A. The Service
1. The purpose of the 5gspeedplan is to serve as a technology platform, enabling users to access information on telecommunication services or products, and further to communicate with the independent third party providers (the “Third Party Providers”) who offer those services or products (the “Purpose”). You acknowledge that the Company does not provide users any telecommunication service or product and that all of those telecommunication services or products are provided by the independent Third Party Providers.
3. Any part or content of the Service and the 5gspeedplan is solely for your own personal use or access. You agree not to (i) remake, copy, modify, make derivative works of, distribute, rent out, sell, resell or otherwise use for commercial purposes any of them; (ii) reverse engineer or dismantle the Service; (iii) mirror or forge any part of the Service; or (iv) materially hinder the operation of the Service in any respect, or attempt to gain unauthorised access to or impair any aspect of the Service or its related systems or networks.
4. You agree to observe all applicable laws when using the Service and use the Service solely for lawful purposes.
5. You understand and agree that the Service may include advertisements, which are necessary for the provision of the Service.
6. The Company reserves the right to temporarily suspend all or any part of the Service for repair, maintenance, upgrading or any other works it may think appropriate, without giving users prior notice.
B. Contents and products
1. All contents in relation to the service plans, certain information posted on the information centre and other third party services and contents sourced from the websites, pamphlets or registration hotlines of the Third Party Providers as contained in the 5gspeedplan are for reference only. Therefore, the Company does not guarantee their accuracy, completeness and validity. All information is subject to the official websites of the Third Party Providers and their decisions shall be final.
2. Users may request “price quotes” from the registered salesmen, provided that the Company cannot guarantee the accuracy, completeness and validity of the quotes provided to you by the salesmen. The Company takes no responsibility or claim of any form for any incorrect, false, outdated, incomplete or misleading content or information contained in the quote(s) provided to you by any third party.
3. The Service is provided on an “as is” basis. The Company disclaims any liability as a result of limitation period, deletion, transmission error or failure of storage of any user communications or customised settings.
4. The Company makes no express, implied or statutory representation and warranty that is not explicitly stated in the Terms, including any implied warranty of merchantability, fitness for a particular purpose and non-infringement. In addition, the Company does not make any representation, warranty or guarantee as to the reliability, timeliness, quality, suitability or availability of the Service or any services or products obtained through the use of the Service, or that the Service will operate without interruption or malfunction. The Company gives no assurance on the quality, suitability, safety or performance of the service(s) provided by the Third Party Providers.
C. Disclaimer and indemnity
1. The Company disclaims any form of responsibility or compensation for any damages, liabilities or losses arising from: (i) your use of or reliance on the Service, or the failure of your access to or use of the Service; (ii) the contents contained in the 5gspeedplan or the information and contents provided by anyone through the 5gspeedplan as a platform; or (iii) the communications, transactions or relationship between you and any Third Party Provider, notwithstanding that the Company has been advised of the possibility of such damages
2. The Company shall not be liable for any delay or failure in providing any services or any failure in updating any contents.
3. The Company shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including the loss of profits or information, personal injuries or property damages, in connection with, in relation to or arising from the use of the Service, notwithstanding that the Company has been advised of the possibility of such damages.
4. [You agree to indemnify and hold harmless the Company, its senior officers, directors, staff members and agents from any claims, demands, losses, liabilities and expenses (including attorney’s fees) arising from any and all of the causes below: (i) the use of the Service by you or the obtaining of service(s) or product(s) by you through the use of the Service; (ii) the violation of any laws or the breach of any Terms by you; (iii) the Company’s use of any information provided by you; or (iv) the breach of any third party (including the Third Party Provides) right by you.]
D. Amendments to the Terms
If, at any time, any provision of the Terms is held to be unlawful, invalid or unenforceable in whole or in part, such unlawful, invalid or unenforceable provision shall be deemed to have been deleted from the Terms, but all other provisions of the Terms shall remain in full force and effect and shall not be affected or prejudiced thereby.
G. Governing law and jurisdiction
The Terms are governed by and construed in accordance with the Laws of Hong Kong.In case of any inconsistencies or ambiguities between the English and Chinese versions, the Chinese version shall prevail.