Unless otherwise stated, for the purpose of the T&C,
a. “Account” means the ONE Home service account.
b. “App” means the ONE Home mobile application designed to connect the Smart Devices to a mobile phone device for controlling and managing the Smart Devices
c. “Smart Device” means CMHK smart home device.
d. “CMHK” means China Mobile Hong Kong Company Limited.
e. “Service” means the scope of service provided by the Smart Devices and the App.
f. “Updates” means updates, fixes additional functions and features, or add-on components to the App.
g. “Your Content” means all contents being uploaded, transmitted, shared, posted, emailed or otherwise disseminated using, or in connection with, the App and your Account.
2. The Service
a. By downloading, accessing and/or using the App, you accept and agree to be bound by the T&C.
b. Use of the Service requires a compatible mobile device, effective Wi-Fi and internet access. You hereby acknowledge that the actual performance of these factors may affect quality of the Service.
c. The Service is intended for use in Hong Kong only and CMHK makes no warranty that the Service will be available in places outside Hong Kong.
3. Account Sign Up Registration
Use of the Service requires you to login to a valid user account which you sign up through the App. You agree to provide accurate and complete account information when you sign up for an account. You agree to keep all login information confidential and not to disclose to any other person. You agree that you are solely responsible for all activities under your Account.
CMHK may provide updates, fixes, additional functions and features, or add-on components to the App (collectively, "Updates") upon your download and installation. The T&C for this agreement will apply to the Updates, unless CMHK provides additional terms along with the Update which will also be applied when the Updates are installed and in use. You agree for CMHK to check your version of the App automatically and send Updates to the App. CMHK may release newer versions of the App and require you to update to the most current version.
5. License to Use of the Service
Subject to your compliance with all applicable laws, regulations and T&C together with payment of applicable fees and charges, CMHK grants you a limited, personal, non-exclusive, non-transferrable, revocable license to use the Service for your personal, non-commercial use on a mobile phone device owned or otherwise controlled by you solely in connection with your operation of Smart Device(s) owned by you or by a third party that has authorized your access to the Smart Device through the owner's use of the App.
The license granted in Section 5 is subject to your compliance with the following:
a. You must not attempt to work around, bypass, disable, modify the App or to use the Service in an attempt to, or in conjunction with any device, program or service designed to circumvent any security features or any technical measures employed to control access to, or the rights in, a content, file or other work;
b. You must not decompile, reverse engineer, decipher, disassemble or otherwise attempt to access source code of the App;
c. You must not rent, lease, sell, sublicense, distribute, publish, display, broadcast, transfer or otherwise make available the App or any of its features or functionalities to any third party for any reason, including by making the App available on a network where more than one device is being able to access at any time;
d. You must not use the App in, or in association with the operation of, any hazardous environments or systems, including but not limited to aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical systems such as medical and life-support systems, vehicle operation applications, or any police, fire or other safety response systems;
e. You must not use or leverage the App or any portion of its functionalities thereof as a platform to develop or provide for other external applications, services and websites;
f. You must not make any use of the App in any manner not permitted by the T&C;
g. You must not use the Service for any unlawful purposes; and
h. You must use the Service in accordance to all applicable laws and regulations including the Personal Data Privacy Ordinance (Cap.486)
7. Your Content
a. You are solely responsible for all contents being uploaded, transmitted, shared, posted, emailed or otherwise disseminated using, or in connection with, the App and your Account ("Your Content"). CMHK does not claim ownership right to Your Content. CMHK is under no obligation to enable access and transmission of Your Content via the App and may, in its discretion, edit, block, or remove Your Content at any time. You represent and warrant that Your Content does not infringe the rights of CMHK or any third party, or violate any agreement with or policy of CMHK or any applicable law. If CMHK suspects violations of the foregoing, CMHK may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.
b. You must not record, share, post, distribute or communicate any content via the Service which is unlawful, defamatory, discriminative, indecent, obscene or infringing.
8. Reservation of Right
You acknowledge and agree that the App is provided under license to you with only the right to use the Service in accordance with the T&C. CMHK retains the entire ownership of the App, including all copyrights, logos, trademarks and other intellectual property and proprietary rights therein or relating thereto.
9. Mobile Application Availability and Support
CMHK has no obligation to and may not provide support to the App or your Account. CMHK makes no guarantee on availability of the App or your Account, and your access is granted only if and when they are available. Your use of the App and access to your Account may occasionally be restricted for maintenance, upgrades or other reasons. CMHK reserves the right to suspend your Account, access to Your Content and your use of the App at any time without notice.
10. Modifying and Terminating our Contents
We are constantly changing and improving our contents of the Service and App. We may add or remove functionalities or features, and we may suspend or stop a Content altogether.
You can stop using our contents at any time. CMHK may also stop providing contents to you, or add or create new limits to our contents at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a content, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that content.
11. Disclaimer of Warranties
You expressly understand and agree that:
a. CMHK fulfills obligations relating to the Service pursuant to the T&C and such obligations shall be limited to CMHK's provisioning of related Service with reasonable skills and caution. The T&C does not contain any contents that exempt or limit CMHK's liabilities for deaths or personal injuries incurred from CMHK's negligence, fraud or other cases where the liabilities cannot be exempted or limited as per applicable laws.
b. CMHK and its subsidiaries, affiliates, senior executives, employees, agents, partners, and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the Service will deliver accurate and reliable results; (iv) the products, services, information or other materials purchased or obtained via the Service will meet your expectations; and (v) any errors in the App will be corrected.
c. You will evaluate the risks relating to any material downloaded or otherwise obtained through the use of the Service at your own discretion, and you will be solely responsible for any damage to your computer system or loss of data.
d. No advice or information, whether oral or written, obtained by you from CMHK or the Service shall create any warranty not expressly stated in the T&C.
e. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or a computer screen. Certain conditions may induce epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Service. Immediately discontinue the use of the Service and consult your physician if you experience any of the following symptoms while using the Service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.
f. The Service and all information, contents, products, services, mobile services and messaging services included on it or otherwise made available to you are provided by CMHK on "as is" and "as available" basis, unless otherwise specified in writing by CMHK. CMHK makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, contents, products, services, mobile services and messaging services included on it or otherwise made available to you by CMHK (including but not limited to their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security, or free from error), unless otherwise specified in writing by CMHK.
g. CMHK does not guarantee that network services can meet your demands, nor does it warrant the uninterrupted use as well as the timeliness, security and accuracy of the network services.
h. CMHK has no control over and hence has no responsibility for the contents uploaded to the Service or the contents, privacy policies, or practices of any third-party websites linked to from the Service.
i. DISCLAIMER OF WARRANTY. The App is licensed "as-is", "with all faults" and "as available". You bear all risk of using it. The application publisher, on behalf of itself, CMHK (if CMHK isn’t the application publisher), wireless carriers over whose network the App is provided, and each of our respective affiliates, vendors, agents and suppliers ("Covered Parties"), gives no express warranties, guarantees, or conditions in relation to the App. The entire risk as to the quality, safety, comfort, and performance of the App is with you. Should the App prove defective, you assume the entire cost of all necessary servicing or repair. You may have additional consumer rights under your local laws that this agreement can't change. To the largest extent permitted by law, Covered Parties exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, safety, comfort and non-infringement.
12. Limitation of Liability
a. You expressly understand and agree that CMHK shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of revenue, profits, goodwill, use, property, data, privacy or other intangible losses (even if CMHK has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the App and the Service; (ii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party in the Service; (v) any other matter relating to the Services (unless otherwise expressly stated in the T&C in other ways).
b. To the largest extent permitted by law, the aggregate liability for CMHK for damages shall not exceed the total fee paid by you for the Service immediately preceding 3 months prior to any incident giving rise to a claim.
You agree to indemnify and hold CMHK and its subsidiaries, affiliated companies, executives, agents, employees, co-branders, partners and their employees not liable for any claim or demand, including reasonable attorneys' fees, made by any third party relating to or arising out of Your Contents submitted, posted, transmitted or otherwise made available through the Service, your use of the Services, your connection to the Service, your violation of the T&C, or your violation of any rights of others.
14. Modifications to these Terms
CMHK reserves the right to change the T&C at any time upon notice to you. You agree to periodically review the T&C for changes and you can review the most current T&C at any time at www.hk.chinamobile.com. Updated Terms are binding on you as of the effective date indicated in CMHK’s notice. Your continued use of the App after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, you must cancel your Account and stop using this App.
You agree to comply all the provisions set out in our General Personal Information Collection Statement and Personal Privacy Statement, which are available at https://www.hk.chinamobile.com/en/pics.html and https://www.hk.chinamobile.com/en/privacy.html.
No act, delay or omission by CMHK shall affect its rights, powers and remedies under the T&C or any further or other exercise of such rights, powers or remedies. The rights and remedies under the T&C are cumulative and not exclusive of the rights and remedies provided by law.
Each of the provisions of the T&C is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
18. Governing Law
a. The T&C shall be governed by and construed in accordance with the laws of Hong Kong and the parties irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
b. In case of any discrepancy between the Chinese and English version of the T&C, the English version shall always prevail.