- GENERAL TERMS AND CONDITIONS
- Please read these Terms and Conditions carefully as they apply to your use of the PPS service provided through, via or over (i) the www.ppshk.com website or on any third party's website through hyperlink connection or URL re-direction to the domain/web server of PPS; (ii) a tone phone; (iii) PCCW New Generation Residential Fixed Line Service(s); and/or (iv) any other device, media, site or platform on which these Terms and Conditions are posted or referred to (individually referred to as "Site" or collectively referred to as "Sites") (individually referred to as "Service" or collectively referred to as "Services") jointly operated by PCCW-HKT Telephone Limited and EPS Company (Hong Kong) Limited ("we, us or our").
- You must read these Terms and Conditions carefully and the accompanying Copyright Notice and Legal Disclaimer posted on the website www.ppshk.com before using the Site. By using the Sites and the Services you acknowledge, accept and agree to be bound by these Terms and Conditions, the Copyright Notice and the Legal Disclaimer. We may revise these Terms and Conditions, Copyright Notice and the Legal Disclaimer from time to time without notice to you. The revised terms will take immediate effect when they are posted on the website www.ppshk.com.
- You acknowledge and agree that your use of the Bank account to which the PPS Account is attached and/or the ATM Card used to register for the Service(s) may also be bound by terms and conditions issued by the Bank.
- You acknowledge and agree that it is your duty to keep your PPS Account Number, PPS Account Name, PPS Phone Password, PPS Internet Password, PPS One-Time Password(s) and any other account names, user names and/or passwords which we may provide to you or set up by you from time to time, and the PIN of your ATM Card confidential and in a safe place and agree not to disclose them to any person not authorised by you. We will not be responsible for any loss suffered by you or any person as a result of your losing of any of such accounts codes, names, passwords and numbers or your failure to take reasonable steps to prevent disclosure of such account codes, names, passwords and numbers to any person not authorized by you to use such account codes, names, passwords and numbers.
- You acknowledge and agree the daily withdrawal cycle limit of PPS shall be different from other applications of your ATM Card. For any query, please contact your card issuing bank.
- We have the right to determine and vary from time to time the scope and type of the Services including, without limitation: -
- expanding, modifying or reducing the Services at any time;
- imposing and varying any restrictions on the use of the Services such as minimum and maximum daily limits with respect to the value of any transaction or dealing or any type of transactions or dealings which you may conduct by using the Services; and
- prescribing and changing the normal service hours during which the Service is available and any daily cut-off time for the Service or Transactions. Any instruction from you received by us after any applicable daily cut-off time shall be deemed to be received on the next business day. We may specify business day and daily cut-off time by reference to the time of various markets operating in different time-zones.
- SITES
You acknowledge that we may, in our sole discretion and with or without notice:
- vary the Sites or any part of the Sites; and
- modify or discontinue this Site, other sites or any part of the Site(s) and the services available on it without notice.
- PPS PASSWORDS
For all Transactions on the applicable Sites, your use of the PPS Phone Password, PPS Internet Password and/or PPS One-Time Password is your authority to us to carry out the relevant Transactions using your PPS Account and to instruct your Bank to debit your nominated Bank account. You acknowledge that we shall have no further obligation to verify authenticity of any instruction received from you or purporting to have been sent by you via the Service and the Site other than to verify that the PPS Phone Password, PPS Internet Password and/or PPS One-Time Password (as the case may be) is registered against a PPS Account.
- PPS TRANSACTIONS
- The Services will issue a Payment Reference Number and a Scheduled Payment Reference Number for every successful Bill Payment Transaction and Scheduled Bill Payment Transaction respectively.
- You acknowledge and agree that the Sites, your telephone, computer or any device used to access the Sites may fail or disconnect, or the Services may be delayed, suspended or interrupted, because of your decision to go to another site on the Internet outside the Site or if there is power failure or instability on the Internet, or any other situation beyond our reasonable control and, for whatever reason a Payment Reference Number is not presented to you on the Site within a reasonable period of time of the Bill Payment Transaction, you are obliged to check as soon as practicable your payment history on the Site, contact us or the payee of your Bill Payment Transaction to determine whether or not the Bill Payment Transaction was successfully processed by PPS.
- We shall not be responsible or liable to you in any way for any double payment made by you of any particular Bill Payment Transaction or Scheduled Bill Payment Transaction.
- You acknowledge and accept that we will regard every Transaction effected on the Site using any of your PPS Account Number, PPS Account Name, PPS Phone Password, PPS Internet Password, and/or PPS One-time Password as authorised by you and every amount, figure, number, letter or other digit keyed into the Site for processing of a Transaction as correct. We are not responsible for any input of mistaken information made or authorised by you, or any other person, whether or not authorised by you.
- Your instruction to process a Bill Payment Transaction shall be deemed to be an absolute and irrevocable authorisation by you for the PPS system to debit your Bank account by means of your PPS Account and pay the amount as entered into the Site to the relevant merchant.
- For applicable Sites only, advice or confirmation that an instruction has been received for a Scheduled Bill Payment Transaction and/or a Scheduled Bill Payment Transaction has been effected through the Services will be provided by us by e-mail provided that an email address has been registered. Such advice or confirmation shall be deemed to have been received by you immediately after transmission and it is your duty to check such advice or confirmation. It is also your duty to enquire with us if an advice or confirmation is not received within the time usually required for a similar advice or confirmation to be received. If provision of email address is not available in a Site, it is your duty to check from such Site if the Scheduled Bill Payment Transaction has been set up, and/or effected successfully at the scheduled date and as advised during the transaction flow.
- LIMITATION OF LIABILITY
- To the extent permitted by law our aggregate liability to you, whether for breach of these Terms and Conditions or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these Terms and Conditions, the Services, the Sites or the Content, is limited to 100 Hong Kong dollars.
- To the extent permitted by law no party involved in creating, producing, or delivering the Services, the Sites or any Content will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site, the Services and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
- If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph 5(a) or 5(b) above but allows a limitation of a certain maximum extent then our liability is limited to that extent.
- USE OF THE SITE AND SITE CONTENT
- You acknowledge that the Content on the Sites, is subject to copyright and possibly other intellectual property rights ("Intellectual Property Rights").
- Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to:
- sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or
- use any Content on any other web site or in a networked computer environment for any purpose; or
- reverse engineer any Content consisting of downloadable software;
- otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content; or
- hack into, break into, access or use or attempt to hack into, break into, access or use any part of the Services, the Sites, the Content and/or any data areas on our server(s) or those of any third parties for which you have not been authorized by us or such third party.
- Nothing you do on or in relation to the Sites will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
- You must not use or permit the use of the Services or the Sites, in whole or in part for any purpose, whether legal or illegal, other than as specifically intended to carry out Transactions and enquiries relating to the Services, and specifically you must not:
- disrupt or interfere with the Sites, or servers or other software, hardware or equipment connected to or via the Sites;
- violate any Applicable Law relating to your use of the Sites; or
- collect or store personal data about other users of the Sites.
- FEES
We reserve the right at any time to:
- charge fees; and
- to vary or amend the terms and conditions which cover such fees, for access to or use of all or some parts of the Sites or the Services.
- LINKS AND ADVERTISEMENTS
- We have not reviewed all of the web sites linked to the applicable Sites and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the applicable Sites (including without limitation sites linked through advertisements or through any search engines).
- Some links which appear on the applicable Sites are automatically generated. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
- Your correspondence or dealings with, or participation in promotions of, advertisers on the Sites are solely between you and such advertisers.
- We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Sites.
- PERSONAL DATA AND COOKIES
- In using the Sites you may give us "personal data" as defined in the Personal Data Privacy Ordinance ("PDPO"). You have certain rights in this personal data. By using the Sites you grant us the consent to use your personal data in accordance with our Privacy Policy and our Personal Information Collection Statement posted on this Site.
- During your use of the applicable Sites, we may issue to and request from your computer blocks of data known as "cookies". You must not alter any cookies sent to your computer from the applicable Sites and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the applicable Sites.
- NOTICES
We will give you any necessary notices by posting them on the applicable Sites, or via email (provided that a valid email address has been provided to us) or any other means as nominated by us. You agree:
- to check the Site for notices; and
- that you will be considered to have received a notice when it is made available to you by posting on and/or announced via the Site or any other means as nominated by us.
- OTHER PROVISIONS
- These Terms and Conditions will be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong S.A.R."). You irrevocably submit to the exclusive jurisdiction of the courts of the Hong Kong S.A.R.
- We shall not be liable for any act or failure to fulfill our obligations in relation to the use of the Sites or the provision of the Services if the act, omission or failure arises from any cause reasonably beyond our control, including without limitation, acts of God, strikes, riots, acts of war, terrorism, civil or political unrest, epidemics, earthquakes, floods, fire, typhoon, government action, communication line failures or data transmission failures, power failures, computer or processing system failures or any failure on your part to provide correct information or comply with any provisions of these Terms and Conditions.
- You agree to defend, indemnify us and hold harmless us, our officers, directors, employees and agents, from any loss incurred or damage suffered by us, our customers or a third party or from and against any claims, demands or actions including without limitation reasonable legal and accounting fees which may be bought against us by a customer or third party, which is in any way the result or alleged to be the result of your use of any of the Services, or your failure to take reasonable steps to prevent unauthorised use of your PPS Account through any of the Services, or a breach by you of the terms and conditions of use of your account maintained with a Bank.
- We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations under these Terms and Conditions to any person or entity at anytime.
- If any term or condition herein becomes or is declared illegal, invalid, or unenforceable for any reason, such term or condition shall be divisible and shall be deemed to be deleted.
- Should there be any discrepancy between the English and Chinese versions (if any) of these Terms and Conditions, the English version shall prevail.
- DEFINITIONS
- Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
- any law, rule or regulation of any country (or political sub-division of a country);
- any obligation under any licence in any country (or political sub-division of a country); and
- any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
- ATM Card means a card issued by your Bank which enables you to effect banking transactions by electronic means whether at automated teller machines, point of sale terminals or other electronic devices (including the Services), or otherwise.
- Bank, in relation to a PPS Account, means the Bank in which you hold the bank account to which the PPS Account is attached.
- Bill Payment Transaction means a transaction for the payment of a bill which you request to be processed through any of the Services.
- Content includes things that you may see, read, hear, download or access on or via the Site(s) (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
- Payment Reference Number means the reference number presented to you on the Site when a successful Bill Payment Transaction has been processed by the Service.
- PCCW New Generation Residential Fixed Line Service(s) means the multi-media device(s) and/or telephone service(s) with enriched applications provided by PCCW-HKT Telephone Limited to its customers from time to time, including without limitation, the "Fixed Line SMS Phone" and "PCCW eye Fixed Line Service".
- PPS means a payment service which facilitates the settlement of bills which can be accessed via any of the Sites.
- PPS Account means an account in the PPS system registered by you at a PPS Registration Terminal by means of your ATM Card that stores your PPS payment information including the bank account selected by you from which PPS payments will be debited.
- PPS Account Number means the unique system account number generated by a PPS Registration Terminal and allocated to your PPS Account which is used to access the applicable Sites.
- PPS Account Name means the unique system account name selected by you and approved by us to access the applicable Sites and/or identify your PPS Account.
- PPS Internet Password means the personal password selected by you and set up for your PPS Account for making Transactions via the www.ppshk.com website or on any third party's website through hyper-link connection or URL re-direction to the domain/web server of PPS, the PCCW eye Fixed Line Service, or any other applicable Sites.
- PPS One-Time Password means the 6 or more digit password automatically generated by our system to any device that can receive short message service (SMS) for your PPS Account for making selected Transactions which require 2-factor authentication.
- PPS Phone Password means the personal password selected by you when you opened your PPS Account at a PPS Registration Terminal. The PPS Phone Password serves as your registration to the Services and is to be used for making Transactions over the applicable Sites. You must set up a PPS Phone Password before you choose a PPS Internet Password.
- PPS Registration Terminal means electronic terminals or other devices which allow you to register for the Services and manage a PPS Account using the ATM card or a credit card with ATM function.
- Scheduled Bill Payment Transaction means a transaction to schedule the payment of a bill once or recurrently, which you request to be processed through the Site.
- Scheduled Payment Reference Number means the reference number presented to you on the Site when a successful Scheduled Bill Payment Transaction has been processed through the Service.
- Transaction means any transaction which you request to be processed through the Site(s) and which shall include but is not limited to the following:
- Add / Register bill;
- Bill Payment Transaction;
- Scheduled Bill Payment Transaction;
- Fund transfer from your Bank account to other accounts;
- Checking your payment history;
- Delete bill; and
- Setting and changing PPS Account settings.
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