UGAME Terms and Conditions

Terms and Conditions:

The following terms and conditions (the “T&C”) apply to any Users of UGAME Service, including UGAME website, service platform and its application(s) (collectively, the "Service"). “User(s)” herein refers to any person, firm, organization or entity: 1) which have registered for the Service (including the China Mobile Hong Kong Company Limited (“CMHK”)’s Customer and non-CMHK Customer); or 2) which accesses or uses the Service is whatsoever manner and by whatever means (whether or not the User has registered for the Service, or whether or not any usage is authorized).

By accessing and/or using the Service, Users agree to be bound by the T&C below:

A. The Service

1. The Service is only compatible with the specified devices and operating systems (“OS”), which will be updated from time to time. Please refer to the announcements.

2. The Service's application(s) will be updated from time to time. To use the Service, Users may be required to update the application(s) accordingly. CMHK will not be responsible for any Users' inability to install the Service's application.

3. Certain contents and services are only available to registered Users and/or Users subscribing paid and/or promotion package(s).

B. Users' responsibilities and restrictions
Users agree that they shall not use the Service, and they are strictly prohibited from using the Service:

1. to carry out or allow any copyright or other intellectual property rights infringement;

2. for any illegal, improper, obscene, immoral or defamatory purposes or effects, or any purpose or effect in violation of any regulatory requirements, or any other purposes or effects which CMHK prohibits;

3. to upload or download any information, materials or files that contain software or other materials protected or regulated by intellectual property laws and/or personal data protection laws unless the Users own, control, have custody, or are authorized with those rights or have received all necessary licenses and consents to do the same;

4. to mimic, reproduce, duplicate, copy, sell, resell, record, post or amend, adopt or derive etc., from the whole or any parts of the Service and/or content for publication, commercial and/or non-personal use without CMHK's prior written permission;

5. to store, modify, amend, distribute, sell or resell, redistribute any materials of the Service and/or its application (including code and software) without CMHK's prior written permission;

6. to restrict or prohibit anyone from using the Service by disturbing, harassment, undue influence or threatening actions and/or hacking into, altering, destroying or denying any part of the Service’s availability or any contents within by any means; or

7. to upload any information, materials or files that contain viruses, malware, corrupted files, or any other software or programs that may damage the operation or availability of another's computer or property of another;

8. Different parts of the Service might be governed by additional terms and conditions. This T&C and any additional terms and conditions shall also apply at the same time. In case of inconsistency between this T&C and the additional terms and conditions, the additional terms and conditions shall prevail.

C. Account registration

1. Users may register their own account and shall ensure the truthfulness, accuracy and completeness of their personal data and related information. Users shall keep the personal data updated. Users are solely responsible and liable for maintaining the safety and security of their passwords and the proper usage of the account(s).

2. The Service is for the User's own personal use only.

3. Users shall not and is prohibited from register accounts for or on behalf of others.

4. Users shall be fully responsible and liable for all activities conducted through the usage of their respective account(s) and password(s). As CMHK is not responsible for screen out any illegal or unauthorized use of the user account by any person other than the registered Users without that user's permission, CMHK will not assume any liability in respect thereof. And any usage of the Service by any person or party who utilize a particular user’s login will be demmed as that user of using the Service.

5. Upon successful registration, Users shall be deemed agree to receive promotional materials regarding the Service, and other related commercial information as well as amendments of the terms of conditions to that user by CMHK through email, website or any other means.

D. Disclaimers and Limited Warranty

1. CMHK makes no warranty nor representation of any kind, whether expressly, implied or otherwise, including but not limited to that:

a. merchantability, fitness for a particular purpose, title, and non-infringement of third parties’ rights by the Service or its contents;

b. the Service will meet the Users' requirements;

c. the Service will be available, accessible, uninterrupted, timely, secure or error-free;

d. the information, contents, materials, products or services (if any) that may be obtained or made available from the use of the Service will be will be as represented by any provider or procurer or Users, or available at the time of listing, or lawful to procure or made available, or will perform as represented or promised, accurate or reliable;

e. the quality of any services, information or other material obtained by the User through the Service will meet User’s expectation;

f. any implied warranty arising from course of dealing or usage of trade (if any);

g. any implied obligation, liability, right, claim or remedy under any contract or agreement;

h. any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of CMHK, in equity, or otherwise; or

i. Liable to any failure or delay in accessing the Service due to the instability of the internet connection or telecommunications network;

To the greatest extent permissible under any applicable laws, CMHK disclaims any and all such representations and warranties.

2. Users understand, acknowledge and agree that for any information, contents and/or functions under the Service that are provided, procured or enabled by third parties, and CMHK is not responsible or liable for their availability, quality, nature, accuracy and usefulness of such information, contents and/or functions.

3. Users explicitly understand and agree that they shall use the Service at their own risk. The Service provided to them on an “as is” and “as available” basis. CMHK assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings or for any damage to User’s device or loss of data resulting from using the Service, including the download of any materials, data or information without limitation. Users expressly relieve CMHK from any liabilities arising from the access or usage of any part of the Service.

4. Users agree to undertake and assume all risks by using the Service. CMHK is not responsible for any loss or damage caused or occasioned by accessing, using, browsing the website, and/or downloading any information, data, text, images, and video or audio from the websites (including but not limited to computer or other devices’ damage or infection from virus or malware).

5. The Service might perform or behave differently in terms of the contents/functions at different platforms.

6. The Service is only available for use within Hong Kong. The Service is not allowed overseas IP address, nor does any other means of digital transmission to facilitate the usage of the Service outside the geographical locations of Hong Kong like VPN etc. if the streaming is blocked. If Users use the Service outside Hong Kong, roaming data charges may be incurred and applicable and all relevant fees and charges shall be borne by the Users.

7. CMHK reserves the absolute discretion and can change any scope or the contents of the Service, or remove any games from the Service, or control the number of games, the contents and quality of any game or service package presentation, CMHK shall not be liable or be responsible for any loss or damage incurred as a result of such change. The Users also accept and agree not to rely on any information, statement or contents that is made available to the Users as at the date of subscription (including but not limited to the availability of certain game channels), and such availability of information or representation upon the time of successful subscription does not mean that all or any part of the aforementioned contents shall be available throughout the whole subscription period. If any part of the information or contents is later being amended or unavailable, or any changes are made by CMHK during the subscription period, the Users shall notwithstanding continue to commit the minimum period of subscription (if any).

8. Without limiting the generality of the foregoing and to the maximum extent permitted by laws, the total aggregate liabilities of CMHK to the Users which may arise out of or in connection with the Service and/or this T&C shall in no event be more than the whole payment actually made by the Users to CMHK pursuant to the Service (if any).

E. Advertisements and Links

1. CMHK makes no representation nor warranty about and shall not be responsible for the accuracy, reliability or timeliness of any advertisements or the promotional information within in relation to third parties, nor do any links provided or embedded contents or materials procured or provisioned by the third parties such as the advertisements that might be accessed through the Service. Any transactions with any third parties via or occasioned the above means are solely between that User and such third parties. CMHK shall not be liable or responsible for any loss or damage whatsoever and howsoever incurred as a result of any such transactions from the above means.

2. Users hereby expressly agree that CMHK may use third-party companies to collect data and information in relation to the usage of Service or the Users’ account(s) (not including the Users' name, address, email address or telephone number) to track and understand the Users' behaviour for measuring performance of the advertising or promotions and to provide information that the Users might be interested.

F. CMHK rights and responsibilities
CMHK may with or without prior notice (for example in case of emergency) to Users:

1. deactivate or suspend the Service or any part thereof to carry out system maintenance, update/upgrading, testing and/or repairs;

2. limit or suspend Users' access to any of the Service if CMHK is of the opinion that such action is appropriate as a result of the Users' use of the Service;

3. CMHK may, upon discovery or reasonable suspicion of suspected or inchoate behavior, against fraudulent, deceptive, unlawful, improper or immoral use of the Service by the Users, suspend or refuse Users' access to any or all of the Service temporarily or permanently;

4. CMHK shall reserve the rights to terminate the Service or to hold the Users liable for any loss/damages incurred under the following situations:

4.1 breach or non-compliance of this T&C by the Users;

4.2 any misuse of the Service which results or occasions to the loss of CMHK or any third parties and/or any other legal consequences or liabilities;

5. The above mentioned rights of CMHK shall survive the termination of the use of the Service.

G. Intellectual Property Rights

1. The Service is derived from contents belonging to CMHK and/or third party providers. Those materials are protected by all relevant intellectual property laws (including but not limited to copyright, trade mark laws and others, in common law, equity, statute or otherwise). The respective owners shall retain the ownership of its intellectual property rights and shall not as a result of the provision or use of the Service by the Users will have any effect, either express, implied or otherwise, that the Users are assigned, transferred, granted or licenced any intellectual property rights therein;

2. The names, images, logos, trade names, trade marks appearing in the contents of the Service are the proprietary marks and intellectual property rights of CMHK or other third party providers respectively. Nothing contained in this T&C or the Service shall be con­strued as conferring any right or licence to use any name, trademark, logo or other designation of thereto, including any contrac­tion, abbreviation, or simulation of any of the foregoing, in advertising, publicity, marketing or any activities otherwise.

H. Interpretation and Amendment of T&C

1. To the greatest extent permitted by law, CMHK reserves the right to amend this T&C at any time with or without notice. CMHK may post the changes to this T&C on CMHK website or UGAME App. Users’ continued use or access to the Service conclusively demonstrate their unequivocal and irrevocable acceptance of these changes. All matters and disputes will be based on CMHK's system records as conclusive evidence and subject to CMHK's final discretion.

2. Users hereby agree that CMHK reserves the right to prohibit or refuse account registration or cancel any account which has material connection with the User who has violated this T&C or any respective terms and conditions.

I. Protection of personal data

1. Users understand and agree to comply with all the provisions as set out in CMHK’s 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.

2. Users acknowledge and agree that any personal data submitted is submitted voluntarily to CMHK or any respective parties.

2. Users expressly agree that CMHK may collect data and information related to their use of the Service or the Users’ accounts, including but not limited to the following:

a) Users' handset model, handset information, and information in relation to the software of the handset and any installed software etc.;

b) Contact number(s) and the mobile number(s) used to subscribe the Service or any pacakge(s) (if applicable);

c) Any information concerning Users’ mobile service activation, suspension, termination or reactivation (if applicable);

d) New mobile number(s) assigned and any of the aforementioned information in relation to the new mobile number in the event of any change of the mobile number (if applicable); and

e) Any information submitted or to be submitted by the Users for the purpose to subscribe and use the Service;

So that CMHK could provide various services, including but not limited to the software updates and other related services to the Users.

3. By accessing and/or using the Service and deemed entering into this T&C, the Users expressly agree and authorize that the personal data so collected may or will be used by CMHK in relation to CMHK's performance of the Service and/or obligations pursuant to this T&C, provision of any or all of the services otherwise, or for promoting and marketing (including direct marketing) such goods and services as CMHK from time to time deems fit and appropriate to Users or otherwise for a purpose related thereto. If the Users do not wish to receive any such promotional or marketing materials, Users shall inform CMHK by written notice or call CMHK's Customer Service Hotline to express their unequivocal intent.

4. The Users acknowledge and agree that the personal data collected may/will be disclosed only to CMHK's authorized employees, agents, business partners, contractors/sub-contractors (including but not limited to debt collection agent, financial institutions, external carriers, overseas mobile telecommunications operators, credit reference agent or occasionally marketing analysis entities) who is/are engaged, appointed or authorized for the purpose of performing tasks in relation to this T&C by them and/or by CMHK.

5. Users expressly acknowledge and agree that CMHK, in accordance with the Personal Data (Privacy) Ordinance, Cap 486 of Hong Kong and/or any other applicable laws, may disclose their personal data to the Government authorities, agencies or regulatory institutions and other government or non-governmental organizations as required or authorized by law.

6. Users are entitled to access to their personal data held by CMHK. If User wishes to obtain a copy of any of their personal data or they believe that any of their personal data which CMHK collects and maintains is inaccurate or requires amendment or update, please write to CMHK at the address below:

Data Privacy Officer

China Mobile Hong Kong Company Limited

L20, Tower 1, Kowloon Commerce Centre, No. 51, Kwai Cheong Road, Kwai Chung, New Territories, Hong Kong

In accordance with the Personal Data (Privacy) Ordinance, CMHK has the right to charge a reasonable fee for the processing of any data access request.

J. Applicable law
This T&C is governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") In case of any disputes, claims, controversies and differences arising out of or in connection with this T&C, Users hereby irrevocably and unconditionally agree to submit to the exclusive and personal jurisdiction of the Hong Kong courts and its rulings shall be legally binding on the Users.

K. Rights of third parties
Unless specified in this T&C, the Contract (Rights of Third Parties) Ordinance Cap 623, Hong Kong is not applicable to this T&C.

L. Miscellaneous

1. In case of any discrepancy between the Chinese and English version of this T&C, the English version shall always prevail. CMHK shall have the final decision to any dispute in all respects in relation to the Service and this T&C.

2. If at any time one or more provisions is or become(s) illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the remaining provisions shall not be affected in any way. And the legality, validity or enforceability of such provisions shall not be affected under the laws of other jurisdictions.

3. Any waiver of a breach of this T&C hereunder shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this T&C.

M. UGAME paid services
The below section in this T&C is only applicable to Users subscribing UGAME's designated paid service package (if any):

1. Users who successfully subscribes any designated paid service package can enjoy the corresponding paid games during the subscription period. Users can enjoy the corresponding game according to the specified terms and conditions, for example improved image quality, number of games available and other user rights according to the type of subscription package.

2. By subscribing and continuing to use the Service, Users expressly understand and agree to be bound by this T&C, this specific section of T&C, and also any relevant terms and conditions applicable to such paid services.

3. Service charges will be usually in form of one-off payment in advance. No refund, nor any compensation, nor exchange for other services can be made once the service fees are charged by CMHK and paid by the Users.

4. The Designated Service shall be paid via UGAME app, Mylink, CMHK E-shop or other designated third-party payment agents or conduits. If CMHK is not able to receive prompt payment from Users by the designated means of payment method Users have elected, CMHK reserves the right to suspend the Service until the respective full payment is received.

5. Mobile data usage incurred will be deducted from Mobile Data Plan/Package or be charged accordingly when downloading UGAME App or using the Service.

6. Users should check the compatibility of their device and OS before subscribing the Service.

7.Users expressly understand and agree that all in-app purchase made by Users for the purposes including but not limited to pay the subscription/membership fees, value added services and/or other services etc., are paid through a third party as payment agent. CMHK makes no representation, warranty nor authentication about, and CMHK does not endorse and could not control the accuracy, reliability, functionality or performance of any software, materials, applications, media platforms, devices or services of third parties (e.g. CMHK’s or UGAME App’s information about suppliers, advertisers, sponsors or promotional partners concerning the Service) that Users may access through, or are linked to or embedded in the Service. Users expressly agree that any use of such software, materials, applications, media platforms, devices or services will be at their own risks.

8. All designated paid games or services shall be played/used within the prescribed duration period (the “Duration Period”). Users shall enjoy such services and games within the prescribed Duration Period. Under no circumstances the Users are entitled to refund, replacement, substitution, compensation or otherwise requests on the ground that Users have not played/used that game or part of services within the Duration Period or under any reason not attributable to CMHK.

9. Users may refuse to adopt the Service or to apply for cancellation of the subscription/membership and its related services. However, no refund or compensation will be made by CMHK for any reason whatsoever, including but not limited to the refusal to accept the Service or to cancel their subscription/membership as stated above.

10. No refund, replacement, substitution, compensation or otherwise is available for whatsoever reasons, including without limitation, in respect of any time when the Service or any part thereof is disrupted, suspended or unavailable, either for maintenance or as a result of technical difficulties or any circumstance beyond CMHK’s reasonable control, or where the User is not able to access or use the Service or stream the content(s) therein for whatever reason.

 

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