETVIGATOR will be uninterrupted or error free, any obligation to maintain the confidentiality of information (although our current practice is to maintain such confidentiality), the results to be obtained from use of NETVIGATOR, any Services and/or any Content unless otherwise specifically mentioned in this Agreement.

You agree that our liability under this Agreement shall in any event not exceed the total Fees paid by you to us for the immediately preceding twelve months prior to any incident giving rise to a claim.

In the absence of our negligence or deliberate act, we expressly disclaim any liability for (i) any damage to or loss of data suffered by you arising from your use of NETVIGATOR, the Software, the Services and/or any Content; (ii) any claim based in contract, tort, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not; (iii) any claim relating to any Services and/or any Content supplied, provided, sold or made available by or through NETVIGATOR (or any failure or delay to so supply, provide, sell or make available); (iv) any injury, disease, seizure or loss of consciousness suffered by you or any person who accesses NETVIGATOR using your login ID and/or password, arising whether directly or indirectly from accessing and using NETVIGATOR, any of the Services or playing any computer games through NETVIGATOR; and (v) any disruption or suspension of NETVIGATOR or any part thereof which is attributable to an event or circumstance beyond our reasonable control.

6. Termination

We may terminate this Agreement at any time on the giving of at least one calendar month's notice to you or immediately by notice to you if you breach any term of this Agreement. You may terminate this Agreement at any time by giving at least one calendar month's prior notice to us.

7. Effect of Termination

Upon the date of termination of this Agreement (i) all licences, rights and privileges granted to you under the terms of this Agreement shall cease; (ii) you will not be entitled to a refund of any Fees unless (a) there is a credit balance of at least HK$90.00 in your account, and (b) such credit balance represents a pre-payment of a monthly subscription fee made by you. Any termination of this Agreement shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in this Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.

8. General

We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations contained in this Agreement to any person at any time. The English version of these terms and conditions shall prevail over any Chinese version which is provided for information purposes only. If any term or condition of this Agreement becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this Agreement and shall be deemed to be deleted from this Agreement. This Agreement shall be governed by Hong Kong law and the parties hereby submit to the non-exclusive jurisdiction of the Hong Kong courts.

NETVIGATOR Web-Based E-Mail TERMS AND CONDITIONS

1. Our responsibilities

"We" and "us" means PCCW IMS Limited. We will provide you (the Member) with a login ID and password to access NETVIGATOR Web-Based Email. You should note that we might :

(i) Deactivate NETVIGATOR Web-Based Email at any time without notice to carry out system maintenance, upgrading, testing and/or repairs. NETVIGATOR has no responsibility, customer service and technical support for the timeliness; deletion, undelivered or failure to store email messages.

(ii) we will not be liable for any direct, indirect, incidental or special loss, consequential damage or any damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by any use of @my.netvigator.com

(iii) we will limit or suspend your access to NETVIGATOR Web-Based Email without notice where we are of the opinion that such action is appropriate as a result of your use of NETVIGATOR Web-Based Email;

(iv) NETVIGATOR will not monitor, edit or disclose the contents of NETVIGATOR Web-Based Email messages unless required by law.

(v) we will expand, reduce and/or modify any of the Services (being any of the service which may be accessed through NETVIGATOR), or any Content (being any still picture or other series of moving images, whether animated or otherwise, music video, music, data, information and/or other material, goods or services that may be accessed through NETVIGATOR),

(vi) NETVIGATOR has set an upper limit of 3 MB of storage space for each non-Netvigator user to send or receive e-mail through the Service. Also we will terminate User's password and account if User fails to use the service at least one time within 90 days.

(vii) amend the terms and conditions of this Agreement and at any time or condition of this Agreement becomes or is declared illegal, invalid or unenforcement for any reason, such term or condition shall be divisible from this Agreement and shall be deemed to be deleted from this agreement.

2. Your responsibilities

You will:

(i) be responsible for any use of NETVIGATOR Web-Based Email , i.e. maintaining the confidentiality of your account number and/or password. You are also responsible for all uses and the content of the messages you communicate when using web-based email, as well as the consequences of any such messages.

(ii) Member may only be an individual and cannot be a corporation or other business entity. Member agrees not to resell or make any commercial use of the Service, without the express consent of NETVIGATOR.

(iii) Not use, or allow others to use NETVIGATOR Web-Based Email for junk mail; chain letters or spaming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

(iv) Not copy, distribute, publish, transmit or otherwise exploit any Content unless you own that Content or possess an appropriate license;

(v) Not use NETVIGATOR Web-Base Email to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, liable to incite racial hatred, discriminatory, menacing or in breach of confidence;

(vi) Not hack, break into, access, use or attempt to hack or use any part of NETVIGATOR, its Content and/or any data areas on our server(s) for which you have not been authorised by us;

(vii) Ensure that each of the Designated Users comply with these terms and conditions;

(viii) Abide by all relevant laws of Hong Kong and any operating rules, as amended from time to time, when using NETVIGATOR;

(ix) Subject to any other term contained in this Agreement, not assign, transfer or sub-license all or any part of your rights or obligations under this Agreement; and

(x) In relation to any content which you upload to NETVIGATOR, be deemed to have granted to us an irrevocable perpetual license to copy, distribute, publish and transmit such Content as is necessary for the operation of NETVIGATOR, without charge, unless agreed otherwise between you and us.

It is not our policy to exercise any editorial control over or to edit or amend any Content before it is transmitted or made available through NETVIGATOR. However, you hereby authorize us to amend or delete any Content which is uploaded or otherwise provided by you where any such Content is, in our sole opinion defamatory, in breach of copyright, illegal or otherwise not appropriate to be accessed by or through using NETVIGATOR.

To the extent that you have not 'opted out' of giving such consent by ticking the relevant box on the Application Form, you consent to us using any personal data (as defined in the Personal Data (Privacy) Ordinance), supplied in connection with this Agreement for our own internal and direct marketing purposes, to us supplying such personal data to any other company in our group or selected third parties to use for such purposes and to our supplying such personal data to such third parties as may be necessary for the operation of NETVIGATOR. We may, for example, supply any such personal data to third parties for the purpose of carrying out credit checks against you or for debt collection purposes. You consent to us "marching" (as defined in the Ordinance) any such personal data with data collected for other purposes and/or from other sources (including third parties) for these and other purposes. You also consent to any such personal data being transferred to another legal jurisdiction outside Hong Kong that may not have laws protecting personal data similar to the Ordinance.

3. Software License

We hereby grant to you a non-exclusive and non-transferable license for you to store, run and use the Software (ie. That software which is supplied to you to access NETVIGATOR) on your computer in accordance with the terms and conditions of this Agreement and the software license which accompanies that Software but not further or otherwise. Except to the extent permitted by law, you shall not alter, modify, adapt or translate the Software nor decompile, disassemble or reverse engineer the same nor attempt to do any such thing.

4. Warranties & Liability

To the extent permitted by law, we disclaim any representation or warranty whether express or implied as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of NETVIGATOR, the Software, the Services and/or any Content, that NETVIGATOR will be uninterrupted or error free, any obligation to maintain the confidentiality of information although our current practice is to maintain such confidentiality), the results to be obtained from use of NETVIGATOR, any Services and/or Content unless otherwise specifically mentioned in this Agreement.

In the absence of our negligence or deliberate act, we expressly disclaim any liability for (i) any damage to or loss of data suffered by you arising from your use of NETVIGATOR, the Software, the Services and/or any Content; (ii) any claim based in contract, tort, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not; (iii) any claim relating to any Services and/or any Content supplied, provided, sold or made available by or through NETVIGATOR (or any failure or delay to supply, provide, sell or make available); (iv) any injury, disease, seizure or loss of consciousness suffered by you or any person who accesses NETVIGATOR using your login ID and/or password, arising whether directly or indirectly from accessing and using NETVIGATOR, any of the Services or playing any computer games through NETVIGATOR; and (v) any disruption or suspension of NETVIGATOR or any part thereof which is attributable to an event or circumstance beyond our reasonable control.

5. Termination

This Agreement shall commerce when NETVIGATOR accepts your Application and maybe terminated by either party by written notice via E-mail or to the other party. NETVIGATOR shall not liable to Member or any third party for termination of service.

6. Effect of Termination

Any termination of this Agreement shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in this Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.

7. General

We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations contained in this Agreement to any person at any time. The English version of these terms and conditions shall prevail over any Chinese version which is provided for information purposes only. If any term or condition shall be divisible from this Agreement and shall be deemed to be deleted from this Agreement. This Agreement shall be governed by Hong Kong law and the parties hereby submit to the non-exclusive jurisdiction of the Hong Kong courts.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.

NETVIGATOR SCHEDULER TERMS AND CONDITIONS

By using NETVIGATOR Scheduler you agree to the following Terms and Conditions:

1. Our responsibilities

"We" and "us" means PCCW IMS Limited. We will provide you (the Member) with a login ID and password to access NETVIGATOR Scheduler. If you are already a registered NETVIGATOR User, you shall receive a NETVIGATOR ID and password upon completing the registration process. You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. User agrees to immediately notify NETVIGATOR of any unauthorized use of User's account or any other breach of security known to User.

NETVIGATOR Scheduler is owned and operated by PCCW IMS Limited and you should noted that we may:

(i) deactivate NETVIGATOR Scheduler at any time without notice to carry out system maintenance, upgrading, testing and/or repairs. NETVIGATOR has no responsibility, customer service and technical support for deletion or failure to store any data or other information included by User on the Service.

(iii) we will limit or suspend your access to NETVIGATOR Scheduler without notice where we are of the opinion that such action is appropriate as a result of your use of NETVIGATOR Scheduler.

(iv) NETVIGATOR will not monitor, edit or disclose the contents of NETVIGATOR Scheduler data or other information unless required by law.

(vi) we assume no responsibility for the deletion or failure to store Scheduler data. NETVIGATOR has set an upper limit of 1000 entries on the storage space of information that a Member allow to store on the Service and all input schedules will be deleted up to the previous 2 months; Moreover, NETVIGATOR retains the right, at IMS's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the terms and conditions and may terminate Service if a Member's conduct is found to be inconsistent with the terms and conditions.

(viii) will terminate User's password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as terminated by NETVIGATOR from time to time which period shall not be less than 90 days.

2. Your responsibilities

You will:

(xi) be responsible for any use of NETVIGATOR Scheduler, i.e. maintaining the confidentiality of your account number and/or password. You are also responsible for all uses and the data storage when using Calendar.

(xii) Member may only be an individual and cannot be a corporation or other business entity. Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, without the express consent of NETVIGATOR.

(xiii) Not use NETVIGATOR Scheduler to post, promote, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, liable to incite racial hatred, discriminatory, menacing or in breach of confidence;

(xiv) Not hack, break into, access, use or attempt to hack or use any part of NETVIGATOR, its Content and/or any data areas on our server(s) for which you have not been authorized by us;

(xv) Ensure that each of the Designated Users comply with these terms and conditions;

(xvi) Abide by all relevant laws of Hong Kong and any operating rules, as amended from time to time, when using NETVIGATOR;

(xvii) Subject to any other term contained in this Agreement, not assign, transfer or sub-license all or any part of your rights or obligations under this Agreement; and

(xviii) In relation to any content which you upload to NETVIGATOR, be deemed to have granted to us an irrevocable perpetual license to copy, distribute, publish and transmit such Content as is necessary for the operation of NETVIGATOR, without charge, unless agreed otherwise between you and us.

To the extent that you have not 'opted out' of giving such consent by ticking the relevant box on the Application Form, you consent to us using any personal data (as defined in the Personal Data (Privacy) Ordinance), supplied in connection with this Agreement for our own internal and direct marketing purposes, to us supplying such personal data to any other company in our group or selected third parties to use for such purposes and to our supplying such personal data to such third parties as may be necessary for the operation of NETVIGATOR. We may, for example, supply any such personal data to third parties for the purpose of carrying out credit checks against you or for debt collection purposes. You consent to us "marching" (as defined in the Ordinance) any such personal data with data collected for other purposes and/or from other sources (including third parties) for these and other purposes. You also consent to any such personal data being transferred to another legal jurisdiction outside Hong Kong that may not have laws protecting personal data similar to the Ordinance.

3. Software License

4. Warranties & Liability

To the extent permitted by law, we disclaim any representation or warranty whether express or implied as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of NETVIGATOR, the Software, the Services and/or any Content, that NETVIGATOR will be uninterrupted or error free, any obligation to maintain the confidentiality of information although our current practice is to maintain such confidentiality), the results to be obtained from use of NETVIGATOR, any Services and/or Content unless otherwise specifically mentioned in this Agreement.

In the absence of our negligence or deliberate act, we expressly disclaim any liability for (i) any damage to or loss of data suffered by you arising from your use of NETVIGATOR, the Software, the Services and/or any Content; (ii) any claim based in contract, tort, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not; (iii) any claim relating to any Services and/or any Content supplied, provided, sold or made available by or through NETVIGATOR (or any failure or delay to supply, provide, sell or make available); (iv) any injury, disease, seizure or loss of consciousness suffered by you or any person who accesses NETVIGATOR using your login ID and/or password, arising whether directly or indirectly from accessing and using NETVIGATOR, any of the Services or playing any computer games through NETVIGATOR; and (v) any disruption or suspension of NETVIGATOR or any part thereof which is attributable to an event or circumstance beyond our reasonable control.

5. Termination

6. Effect of Termination

7. General

We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations contained in this Agreement to any person at any time. The English version of these terms and conditions shall prevail over any Chinese version which is provided for information purposes only. If any term or condition shall be divisible from this Agreement and shall be deemed to be deleted from this Agreement. This Agreement shall be governed by Hong Kong law and the parties hereby submit to the non-exclusive jurisdiction of the Hong Kong courts.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.