Terms & Conditions
SUPREME is a telecommunications service brand operated by Hutchison Telephone Company Limited (License Number: 004). Through the internet (which includes through apps and software), we provide SUPREME services to the customer.
1. The Mobile Service Terms and Conditions
1.1 These Service Terms and Conditions for SUPREME Services are the general terms and conditions on which we supply SUPREME Services.
1.2 These Service Terms and Conditions constitute the standard terms and conditions of the agreement between us, which, along with any other terms that you agree to, are binding on you and us. These Service Terms and Conditions are available on our website at www.supreme.vip.
1.3 Your agreement with us is made up of these Service Terms and Conditions and other terms contained in the documents we produce (such as SUPREME Service Usage Policy and Fair Usage Policy) and any application or agreement forms you agree and confirm.
1.4 When we say:
a) "we", "us" or "our" we mean Hutchison Telephone Company Limited;
b) "you", "your", we mean you, our customer; and
c) "agreement" means your agreement with us for the supply of SUPREME Services.
1.5 We have also set out in Section 23 some useful definitions of words we use in these Service Terms and Conditions.
1.6 Your agreement with us commences when we Connect you.
1.7 Your agreement is personal to you. Unless we give you written consent, you remain responsible for complying with your agreement and you may not pass any of your rights or responsibilities to anyone else, even if you give them your Mobile phone, Other products or USIM.
1.8 Your agreement does not cover any other services while using SUPREME Services.
2. Variations to your agreement
2.1 Subject to Section 2.3, we reserve the right to vary, amend, modify or delete any of the terms and conditions of your agreement or add new terms and conditions to your agreement.
2.2 Subject to any License requirement or direction issued by the Communications Authority, we will send notice of any variation, amendment, modification, deletion or addition of any terms and conditions to you in accordance with Section 21.
2.3 We reserve the right to vary, delete, amend or add to the terms and conditions of your agreement from time to time. Subject to any License requirement or direction issued by the Communications Authority, we will send notice of any variation, amendment, modification, deletion or addition of any terms and conditions to you. If the variation, amendment, modification, deletion or addition will result in an increase in the Service Charges (if applicable) or have a substantial and adverse impact on the service enjoyed by a substantial number of customers, we will give not less than 30 days' prior notice in respect of any variation, amendment, modification, deletion or addition. In the event that the variation, amendment, modification, deletion or addition will result in an increase in an Other Charges (save for charges for roaming services), we will inform the affected customers of the variation, amendment, modification, deletion or addition in our website or such other means as we consider appropriate not less than 30 days prior to effecting such variation, amendment, modification, deletion or addition.
2.4 You may terminate your agreement by notice no more than 7 days prior to the variation, amendment, modification, deletion or addition coming into effect without incurring any charges of any kind in respect of that termination (other than incidental costs), in the event that:
a) there is any increase in the Service Charges (save for charges that are no longer applicable to you after you have subscribed to the service such as deposit amount, prepayment amount Include any waivable charges) (if applicable);
b) there is an increase in the Other Charges which is obliged to incur for the continued use of the service usage by you (save for charges for roaming services) which is more than HK$30 or 30% of the amount of the monthly Service Charges (if applicable), whichever is higher; or
c) If you can demonstrate that the change to the terms will result in a substantial and adverse impact to the service that you have acquired.
3. What we will provide to you
A USIM and Account
3.1 We will open an Account for you and provide you with a USIM and, a new mobile telephone number and other service numbers, if applicable.
3.2 The USIM remains our property and we may recall it at any time for upgrades, modifications and/or when your agreement ends.
3.3 You shall not tamper or allow any other person to tamper with your Mobile phone, Other Device and/or Accessory by unauthorized means and shall not copy or allow any other person to copy any pre-programmed data of any USIM.
3.4 Once you are Connected, we will provide you with access to SUPREME Services. SUPREME Services include the following services if you have requested them and we approve
a) Optional Services; and
b) Age Restricted Services, provided that you are 18 years of age or over.
3.5 You will also be able to upload and send your own content using the SUPREME Services. You grant us a royalty free, perpetual and world-wide license to store, transmit or otherwise deal with any content you upload on the SUPREME Services.
3.6 We may change or withdraw some, or part of, SUPREME Services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing Content Providers and the need to remove, replace or modify Content. In the case of value-added service (“VAS”), your service fee will not be affected by any such change, unless you wish to select a VAS which has a higher service fee.
Limitations to SUPREME Services
3.7 We will always try to make the SUPREME Services available to you. However, SUPREME Services are only available within the SUPREME Network coverage areas and limited SUPREME Services are available while Roaming. Within the SUPREME Network coverage areas, there may be places where access to SUPREME Services is limited or unavailable.
Limitations when Roaming
3.8 Roaming may occur when you are outside of the SUPREME Network coverage areas in Hong Kong, or at places within the SUPREME Network coverage area and reception is unavailable. When overseas, you may roam in countries where we have Roaming arrangements in place.
3.9 When roaming, you will not have access to all SUPREME Services.
Limitation of Liability when Roaming
3.10 If you use SUPREMEServices in a country or region other than Hong Kong, your use of the SUPREME Services may be subject to laws, customs and regulations which apply in that country. In this case, it is your responsibility to ensure that use of SUPREME Services will not violate any such laws, customs and/or regulations and, we shall not be liable for your failure to comply with those laws, customs and/or regulations.
Disruptions to SUPREME Services
3.11 We cannot guarantee fault-free service. There may be situations where SUPREME Services are not continuously available or information is not duly transmitted to, and received by, you or the quality is affected, for example:
a) when we need to perform any upgrading, maintenance or other work on the SUPREME Network or SUPREME Services;
b) calls and data sessions may not be maintained when you move from the SUPREME Network to the network of an Other Provider to facilitate local or international Roaming;
c) because of factors outside our control, such as the features or functionality of your Mobile phone or Other Device, regulatory requirements, lack of capacity, interruptions to services from Other Providers and Content Providers, faults in other communications networks, the weather or radio interference caused by hills, tunnels or other physical obstructions; or
d) where you are outside Hong Kong, or in areas not covered by the SUPREME Network in which case SUPREME Services relies on Other Provider networks which we have no control.
4. Your Obligation to use SUPREME service
4.1 You must pay us all Charges for SUPREME Services used on your Account, whether used by you or another person with or without your permission. Subject to Section 2 above, we may vary the rate of Charges and introduce new items of Charges at any time we think fit.
4.2. Once you have subscribed the service, you will receive a 7-day top-up payment prior to the expiry date. If we didn’t receive your top-up payment before the expiry date, your service will be suspended or ceased.
4.3 We reserve the right to introduce a fee for paying your account’s charge by using a credit card. If we introduce such a fee, we will provide you with sufficient notice of the fee and the date from which it will apply.
4.4 You shall, upon your subscription SUPREME Services, pay in advance in respect of the first month’s service charges for the provision of the Services and the first month’s charges for such Service Features selected by you and any other charges as we may require, each in such amount as we may in its sole and absolute discretion determine. Any sum so paid to us shall not bear interest for you. All advance payments made by you are non-refundable under whatever circumstances
4.5 You agree to pay charges in connection to SUPREME Services as prescribed in our tariff plan from time to time.
Secure your PIN, passwords and USIM
4.6 You must keep your USIM safe and secure and we may charge you for any replacement USIM. You acknowledge that your USIM is used to store your personal details such as your address book and any personal information. If your USIM is lost or stolen, it is possible that another person may obtain authorized access to that information.
4.7 You must keep all PINs and passwords safe and secure. You should immediately change any default PIN or password if they are being used by someone without your permission.
4.8 We will allow anyone who can quote your PIN or password to access your Account details and make any changes to your Account or SUPREME Services.
Responsible use of SUPREME Services
4.9 You may only use SUPREME Services:
• as stated in your agreement; and
• For your own personal use. This means you must not resell or commercially exploit any of the SUPREME Services, Content, Mobile phones or Other products.
4.10 You shall not acquire any right or interest in any Content and must not disseminate, forward or distribute any Content to any third party or reproduce any Content or use any Content for commercial, illegal or improper purpose. If you fail to comply with this obligation, you shall indemnify us for all losses and damages suffered by us as well as any third party claims against us arising from your breach.
4.11 You must not use SUPREME Services, or allow anyone else to use SUPREME Services, for illegal, improper, defamatory or unlawful uses. For example:
a) for fraudulent, criminal or other illegal activity;
b) in any way which breaches another person's rights, including copyright or other intellectual property rights;
c) to copy, store, modify, republish or redistribute SUPREME Services or Content (for example ringtones), except where we give you permission;
d) to download, send or upload content of an excessive size, quantity or frequency so that it causes problems for other users;
e) in any way which breaches any security or other safeguards or in any other way which harms or interferes with the SUPREME Network or the networks or systems of others;
f) to falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload;
g) to use your Mobile phone to record any telephone conversation without obtaining the consent of the other party/parties to the conversation that it is being recorded or publish a recorded conversation in any form;
h) to create, use, copy, download or provide any directory of SUPREME Services users or any other user or usage information to a person or organization, whether you are paid for this or not; and
i) to send any message which is obscene or offensive in nature or is in a language that is not widely understood in Hong Kong.
4.12 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of your SUPREME Services and Account.
4.13 You must comply with the laws, regulations and customs of Hong Kong and other applicable jurisdiction in relation to the use of SUPREME Services.
Responsible use of messaging and storage services
4.14 While using the messaging services, you must not send or upload:
(a) anything that is protected by copyright, unless you have permission of the copyright owner;
(b) in any way which breaches another person rights, including copyright or other intellectual property rights;
(c) anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.
4.15 You agree to comply with the procedures set out in the IOSMS Code when using the messaging services to send short messages of promotional or similar nature to any person (including companies, sole proprietorships, partnerships and other bodies corporate and whether such person subscribes to SUPREME Services or services provided by other service providers). In particular:
(a) you shall not use the messaging services for sending short messages of promotional or similar nature to any person without such person’s prior consent;
(b) you shall be responsible for procuring the consent required under Section 4.15 (a) and shall provide us with evidence of such consent upon demand by us;
(c) if you send any unsolicited promotional message contrary to Section 4.15 (a) or if we receive any complaint that such message originates from you, you agree that we are entitled to:
i. cease or refuse transmission or delivery of the relevant message upon us becoming aware of such message;
ii. request you to respond to any complaint received by us and you shall provide us with a written response within 3 days of the relevant request;
iii. suspend all short messages sent by you in accordance with the IOSMS Code;
iv. carry out such investigation as we in our discretion think fit;
v. where necessary, suspend the SUPREME Services provided to you, in whole or in part, as we may in our discretion think fit.
4.16 You are entitled to make a complaint against a sender of any unsolicited promotional short message. Complaints can be made orally, in writing, or by electronic means. Upon receipt of any complaint, we may:
a) collect and disclose to the relevant mobile network operator information on the relevant short message(s) including without limitation your mobile number, the date and time of receipt of the relevant message(s) and the contents of such message(s); and
b) block any short message from the sender of the relevant short message(s) in accordance with the IOSMS Code.
4.17 We may put limits on the use of certain SUPREME Services, such as messaging services or storage services. For example, we may limit the size of messages or storage space.
4.18 While we have no obligation to monitor your use of messaging services or storage services, if you exceed our use limits or we are made aware that your use of these SUPREME Services is causing problems to the SUPREME Network, our storage capacity or other users, then we reserve the right to suspend your use of those services.
Responsible use of Age Restricted Services
4.19 If you are under 18, you are not permitted to access our Age Restricted Services. If you are 18 or over and you access the Age Restricted Services, you must not show or send Content from the Age Restricted Services to anyone under 18. You must also ensure that you have deactivated any access to Age Restricted Services if you let anyone under 18 use your Mobile phone or Other products.
5. SUPREME Service Usage Policy and Fair Usage Policy
This policy sets out SUPREME's Service Usage Policy and the Fair Usage Policy. Nothing in this policy shall override or prejudice SUPREME's rights under its terms and conditions of service with the subscriber.
5.1 Service Usage Policy
This policy sets out what are considered as unauthorized, unreasonable or improper uses of SUPREME Services provided by us. This policy applies to all subscribers and users of such SUPREME Services. Failure to comply with any of the prohibitions under this policy may cause the relevant services subscribed to be suspended or terminated by us or SUPREME to take any steps it considers reasonably necessary or appropriate (including but without limitation to limit the throughput or amount of data transferred) forthwith without notice. Nothing in this policy overrides or prejudices our rights under the terms and conditions of service with the subscriber.
Prohibited Uses And Acts
The services must not be used:
(a) For or in connection with any illegal activities;
(b) To breach another person's rights, including copyright or other intellectual property rights;
(c) To distribute any tool that may compromise or breach any security features or harm or interfere with the normal operations of any network facility or service;
(d) To send or upload any content which is obscene, offensive, abusive, menacing, harassing or threatening in any way;
(e) For resale purposes unless specifically permitted under the terms and conditions of service with the subscriber;
(f) To send unsolicited commercial messages or contents.
A subscriber must not:
(a) Disclose any of his/her personal identification code which SUPREME uses to verify the subscriber's identity;
(b) Falsify any sender or user information or use any tools to mask the identity of the caller, originator or point of origin (whether in whole or in part) of a communication;
(c) Use any program or the transmission of any communication or data to interfere with the normal operations of any Services or SUPREME's network;
(d) Unlawfully intercept or interfere with any communication originating from or terminating on SUPREME's network that is intended for third parties;
(e) Use any tool to compromise or breach any security features or other safeguards implemented by SUPREME in respect of any services, network facility and/or content.
5.2 Fair Usage Policy
This policy sets out the guidelines for implementation of SUPREME's Fair Usage Policy for the provision of mobile services by SUPREME to ensure customers shall have a fair opportunity to access to and enjoy the local data network resources of SUPREME
(a) To ensure that all customers receive fair and equitable services at all times, a Fair Usage Policy may be in place in accordance with the business practices of the telecommunications service provider (the local in-country wireless network carrier or operator in the roaming region).
(b) Upon excessive usage, SUPREME (the related telecommunication service providers) may, at any time, cease, suspend or alter the network quality, where we shall not intervene. During peak periods (concurrent use of network resources by a large number of users), your mobile data experience may be intermittently affected, which shall be alleviated once the usage returns to normal.
(c) Depending on the services subscribed, additional data usage charges may apply according to the thereafter usage charges or data charge cap (if applicable) once a customer's data usage exceeds the usage entitlement under the relevant service plan. In any circumstances, SUPREME will not terminate or suspend the data service if the data usage of the customer concerned has exceeded the relevant Fair Usage Data Threshold.
(d) SUPREME will send usage alerts to a customer within a reasonable time after our system recorded that the aggregate local data usage of a customer in the relevant Billing Cycle reaches certain level of the Fair Usage Data Threshold. Usage alerts will be sent, including but not limited to, by way of SMS (free of charge), and/or by way of email to email addresses that valid according to the records of SUPREME.
(e) SUPREME cannot guarantee the actual data access speed (upload and download) experience by the customers which is subject to the influence of various factors which are outside our control including but not limited to the features or functionality of the mobile devices, transmission technology, network performance, websites servers speed, lack of capacity, interruptions to services from other providers and content providers, faults in other communications networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.
(f) SUPREME reserves the right to change their service models and policies (including Fair Usage Policy) without notice.
6.1 You are required to register with us when you use SUPREME services or place an order. By registering with us, you represent to us that you are 18 years of age or above with the capability to form a legally binding contract.
6.2 You agree to:
• Provide your true, accurate, up-to-date and complete information at the time of filling in the registration form.
• You are obligated to safeguard your username and password.
6.3 Only you and your authorized person are allowed to use your username and password to access the digital shops.
6.4 We shall have the full discretion to reject any new user application or terminate any registered user without any reasons.
7. Use of Customer Information:
7.1 We are hereby authorized, in relation to any information it has relating to the Customer or the authorized user under the Customer's account, to use and/or disclose such information for the purpose of us performing its obligation or enforcing its rights under this agreement or any other purpose reasonably incidental thereto or in contemplation thereof.
8. Terms and conditions of placing orders
8.1 Delivery service of SUPREME SIM is restricted to Hong Kong only. To be eligible, you must: provide valid and accurate personal and payment data, including, but not limited to your email address, delivery address, name, contact number, order details and other information required by our mobile application or website.
8.2 We are not liable for any loss or damages as a direct or indirect result of any of the following circumstances:
8.3 Your information has been seen or obtained by a third party through other channels when making an online payment due to your own default or negligence.
8.4 You fail to provide complete, true and accurate information when making online payment.
8.5 Other reasons related to the specified payment methods; or
8.6 Other reasons related to the devices or browsers used by you.
8.7 Basis of supply: we only sell and deliver products to our end customers. We are not selling our products for re-selling purposes. We reserve our rights to decline or cancel your order if we have reasonable grounds to believe that you are not purchasing our products for personal use.
8.8 Once your order has been accepted, we will confirm you accordingly and advise you the date and time of collection at the designated EF-Locker.
9. Authorization for Credit Card Direct Debit and Payment
9.1 You hereby authorize us to charge your credit card account ("Card Account") for all service charges in connection with our services, which should not exceed the relevant amounts.
9.2 Credit Card means Visa, Master and China UnionPay. We only accept payments from Credit Cards, Alipay and Alipay HK. When you place an order, you authorize us to debit your specified credit card with the amount based on the price of the merchandise at the time when we accepted your order. Title to the merchandise shall not pass to you before we receive payment. Only Visa and Master cards issued in Hong Kong are acceptable for autopay.
9.3 This authorization shall become effective on the date when we and you reach the agreement for SUPREME Services, or when you change the payment method. The credit card must be valid for four (4) months or above.
9.4 You agrees that your card issuing bank (the "Bank") shall debit the relevant amounts from his Card Account statement, and the Bank shall not be obliged to ascertain whether or not notice of any such debit has been given to you.
9.5 If there is insufficient credit available in your Card Account to meet the debit, the Bank shall nonetheless be entitled, in its discretion, to effect such debit.
9.6 You accept full responsibility for any consequences of the existing limit applicable to your Card Account being exceeded.
9.7 In order to provide secure and reliable online shopping service, we employ secure socket layer technology Internet’s Transport Layer Security (TLS 1.2) for transactions in the digital shops. All of your personal information including your credit card number, name, address, etc. will be encrypted before transmission over the internet, thereby preventing any unauthorized third party from reading your information during online transmission
10. Terms and conditions for replacement
10.1 In case of any damage or mal-function of SUPREME SIM upon collection and if you would like to request for replacement, you must contact our Customer Service Representatives within 3 days counting from the date of your collection of the SUPREME SIM. We do not accept any delayed or expired requests and in this respect we reserve the right to make final decision.
10.2 Your replacement request must be sent to our Customer Service Representative via SUPREME Personal Executive. With your provision of the relevant information and photographs as proof, our representative will contact you for further follow up arrangements after verification.
11. Delivery Terms
11.1 All delivery dates/ expected delivery time indicated by us are estimates only. Due to Hong Kong Post’s special arrangement for postal service, SUPREME SIM delivery time may be delayed. (The delivery time during special festival or peak season such as Singles’ Day and Christmas etc, may be affected. Please refer to relevant special notice.) As such, we shall not be liable for the consequences of any delay whatsoever.
11.2 Hongkong Post is our designated delivery service provider of SUPREME SIM. No tracking number is available to track the shipment. The Customer shall bear all risk of delay or loss in transit. By using of SUPREME Service and the order of SUPREME SIM, you shall be bound by the standard service terms of Hongkong Post. For further information, please visit: https://www.hongkongpost.hk/en/sending_mail/local/ordinary/index.html
11.3 We shall not be liable if the delivery of the SUPREME SIM is delayed or unsuccessful, for the following reasons:
a. You provide incorrect information (for instance, wrongful postal address or contact information);
b. Fault due to a third party courier; or
c. Other circumstances that are beyond our reasonable control.
11.4 We reserve the right to revise any delivery service terms and conditions from time to time (including but not limited to the scope of delivery and delivery fee) without prior notice.
11.5 We will not accept any changes to the delivery method once the order has been confirmed.
11.6 All risk and title in and to the SUPREME SIM shall be transferred to you upon delivery of the SUPREME SIM to Hongkong Post, regardless of whether you are the designated recipient of the delivery. Notwithstanding the foregoing, all intellectual property rights in the SUPREME SIM, as well as all title and rights to those software type products and services shall vest in the relevant owners and licensors.
11.7 Upon delivery of the SUPREME SIM to Hongkong Post, the SUPREME SIM shall be deemed to have been delivered to you or have been received by you.
12. Website and Mobile App
12.1 We shall have the right to alter, suspend or terminate the Website (refer towww.supreme.vip) or Mobile App's (APP) services and content with 30 day’s prior notice to the Customer for reasons including but not limited to maintenance, repairs, upgrade and improvement works.
12.2 We shall have the right to limit, suspend or terminate your access to the Website or APP without prior notice to the Customer.
12.4 We shall not be liable to any loss or damage incurred by you as a result of the Website or APP's link to third-party software.
12.5 Persons who steal information through illegal or unauthorized entry to the Website or APP, or damage or disrupt any networks, systems, contents or services causing loss and damage to customers, shall be held criminally liable. We reserves the right to claim reasonable compensation.
12.6 After SUPREME Services are terminated, we will terminate your access to the Website or APP within a reasonable time.
13. Loss, Theft, etc.
13.1 If your USIM or Mobile phone is lost, stolen or damaged, or you have sold or given away your Mobile phone, you will remain responsible for all Charges for SUPREME Services on your Account until such time as you ask us to Suspend the USIM or your agreement is ended in accordance with these Service Terms and Conditions. Also, you must report any loss or theft of your USIM or Mobile phone immediately upon you becoming aware of such loss or theft.
13.2 Subject to the payment of such Charges as we shall in our discretion determine, we will in our discretion provide you with a replacement USIM as soon as reasonably practicable if the USIM is lost, stolen or damaged.
14.2 You acknowledge that when you are Roaming in another country, the treatment of your personal information may be subject to laws, customs and regulations that apply in that other country.
15. Our Intellectual Property Rights
15.1 All rights, including copyright, in SUPREME Services, APP and Content belong to us or our licensed sources, such as a Content Provider.
15.2 The trade mark and other related images, logos and names on SUPREME Services are proprietary marks of our group of companies.
16. Allocation and Porting of Numbers
16.1 Subject to any contrary direction issued by the Communications Authority or any contrary term of the relevant License, you will not acquire any right in any number issued or assigned to you under your agreement including without limitation station A-call or private page telephone number or mobile number and we may modify, withdraw, change or reallocate any such number. Except for any modification, withdrawal, change or reallocation resulting from or in connection with the termination or suspension of the SUPREME Services, we will endeavour to notify you in such manner as may be reasonable and practicable in the circumstances prior to such modification, withdrawal, change or reallocation.
16.2 If you request for the porting of mobile number from SUPREME Network, you agree that upon the successful porting of any mobile number from SUPREME Network, all mobile phone services and any related value added and roaming services (whether in the form of automatic or manual roaming or provided through a separate USIM) shall be terminated immediately and any sum paid in relation to any USIM (whether for roaming or other services) shall not be refundable in full or on a pro-rata basis
17. Suspension of SUPREME Services
17.1 We may, at our discretion, Suspend your Account or any or all SUPREME Services without notice if:
a) you have not complied with any of the terms of your agreement;
b) we reasonably believe you have provided us with false or misleading details about yourself;
c) we believe that your USIM has been lost or stolen;
d) we receive a serious complaint against you which we believe to be genuine;
e) we are required to suspend your SUPREME Services by the emergency services or other government authorities;
f) we consider it necessary to safeguard the standard of SUPREME Services or the integrity of the SUPREME Network;
g) the SUPREME Network or any relevant equipment fails or requires modification or maintenance;
h) in our reasonable opinion, there is or has been unauthorized, unlawful, fraudulent or unreasonable use or usage of SUPREME Services or the use of SUPREME Services or any relevant equipment by you is causing or may potentially cause damage or interference to the SUPREME Network and/or such equipment;
i) we are entitled to end this agreement.
All your Accounts and SUPREME Services will be Suspended
17.2 If we suspend your Account or SUPREME Services as permitted by us under this Section 17, all of your Accounts and SUPREME Services will be Suspended.
18. Ending this agreement and Disconnection
18.1 We may end this agreement in the following ways:
a) On 30 days’ notice
b) Because of your conduct
In the following cases, we may end your agreement immediately:
a) you do not comply with our reasonable requirement in relation to the use of SUPREMEServices or your obligations under your agreement, including (without limitation) your obligation to pay the Charges on time;
b) we have Suspended your SUPREME Services as permitted in Section 17 and we believe that your breach is serious or it has not been rectified;
c) you enter into bankruptcy, liquidation, administration, receivership, or are deemed to be insolvent or we otherwise reasonably believe that you will be unable to pay the Charges as they fall due;
d) we reasonably believe that your communications with Customer Care or any of our authorized dealers or sales agents, or your use of SUPREME Services, are jeopardising our operations, the SUPREME Network or are of an unacceptable nature; or
e) any information provided by you under or pursuant to this agreement is found to be false or inaccurate or we have reasonable ground to believe that such information is false or inaccurate.
f) No network access or SUPREME Services
If we no longer have access to networks of Other Providers that we need to provide SUPREME Services, or if we are no longer able to provide SUPREME Services or we cease business.
18.2 If we end your agreement for any of the reasons in Section 18.1, all of your Accounts with us will terminate.
19. Effect of this agreement ending
19.1 When your agreement ends, we will close your Account and Disconnect SUPREME Services and you will not be able to use the SUPREME Services. Upon Disconnection of SUPREME Services, any prepaid Charges will be forfeited.
19.2 Termination of your agreement will not affect any existing right or liability that you or us may have prior to such termination.
19.3 Upon your request, we may but is not obliged to re-Connect any SUPREME Services which have been disconnected or terminated.
Limits on our liability
20.1 All of our obligations to you relating to SUPREME Services are set out in your agreement and, except as otherwise set out in this Section 20:
a) all other terms, conditions and warranties relating to SUPREME Services are excluded;
b) we will have no liability to you for anything that we or anyone who works for us does or does not do; and
c) we, our employees and our Content Providers are not liable to you in any way, whether direct or indirect, consequential or contingent and whether foreseeable or not, for any loss, damage, claims or costs of any kind including but not limited to any loss of income, business or profits or loss or corruption of personal information or data, goodwill, failure to deliver any call, data or message, sustained and arising out of or in connection with use of SUPREME Services, any Mobile phone, Other products or Accessory.
d) we, our employees, agents or sub-contractors shall not be liable to you or any third party, whether in contract, tort or otherwise for any loss or damage incurred by you or any third party:
(i) resulting from or in connection with any failure, delay, interruption, omission or mistake in the SUPREME Services or the performance of your agreement, whether or not such failure, delay, interruption, omission or mistake is caused by our acts or omissions or negligence or those of our employees, agents or sub-contractors;
(ii) resulting from or in connection with any failure or delay in the performance of your agreement or the SUPREME Services due to factors outside our reasonable control including, without limitation, acts of God, spread of epidemic, lightning, fire, earthquake, storm, flood or other natural calamities, the threat of imminent war, riots or other acts of civil disobedience, industrial disputes, power failure, failure of telephone lines, failure or breakdown of plant or machinery or government restraint, prohibition or expropriation.
20.2 If legislation implies warranties or conditions which cannot be excluded, restricted or modified, to the extent that we are entitled, our liability will be limited at our option to:
a) in the case of a supply of goods, the replacement of the goods or supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods, the payment of the cost of having the goods repaired or the repair of the goods; and
b) in the case of services, the supply of the services again or the payment of the cost of having the services performed again.
SUPREME Services areas where we have no responsibility
20.3 Any claim by you against us arising out of your agreement must be notified in writing to us within one year of the incident giving rise to such claim, failing which you will be deemed to have waived your right in respect of such claim.
20.4 Without prejudice to the aforesaid,
a) we disclaim all responsibility or liability to you or to any person for any cost, expense, loss, damage or compensation arising out of or in connection with any incompleteness, inaccuracy, error, omission, misstatement, delay or failure of transmission, communication or storage of any message or data, the divulging, mixing or destruction of any message;
b) no condition, warranty, responsibility and liability in relation to the provision of SUPREMEServices or any Mobile phone or other products (including without limitation fitness for any purpose, standard of quality or performance of any Mobile phone, other products and SUPREME Network) shall be deemed to be given by us; and
c) we shall not be liable for any dent, scratch or other damage of aesthetic nature to or any loss of data from any Mobile phone or other products delivered or returned to us for maintenance and repair services.
20.5 In providing you with access to any SUPREME Services or Content, we are not providing you with any advice of any nature, including, without limitation, investment advice. In respect of any SUPREME Services or Content containing investment information, we are not communicating invitations or inducements to enter into investment agreements.
Other content and services areas where we have no responsibility
20.6 You may be able to use SUPREME Services:
a) to upload, email or transmit Content; and
b) to access Content which is not edited by us and to acquire goods and services that we do not prepare, select, modify or exercise any control over.
Where we provide you with access to Content that is not supplied by us, all we do is to transmit the Content to you and we are not responsible or liable in any way for, and do not endorse, any of this Content, goods or services.
20.7 This Section 20 will apply even after this agreement has ended.
21.1 We will consider you have received information from us if it is included on our website or if it is directly communicated to you by phone, message, email or mail using your most recent contact details given to us.
22. Other terms
22.1 Unless otherwise agreed, your agreement is the complete and exclusive statement of the agreement between you and us in relation to SUPREME Services. Your agreement supersedes all understandings or prior agreements, whether oral or written, and all representations or other communications between you and us in relation to SUPREME Services.
22.2 If you, or we, delay, or do not take action, to enforce our respective rights under this agreement, this does not stop you or us from taking action later (Subject to Section 20.3).
22.3 You agree to indemnify us for all losses, damages or expenses incurred by us in connection with the enforcement of your agreement against you.
22.4 If any of the terms in this agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any term that is not legally effective with a similar term that is.
22.5 We may assign or transfer our rights and obligations under your agreement to a party who agrees to continue complying with our obligations under this agreement. You may not assign or transfer your rights and obligations under your agreement, whether wholly or partially, unless with our prior written consent.
22.6 No failure or delay on our part to exercise any right, power or remedy under this agreement nor any single or partial exercise by us of any such right, power or remedy shall operate as a waiver. The rights, powers and remedies provided in this agreement are cumulative and are not exclusive of any rights, powers or remedies by law.
22.7 Any waiver, concession or extra time we may allow you is limited to the specific circumstances under which it is allowed and shall not affect our rights under this agreement in any other way.
22.8 The general service terms are subject to the special service terms (if any) and if there is any inconsistency between them, the special service terms shall prevail to the extent of the inconsistency.
22.9 This agreement is governed by the laws of Hong Kong and you submit to the non-exclusive jurisdiction of Hong Kong Courts.
22.10 This agreement is available in both English and Chinese and both language versions shall have the same effect.
Accessory: any battery, battery charger, stylus, Mobile phone case, car kit, portable hands free, USIM, consumable item (items which are regularly replaced) or any other item that may be used with a Mobile phone or Other products.
Account: all records about you, including your personal account information, your use of SUPREME Services, your Charges and payments.
Age Restricted Services: any SUPREME Services for use only by customers 18 years of age or older.
Application: any oral, written or on-line-application or any other means of application or notification as permitted by us and made by you for the provision of SUPREME Services and other products.
Charges: both Service Charges and Other Charges or such other fees which may be announced or published by us for provision of any of the SUPREME Services from time to time.
Connect: the procedure by which we give you access to SUPREME Services. Connection, Connected, Connecting, re-Connect and re-Connection have corresponding meanings.
Content: any data, information, images, graphics, video/audio content, applications, downloadable files or other multimedia content that can be accessed using SUPREME Services.
Content Provider: a person, other than us, who supplies Content.
Service Charges: all fees or charges except Other Charges payable by you for the SUPREME Services expressly subscribed pursuant to your agreement.
Customer Care: our service team who are available to help you with your queries. They can be contacted by email firstname.lastname@example.org.
Disconnection: the procedure by which we stop your access to SUPREME Services. Disconnect, Disconnected and Disconnecting have corresponding meanings.
Hong Kong: the Hong Kong Special Administrative Region of the People’s Republic of China.
IOSMS Code: the Code of Practice for Inter-Operator Short Message Service dated 3rd December, 2001, as from time to time amended and supplemented by the signatories thereto.
License: License(s) issued by the Communications Authority to us for provision of the SUPREME Services.
Messaging Services: any SUPREME Services enabling you to access, send and receive messages including but not limited to mail, fax, text, data, picture or video messages.
SUPREME Network: the mobile telecommunications network and other systems owned or operated by Hutchison Telephone Company Limited, by which we make SUPREME Services available to you.
SUPREME Services: the services offered by us including but not limited to Content, messaging services, storage services, Age Restricted Services and Optional Services that we have agreed to provide to you in accordance with your agreement.
Mobile phone: a mobile phone approved by us for use on SUPREME Network and which may be used to access SUPREME Services.
Optional Services: any SUPREME Services that are only available if requested by you and approved by us.
Other Charges: the charges and usage based charges payable by you for the services not specifically covered by your agreement.
Other Products: any equipment (for example dongle, computer or organizer), or products that is approved for use on the SUPREME Network and that may be used to access SUPREME Services, but does not include a Mobile phone.
Other Provider: a mobile telecommunications network operator or other network provider, other than us, whose network we use to make SUPREME Services available to you.
PIN: any personal identification number that we give you or you nominate to use as an identifier to access SUPREME Services or access or makes changes to your Account.
Roaming: when you are outside of the SUPREME Network coverage areas, or coverage is not available, and you access some or all of the SUPREME Services using the mobile network of an Other Provider. Roaming includes Local Roaming when you are in Hong Kong and you Roam on the mobile network of an Other Provider and International roaming when you are overseas and you Roam on the mobile network of an Other Provider. Roam has a corresponding meaning.
Site: SUPREME website (www.supreme.vip) and the related sites that it is its linked (if applicable).
Storage Services: any SUPREME Services which offer you storage capacity on the SUPREME Network for storage of Content which you access using SUPREME Services.
Suspension: the procedure by which we temporarily Disconnect your access to SUPREME Services. Suspend has a corresponding meaning.
USIM: a card provided by us that when used in conjunction with a Mobile phone or Other products enables you to access SUPREME Services.
SUPREME reserves the rights to revise other terms and conditions of its service at any time without notice, and such revisions shall become effective upon posting on SUPREME's website (www.supreme.vip).