csl mobile General Terms and Conditions
The Service provided by csl mobile is subject to these General Terms and Conditions, the Special Conditions, the Service Literature and any other terms and conditions in the Application (if any). Capitalized terms in these General Terms and Conditions have the meanings given to them in Clause 13.
1.1 csl mobile is entitled, in its discretion, to reject the Application for the Service if:
(a) the Customer fails to submit proof of identity and address;
(b) the Customer fails to satisfy the requisite creditability check;
(c) the porting-out of the mobile number of the Customer from another mobile operator to csl mobile is unsuccessful (if applicable); or
(d) the Customer fails to pay the stipulated price for the Mobile Device, Charges and/or deposit in full.
1.2 In some special occasions, a temporary Service may be provided by csl Mobile to the Customer pending csl mobile's acceptance of the Application. The provision of such temporary Service by csl mobile is subject to such terms and conditions as specified by csl mobile.
1.3 Notwithstanding clause 1.2, any temporary Service provided to the Customer shall not constitute an acceptance of the Application and csl mobile shall be entitled, in its discretion, to discontinue such temporary Service at any time.
1.4 Subject to payment of stipulated charges, the Customer shall be given a Customer Identity Module Card (“SIM Card”) of csl mobile. The title and the intellectual property rights of the SIM Card shall at all times vest in csl mobile. The Customer shall refrain from doing anything to interfere with the title and the intellectual property rights of the SIM Card. Upon termination, suspension or cancellation of the Customer's subscription to the Service, the Customer shall return the SIM Card to csl mobile free from any defacement, damage or defect; failing which the Customer shall pay the replacement cost of such SIM Card as determined by csl mobile.
1.5 csl mobile, Hong Kong Telecommunications (HKT) Limited, csl Media Limited and other csl group companies may jointly provide services (including but not limited to, mobile, Netvigator Everywhere and Pocket Wi-Fi services) to the Customer.
1.6 If the Customer cancels the Agreement before the Service activation date, the Customer shall pay csl mobile the relevant Pre-activation Cancellation Charge.
2. Value Added Services
2.1 In addition to the Mobile Service, the Customer may apply for such VAS made available by csl mobile from time to time. The Application shall be made by the Customer in person, through telephone or fax depending on the application procedure specified for each particular VAS. These Terms and Conditions shall apply to the Customer's use of all VAS unless there are separate terms and conditions applicable for such VAS; in which case the Customer shall abide by such other terms and conditions applicable to that particular VAS. csl mobile shall be entitled at its sole discretion, to reject the Customer's Application for any VAS.
2.2 VAS hereunder refers, without limitation, to data services, multi-media services, optional services to be used in conjunction with the Mobile Service and such new services as may be provided by csl mobile from time to time.
3. Charges and Deposits
3.1 The Customer agrees to pay csl mobile the Charges and deposit. csl mobile may vary or adjust the Charges, the charging mechanism or add new Charges and further deposit as it sees fit.
3.2 The Customer expressly acknowledges that the Customer has been notified of these Charges and understands the charging mechanism of the Services before subscribing for the Services.
3.3 The Customer agrees to pay the amounts specified upon application. Except for any deposit paid by the Customer, all monies paid upon application shall not be refunded by csl mobile if the Customer's Application is rejected for whatever reason.
3.4 The Customer acknowledges and agrees, that the Charges may be adjusted by csl mobile at any time.
3.5 If the Customer fails to make payment of any deposit(s) as required by csl mobile to secure the due performance of the Customer's obligations under the Agreement, csl mobile shall be entitled to suspend, discontinue or terminate the Customer's subscription to any or all of the Services.
3.6 csl mobile shall be entitled, in addition to its other rights and remedies hereunder, to exercise the right of set-off and to deduct from the deposits paid by the Customer, any outstanding sum due to csl mobile at any time.
3.7 Upon the termination of the Agreement, csl mobile shall refund the balance of the deposits (without interest) paid by the Customer after deducting (a) all outstanding sums for the Services and all other amounts that the Customer owes csl mobile under the Agreement; and (b) all amount the Customer owes any other csl group company under any other contracts between the Customer and such csl group entity.
3.8 The Customer acknowledges that payment of the deposits by the Customer is not risk free and that such deposits may not be returned to the Customer in the event of csl mobile's liquidation. In such event, the return of such deposits shall be governed by the law of insolvency applicable in Hong Kong.
4. Customer's Obligations
4.1 The Customer shall perform the Customer's obligations stipulated under the Agreement in a timely manner.
4.2 The Customer shall not transmit or disseminate any short messages, content and/or materials via any handset or mobile device (“Short Message”) which are obscene, immoral, indecent, deceptive, fraudulent, defamatory, discriminatory, privacy-intrusive, intimidating, provocative, unlawful, in breach of confidence, liable to incite racial hatred or an infringement of any intellectual property right. csl mobile shall have the right to edit or delete any Short Message at any time and in such manner as csl mobile thinks fit.
4.3 The Customer shall not send any promotional Short Messages to any party unless with the intended recipient's express prior consent. csl mobile shall have the right to stop the delivery or receipt by the Customer of any promotional Short Messages.
4.4 The Customer acknowledges and agrees that the intellectual property rights in the Services and the Content (being any still picture or other series of moving images, whether animated or otherwise, music video, music, data, information and/or other material that may be accessed through any of the Services) belong to csl mobile, its third party service providers and/or licensors and that nothing that it/he/she does will transfer any intellectual property rights therein to the Customer or license the Customer to exercise any intellectual property rights therein.
4.5 The Services are intended for the Customer's use only. The Customer shall not resell or distribute the Services in whatever form to any third party.
4.6 The Customer shall abide by all Applicable Law, the Acceptable Use Policies and any operating rules, as amended from time to time, when using the Services.
4.7 The Customer acknowledges that except for Content which is supplied by csl mobile as principal, it is not csl mobile's policy to exercise any editorial control over or to edit or amend any Content or Short Messages before it is transmitted or made available through any of the Services.
5. Billing and Payment
5.1 Different service plans will have different billing arrangements. The Customer shall make full payment of all bills before their stipulated due dates. Failure to do so shall entitle csl mobile to suspend, discontinue or terminate the Customer's subscription to any or all of the Services.
5.2 Except in the event of manifest error on the part of csl mobile or as otherwise expressly provided in the Agreement, all payments made to csl mobile shall not be refunded to the Customer in any event.
5.3 csl mobile reserves the right to issue interim bills (in such appropriate format) to the Customer at such intervals as csl mobile thinks fit.
5.4 Payment made by post, by electronic means or through the Internet shall be at the risk of the Customer. The Customer's obligation to pay shall not be discharged until actual payment has been received by csl mobile.
5.5 Fees payable by the Customer to csl mobile shall be calculated by reference to data recorded or logged by csl mobile and not by reference to any data recorded or logged by the Customer. Records held and logging procedures adopted by csl mobile will be conclusive evidence of the actual usage of the Services by the Customer and the charges payable by the Customer.
5.6 In the event of termination of Services by the Customer, csl mobile reserves the right to charge the Customer in the last bill for service charges for a full month or the entire bill cycle irrespective of the date of termination and without pro-rata adjustment. The Customer shall settle the amount as invoiced in full.
5.7 Any disputes regarding an invoice must be raised within 30 days of the date of the invoice notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the bank.
5.8 The Customer acknowledges and agrees that no credit or refund is available in respect of any time when any Service is ‘down' or suspended.
5.9 If the Customer has not paid any invoice by the due date, csl mobile reserves the right to (a) charge interest on any outstanding amount at an interest rate equal to 2% per annum above the prime lending rate of The Hongkong and Shanghai Banking Corporation Limited as current from time to time 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 the Customer's access to any Service is suspended or terminated before payment is made; and (b) at any time without notice to the Customer combine or consolidate all or any of the Customer's accounts so as to set-off, transfer or apply any sum or sums standing to the credit of csl mobile in or towards satisfaction of any of the outstanding sums of the Customer owed to csl mobile whether or not such accounts have been terminated or suspended.
6. Change of Service Plan
6.1 Any change in the Service Plan by the Customer is subject to the prior consent of csl mobile. csl mobile may impose additional conditions for such change of Service Plan.
6.2 The Customer acknowledges and agrees that certain of the Customer's remaining benefits under the Customer's existing Service Plan cannot be carried forward to the new service plan.
6.3 The Customer shall ascertain the details in relation to the change of the Service Plan from csl mobile in advance.
7. Suspension and Termination
7.1 Any suspension of any Service by the Customer is subject to the prior consent of csl mobile. csl mobile may impose additional conditions in relation to such suspension.
7.2 csl mobile may (a) deactivate any of the Services, with or without notice to the Customer, to carry out system maintenance, upgrading, testing and/or repairs; (b) limit or suspend the Customer's access to any of the Services with or without notice to the Customer where csl mobile is of the opinion that such action is appropriate as a result of the Customer's use of any of the Services; (iii) take any steps or omit to take any steps, with or without notice to the Customer, for any reason csl mobile deems relevant to the management or the operation of any of the Services and csl mobile's business, that may expand, reduce, modify, suspend, limit, make inaccessible or adversely affect any of the Services, or any Content.
7.3 csl mobile shall be entitled to suspend any or all of the Services if it is to csl mobile's financial interest to suspend such Service(s) to particular customer(s).
7.4 csl mobile may, upon discovery of suspected or inchoate, fraudulent, deceptive, unlawful or improper use of the Services by any party, suspend any or all of the Services to prevent such conduct from taking place.
7.5 The Customer may terminate the Customer's subscription to any or all of the Services at any time upon giving 30 days' notice to csl mobile. If the Customer terminates any Services during the Commitment Period (for reasons other than the breach of the Agreement by csl mobile after the Customer has given 30 days' notice of breach to csl mobile and csl mobile has failed to remedy the same) , the Customer shall pay csl mobile the relevant Early Termination Charges for the terminated Services.
7.6 csl mobile may terminate the Services and/or the Agreement forthwith in the following circumstances:
(a) the Customer has failed to pay any amount due to csl mobile under the Agreement 14 days after the due date for payment;
(b) the Customer has committed any other breach of the Agreement and fails to remedy the breach within 14 days from receiving the relevant notice of breach sent by csl mobile; or
(c) the Customer has successfully ported out his mobile number to another mobile operator.
If csl mobile terminates the Services and/or the Agreement in accordance with Clause 7.6(a) or (b) within the Commitment Period, the Customer shall pay csl mobile the relevant Early Termination Charges.
7.7 Without limiting the generality of the foregoing, csl mobile may terminate the provision of the Services at any time without cause and without liability to the Customer by giving not less than 30 days' notice to the Customer.
7.8 Termination hereunder shall not affect csl mobile's right of action against the Customer for any antecedent breach or liability incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained herein which is expressly or by implication intended to come into or continue in force on or after such termination. All remaining benefits (whether monetary or non-monetary) under the existing Service Plan at the date of termination shall be forfeited absolutely.
7.9 Prior to the expiration of the existing Commitment Period for the existing Service Plan, csl mobile is entitled to contact and offer a renewal Service Plan to the Customer (“Renewal Offer”). If the Customer agrees to renew the existing Service Plan in accordance with such renewal Service Plan, the existing Service Plan shall be renewed accordingly.
7.10 If (a) csl mobile is unable to contact the Customer regarding the renewal; or (b) the Customer fails to respond to and/or confirm the Renewal Offer, the existing Service Plan shall, subject to Clauses 7.11 and 7.12 and 12.1, be extended for successive one (1) month's periods (“Monthly Renewal Periods”) on the same terms and conditions until the Customer gives at least 30 days' prior written notice of termination (or such other period as specified by csl mobile in the Application) to csl mobile.
7.11 Unless otherwise specified and/or notified by csl mobile, all the free gifts, free products, free Service (including free VAS), waiver, discount or rebate offered by csl mobile during the existing Commitment Period in relation to the existing Service Plan shall not be offered by csl mobile during the Monthly Renewal Periods.
7.12 Notwithstanding Clauses 7.9 and 7.10, csl mobile is entitled to exclude the application of Clauses 7.9 and 7.10 to certain Services expressly identified by csl mobile in the Application.
8.1 Save and except for the warranties expressly provided under the Agreement, csl mobile provides no warranty (express or implied) as to the title, fitness for a particular purpose, quality, merchantability and durability of the handset, mobile device and the Services provided to the Customer, any obligation to maintain confidentiality of information (although csl mobile's current practice is to maintain confidentiality) or the results to be obtained from the use of the handset, mobile device, the Content or the Services.
8.2 csl mobile makes no warranty as to the quality and availability of any of the Services, its network and customer service. csl mobile accepts no responsibility and the Customer shall not hold csl mobile liable for any failure, interruption, delay, suspension or error on the part of csl mobile including without limitation, in relation to the Services, the Content, its network, customer service and after-sale service.
8.3 The limited warranty of the handsets or mobile devices shall be provided by the manufacturers directly in accordance with each manufacturer's standing warranty policies. csl mobile assumes no responsibility in providing any repair and maintenance service to the Customer.
8.4 All product liability relating to the handset, mobile device, equipment and accessories (“Equipment”) sold, supplied and/or provided by csl mobile shall rest with the respective manufacturers solely in any event. csl mobile makes no warranty as to the safety and suitability of the Equipment. The Customer shall read and get familiar with the user handbook / user manual (or equivalent) released by the respective manufacturers prior to using or operating the Equipment and shall not contravene any instruction, guidance or restriction therein specified. The Customer expressly acknowledges and agrees that csl mobile's role is merely a distributor of the Equipment and that the Customer shall not make any claim against csl mobile or hold csl mobile liable for any product liability either in contract law or tort law.
8.5 csl mobile will use its best commercial endeavours to provide the Services to the Customer without abnormal interruption.
9.1 The Customer shall indemnify and hold csl mobile, its employees, representatives, sub-contractors and agents harmless against any Loss (including Consequential Loss) which csl mobile suffers or incurs arising out of, relating to or in connection with the Services and customer service, including but not limited to the Loss resulting, directly or indirectly, from: (a) any act or omission (whether nor not negligent) of the Customer or any third party; (b) any Claim by any person relating to the supply of the Services or its use by the Customer or any other person or any delay or failure to provide the Services by csl mobile; (c) a breach by the Customer of the Agreement; (d) any Unauthorized Activity by the Customer or any third party to whom the Services are provided; (e) any Claim by any person or liability of csl mobile under any Applicable Law in relation to the supply of the Services and any content transmitted using the Services (including any Claim for infringement of any intellectual property right including copyright or any right in any trade mark or design); or (f) any Claim arising directly or indirectly out of or relating to the use of the Services to carry material of obscene, indecent or defamatory mature; other than to the extent that it is the result of the wilful breach by csl mobile.
9.2 In the event that the Customer ports in his prepaid mobile number to csl mobile, the Customer warrants that the Customer is the legitimate user of the said prepaid mobile number and agrees to fully indemnity csl mobile against all losses, damages, liabilities, actions, demands, claims, proceedings, costs and expenses sustained by csl mobile as a result of the Customer's breach of this warranty.
10. Limitation of Liability
10.1 To the extent permitted by law, (a) csl mobile shall not be liable for any Consequential Loss; and (b) csl mobile's aggregate liability to the Customer shall in any event not exceed the total fees paid by the Customer to csl mobile for the immediately preceding 12 months prior to any incident giving rise to such liability.
10.2 csl mobile expressly disclaims all responsibilities and liabilities for or arising from:
(a) the use of the Services, Content, handset or mobile device by the Customer;
(b) any damage to or loss of data suffered by the Customer arising from his use ofany of the Services, Content, handset or mobile device;
(c) 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;
(d) any claim relating to any Services, Content, handset or mobile device supplied, provided, sold or made available by csl mobile (or any failure or delay to so supply, provide, sell or make available);
(e) any injury, disease, seizure or loss of consciousness suffered by the Customer or any person arising whether directly or indirectly from accessing and using the Services or playing any computer games through the Services; and
(f) any disruption or suspension of the Services or any part thereof which is attributable to an event or circumstance beyond csl mobile's reasonable control.
10.3 In the event that the provision of the Services is undertaken by csl mobile's contractors, sub-contractors, service providers or agents (collectively referred to as “Independent Service Providers”), csl mobile disclaims for itself and on behalf of the Independent Service Providers all responsibilities or liabilities arising from the acts, default, neglect, omission and mistakes committed by the Independent Service Providers. In consideration of the services (including information and content services) provided by the Independent Service Providers to the Customer, it is expressly acknowledged and agreed by the Customer that csl mobile has the requisite authority to make the disclaimer on behalf of the Independent Service Providers and that this clause 10.3 shall be extended to protect the Independent Service Providers and shall be relied upon by the Independent Service Providers as if they were parties to the contract with the Customer.
10.4 Without limitation to any other provision in the Agreement, csl mobile expressly disclaims and excludes any liability whatsoever arising directly or indirectly from csl mobile exercising any of its rights under the Agreement.
10.5 Nothing in the Agreement excludes or restricts a party's liability for death or personal injury resulting from the negligence or fraud of that party.
10.6 Notwithstanding any other provision in the Agreement, csl mobile shall not be liable for any failure to fulfill an obligation under the Agreement if such a fulfillment is delayed, prevented, restricted or interfered with for any reason as a result of a Force Majeure Event provided that csl mobile has used its reasonable endeavours to mitigate the effect of the Force Majeure Event and to carry its obligations in any other way reasonably practicable.
11. Provision of Information
11.1 If csl mobile requests personal data from the Customer that constitutes Personal Data (meaning Personal Data as defined in the Personal Data (Privacy) Ordinance, account information including data set out in the Sales Agreement and any other customer information obtained from the Customer or from another source), the Customer may decline to provide the Personal Data but in that event csl mobile may decline to provide any of the Services to the Customer.
11.2 The Customer agrees that csl mobile may use the Personal Data for any and all of the following purposes, or any purpose directly related to them: (a) the provision of the Servicesto the Customer (including the transfer of such Personal Data to other telecommunications network providers or third parties as necessary for the provision of any of the Services and/or the transfer of such Personal Data to Affiliates (meaning any other entity which directly or indirectly controls csl mobile, is controlled by csl mobile, or is under common control with csl mobile) as necessary for the provision of Services by csl mobile); (b) matching (as defined in the Personal Data (Privacy) Ordinance) the Personal Data with other data collected for other purposes and from other sources including third parties in relation to the provision of the Services; (c) marketing of goods and/or services by csl mobile in relation to the Services and/or the goods and services of such agents, Affiliates and/or subsidiaries; (d) business planning and improving of goods and/or services in relation to the provision of the Servicesand/or other goods and services of csl mobile and/or its Affiliates; (e) processing of any benefits arising out of or in connection with any of the Services and/or other goods and services of csl mobile and/or its Affiliates; (f) analysing, verifying and/or checking the Customer's credit, payment and/or status in relation to the provision of any of the Services and/or other goods and services of csl mobile and/or its Affiliates; (g) processing of any payment instructions, direct debit facilities and/or credit facilities in relation to the provision of the Services and/or other goods and services of csl mobile and/or its Affiliates or requested by the Customer; (h) enabling the daily operation of the Customer's accounts with csl mobile and/or its Affiliates and/or the collection of amounts outstanding from the Customer (which may include disclosing the Customer's Personal Data to debt collection agencies) in relation to any of the Services, Content and/or other goods and services provided by csl mobile and/or its Affiliates; (i) enabling csl mobile to comply with its obligations to interconnect or other industry practices; (j) keeping the Customer informed of the Services and/or other goods and services of csl mobile and/or its Affiliates; (k) prevention or detection of crime; (l) disclosure as required or permitted by law; and (m) any other purposes as may be agreed to by the parties. The Customer agrees that the Personal Data may be disclosed and transferred in Hong Kong or to/in places outside Hong Kong to csl mobile's Affiliates, agents, contractors, other telecommunications operators or any other third parties (including collection agencies, credit reference agencies, security agencies, credit providers or other financial institutions and any of csl mobile's actual or proposed assignees or transferees of csl mobile's rights with respect to the Customer) for such person to use, disclose, hold, process, retain or transfer such Personal Data for the purposes listed in this Clause 11.2, or any other purposes incidental thereto.
11.3 The Customer shall, as soon as practicable, notify csl mobile of any changes of address or any other particulars provided to csl mobile which may affect the provision of any of the Servicesto the Customer. On csl mobile's request, the Customer shall provide csl mobile with information relating to the Customer and the Customer's use of the Servicesreasonably required by csl mobile:
(a) to assist csl mobile in complying with csl mobile's obligations under any applicable law;
(b) to report to any government agency regarding compliance with those obligations; and
(c) to assess whether or not the Customer has complied, is complying and will be able to continue to comply with all of his obligations under the Agreement.
12.1 csl mobile is entitled to unilaterally vary, amend, delete or add to any or all the Agreement (including these General Terms and Conditions) by posting the details of such amendments on www.hkcsl.com; such amendments to take effect immediately upon such posting.
12.2 Unless otherwise required by the Special Conditions, these General Terms and Conditions shall supersede all representations, promises and previous agreements, whether oral or written made by csl mobile's staff or agents in relation to the Services and embodies the entire agreement between the parties in relation to the Services. The parties do not rely on any representations or warranties in relation to the Services except as expressly provided in the Agreement.
12.3 The Customer shall not assign, novate, convey, license, transfer or otherwise dispose of any or all of the Customer's rights, duties and/or obligations under the Agreement.
12.4 csl mobile is entitled to at any time (with or without notice) assign, novate, sub-contract, transfer or otherwise dispose of any or all of its rights, duties, and/or obligations under the Agreement without the consent of the Customer.
12.5 If there is any inconsistency between these General Terms and Conditions, the Special Conditions, the Application and the Service Literature, the inconsistency will be resolved in the following descending order of preference:
(a) the Special Conditions;
(b) these General Terms and Conditions;
(c) the Application; and
(d) the Service Literature.
12.6 If the Customer includes any requirements, information and/or any terms and conditions in the Application other than those as expressly provided for by csl mobile in the Application, it will not form part of the Agreement.
12.7 These General Terms and Conditions, the Special Conditions, the Application and Service Literature and the description of the Services may be translated by csl mobile into Chinese. The English version of these General Terms and Conditions, the Special Conditions, the Application and Service Literature and the description of the Services shall prevail over any Chinese versions for all purposes.
12.8 The rights, powers and remedies of a party under the Agreement are cumulative and are not exclusive of any other right, power and remedy available to the party at law, or in equity.
12.9 Any failure, delay, relaxation or indulgence by a party in exercising any power, right or remedy conferred on that party by the Agreement does not operate as a waiver of that power, right or remedy unless expressed in writing to be a waiver.
12.10 Each of the provisions of the Agreement is severable and distinct from the others, and if one or more of such provisions is or becomes invalid, illegal or unenforceable, such invalid, illegal or unenforceable provisions shall be deleted from the Agreement and no longer incorporated herein, but, the other provisions shall continue to be effective and binding on the parties.
12.11 Time shall be of the essence in all respects for the Customer to perform its duties and obligations under the Agreement.
12.12 The Agreement is governed by and construed in accordance with the laws of Hong Kong. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Hong Kong.
13. Definitions and Interpretation
13.1 In the Agreement the following words have the meanings given to them in this clause unless the context otherwise requires:
"Affiliate"means, in relation to an entity, any other entity which directly or indirectly controls, is controlled by , or is under common control with, such entity.
"Agreement"means the agreement between csl mobile and the Customer in respect of the Services comprising these General Terms and Conditions, the Application and the description of the Services (including the Service Plan), the Charges and where applicable, Special Conditions and Service Literature as may be amended by csl mobile from time to time.
"Acceptable Use Policies"means the Acceptable Use Policies of csl mobile which can be found at http://www.hkcsl.com/en/Footer-General-Terms-Conditions-Acceptable-Use-Policies/.
"Applicable Law"means (a) any law, rule or regulation of Hong Kong applicable to the Service, the Customer's use of the Service; (b) obligations under any telecommunications licence held by csl mobile, the Customer or any person to whom the Customer provides Customer Services; (c) any lawful determination, decision or direction of a Government Agency in Hong Kong applicable to the Service or the Customer's use of the Service; and (d) any applicable international convention or agreement.
"Application"means, in relation to the Service, a written application and, where expressly allowed by csl mobile, a non-written application made by the Customer to csl mobile requesting provision of the Services to the Customer.
"Charges"means the charges relating to the provision of the Mobile Equipment and/or Service by csl mobile to the Customer as published, issued or specified by csl mobile from time to time (including but not limited to the Monthly Fee, MTR/Tunnels/Mobile Service License Fee, Early Termination Charge, surcharges, and any charges or fees charged by csl mobile relating to connection, reconnection, flag fall, voice airtime, data usage, mobile data, roaming, registration, infrastructure, network, co-handling, content, cancellation of Services and any other charge or fee (including amounts billed by csl mobile for and on behalf of a third party) as may be specified by csl mobile from time to time).
"Claim"means any claim or cause of action in respect of the Agreement, including but not limited to, in contract (including a breach of warranty), in tort (including misrepresentation or negligence) or under statute.
"Commitment Period"means, in relation to each Service Plan or the Services, the commitment period or fixed term as specified by csl mobile in the Application; or if no such period is specified, the period of three (3) months, commencing from the Service Commencement Date.
"Consequential Loss"means, in relation to a party, any consequential, indirect, special, punitive, economic, incidental or collateral Loss (including, the loss of profits, goodwill, bargain or opportunities; or the loss or corruption of data; or the loss of anticipated savings or business, whether caused by negligence or otherwise and whether arising out of or relating to or in connection with the Agreement, the Service, or any failure to supply or delay in supplying the Service).
"Customer"means any person, including any individual, Government Agency, organization, corporation or unincorporated body which has applied to csl mobile for the Services by way of an Application.
"Early Termination Charge"means the charge as specified in the Application and payable by the Customer upon the early termination of any Service Plan or Services during the Commitment Period (if any) by the Customer.
"Force Majeure Event"means anything outside the reasonable control of csl mobile including but not limited to industrial disputes of any kind, war declared or undeclared, blockade, disturbance, a natural disaster such as lightning, earthquake, storm, flood, explosion or meteor, law or any power lawfully exercised by a Government Agency, any change in Applicable Law, inability or delay in granting governmental or other approvals, consents, permits, licenses or authorities, or telecommunications network outage or degradation which csl mobile cannot reasonably control.
"Government Agency"means any government or governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity in any part of the world and includes the Telecommunications Authority.
"Hong Kong"means the Hong Kong Special Administrative Region of the People's Republic of China.
"Licence"means a licence issued by a Government Agency to csl mobile from time to time authorising csl mobile to provide the Service.
"Loss"includes loss (including, loss of revenue), damage, cost, expense, fine, Claim, demand, liability and charge.
"MMS"means multimedia messaging service enabling the Customer to send and receive multimedia and entertainment content such as video, picture, text page and ringtone via a compatible mobile device.
"MNP"means mobile number portability enabling a person to port-in or port-out his mobile number to/from a mobile service provider.
"Mobile Service"means the mobile service packaged under a Service Plan and provided by csl mobile to the Customer.
"Monthly Fee"means in relation to a Service Plan, the basic monthly Charge for the packaged Mobile Services. Monthly Fee excludes the Charges in relation to any additional or VAS consumed by the Customer.
"Monthly Renewal Periods"has the same meaning assigned to it in Clause 7.10.
"csl mobile"means CSL Mobile Limited.
"Pre-activation Cancellation Charge"means the pre-activation cancellation charge payable by the Customer to csl mobile as specified in the Application.
"Renewal Offer"has the same meaning assigned to it in Clause 7.9.
"Services"means, the service provided by csl mobile to the Customer under the Agreement (including but not limited to the services provided under the Service Plan, Mobile Service, VAS, after-sale service and any other customer services specified by csl mobile).
"Service Commencement Date"means, in relation to a Service Plan, renewal service plan or a Service, the date which csl mobile makes such Service Plan, renewal service plan or a Service available to the Customer.
"Service Literature"means any service guide, brochure, tariff schedule, customer guide, code of practice, device description, instruction, manual or policy issued by csl mobile or its Affiliate(s) from time to time in connection with the provision of the Services.
"Service Plan"means the service plan including its renewal service plan (whether for a Commitment Period or otherwise) of csl mobile and subscribed by the Customer in accordance with the Agreement.
"Short Message/SMS"means short messages in text form sent and/or received by the Customer via a compatible handset and/or mobile device.
"Special Conditions"means the special conditions specifically applicable to each Service published or issued by csl mobile from time to time (including those additional terms and conditions specified in the Application).
"Telecommunications Authority"means the Telecommunications Authority of Hong Kong.
"Unauthorized Activity"means: (a) any act or omission in relation to the Services that is in breach of any Applicable Law; (b) any activity identified as an unauthorized activity or prohibited in the Special Conditions.
"Value Added Service" or "VAS"means the value added services (including any additional or ad hoc value added services) provided by csl mobile in conjunction with the Mobile Service.
13.2 In the Agreement, unless the context otherwise requires:
(a) a word importing the singular includes the plural and vice versa;
(b) a word importing a gender includes any gender;
(c) a reference to a person includes a natural person, any company, partnership, joint venture, association, corporation, authority or other legal entity;
(d) a covenant or agreement on the part of two or more persons binds them jointly and severally;
(e) a reference to a party includes its successors and permitted assigns;
(f) a reference to any statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing it and a reference to a statute includes all regulations, proclamations, Telecommunications Ordinance and by-laws issued under that statute;
(g) a reference to a document includes any amendment or supplement to, or replacement or notation of, that document;
(h) a reference to the words, "includes", "including" or "example" are references without limitation;
(i) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day; and
(j) headings are for convenience only and do not affect the interpretation of the Agreement.