The following terms and conditions together with the Companhia de Telecomunicações de Macau S.A.R.L. (CTM) CTM Internet Service terms and conditions shall, upon CTM's acceptance of the Customer's application, constitute the agreement (the "Agreement") for the provision of the CTM Wi-Fi by CTM to the Customer:
1. CTM Wi-Fi
1.1. Companhia de Telecomunicações de Macau S.A.R.L. hereinafter referred to as “CTM” shall undertake to provide the CTM Wi-Fi (the "Service"), which consists of accessing and effecting communications between Internet Customers in accordance with this Agreement.1
1.2. The Service herein provided refers to the CTM Wi-Fi provided under the Broadband network supplied by CTM.
1.3. The Service herein provided refers to the CTM Wi-Fi provided under the Broadband network supplied by CTM.
1.4. The Service provided under the Agreement is subject to CTM's prevailing rate of charges from time to time and CTM reserves the right to vary the rate of charges and post the relevant changes to the CTM homepage (the "Homepage"). Any changes shall take effect immediately from the date such changes are posted.
1.5. The Service is only allowed to be used for data transmission and is not allowed to use for the transmission of two-way voice communications.
1.6. The Service shall not be used for rendering services, which belong to CTM’s exclusive rights under its Concession Agreement without the prior approval of Gabinete para o Desenvolvimento das Telecomunicações de Tecnologias de Informacao (GDTTI).
1.7. CTM may:
1.7.1. deactivate the Service at any time without notice in order to carry out system maintenance, upgrading, testing and/or repairs;
1.7.2. expand, reduce and/or modify any of the Service or any Content (being any still picture or other series of moving images, whether animated or otherwise, music video, music, data, information and/or other material, goods or services that may be accessed through the Service).
1.8. CTM shall undertake to provide a normal and proper operation of the Service. However CTM shall not bear any responsibility for losses or damages of any kind caused by breakdowns or malfunctioning of equipment provided by CTM.
1.9. CTM may amend the terms and conditions of the Agreement, and/or amend any operating rules which govern the Customers’ use of the Service by posting the details of such amendments on the Homepage, such amendments to take effect immediately upon such posting being made.
2. Customer Responsibility
2.1. Customer is liable to pay for all the relevant charges for the use of the Service.
2.2. CTM shall under no circumstances request Customer to reveal his/her password(s). If the information is CTM shall under no circumstances request Customer to reveal his/her password(s). If the information is disclosed due to the any act or omission of the Customer that subsequently leads to any third party using Customer's User ID(s) and password(s) to access the Service, Customer is committed to bear all the risk and responsibility.
2.3. The Service shall not be used for communications that:
2.3.1. are intended to disturb other Internet users;
2.3.2. encourage violence or are intended to alter peace and public safety;
2.3.3. are intended to organize crimes and offences;
2.3.4. are intended to prevent any legal proceedings covering criminal investigation or criminal pursuit;
2.3.5. allow the spreading of rumor;
2.3.6. are indecent or pornographic;
2.3.7. are intended to compete with CTM's exclusive rights under its Concession Agreement;
2.3.8. are intended to broadcast unsolicited advertising materials;
2.4. The Customer shall indemnify CTM against all actions, proceedings, damages, costs, claims or losses which may be sustained by CTM in connection with any use of the Service through the Subscriber's User ID and/or Password by the Customer or by any third party even if without the Subscriber's consent.
2.5. CTM reserves the right to disconnect or deactivate without any prior notice any of the Customer's equipment or software that is found to cause malfunctioning of the Service or to interfere with any of the Customer's services, until such time as the deficiency has been cleared by the Customer.
2.6. CTM shall undertake to make the necessary arrangements for ensuring and enforcing that all data transmitted through the Service be kept confidential. However CTM shall not be held responsible if the aforementioned arrangements fail to ensure or enforce data transmission confidentiality.
2.7. Content Filtering will apply to the Service.
2.8. Actual performance of the Service may be varied depending on the radio conditions at the locations where the Access Points are installed.
2.9. Should the customer fail to disconnect from the Service upon completion of using the Service, the service will be automatically disconnected from the system after a 10 minutes idle period.
3. Usage Charge
3.1. Customer shall be responsible for paying all amounts due to CTM as a result of using the Services through his/her User ID.
3.2. Registration fee for service activation will be charged and is non-refundable.
3.3. The monthly usage charge for the Service shall be levied to the Customer according to the related service plan.
3.4. Total charge comprises the sum of the minimum monthly usage charge and an additional charge for every usage minute after the free hours specified in the Application Form (if applicable) are used up.
3.5. The charging unit for additional usage is one minute of duration. Partial minutes will be rounded up to the next whole minute.
3.6. If the actual monthly usage falls below the usage time included in the minimum monthly usage charge, the latter shall be due.
3.7. Customer agrees and accepts to pay for the CTM Internet Service monthly charge in advance, for the current and subsequent month. The additional usage charge will only be paid after presentation of the subsequent bill.
3.8. The invoice shall be paid within 20 days from the issue date. Failure to do so may result in the suspension of all CTM provided services subscribed by the Customer and CTM reserves the right to start a lawsuit in respect of late payments.
3.9. In the event of any dispute between CTM and the Customer relating to any charges billed by CTM, the books and records of CTM shall be conclusive evidence of all such charges incurred by the Customer.
4. Termination of Service
4.1. CTM shall have the right to terminate the Agreement without prior notice in any of the following events:
4.1.1. if any incurred charges remain unpaid after becoming due;
4.1.2. if the Customer commits any breach of the Agreement;
4.1.3. if the Customer uses the Service for the purposes outlined in clause 2.3;
4.2. if the Customer wishes to terminate the Service, he/she shall notify CTM by a written request at CTM Customer Service Centres.
5. General Liability
5.1. To the extent permitted by law, CTM shall not be liable for any indirect, consequential, indirect, incidental, or special damages whatsoever, including without limitation, damages or loss of business profits, business interruption, loss of business information, and the like, arising out of the use of or inability to use the Service even if CTM has been advised of the possibility of such damages.
6. Force Majeure
6.1. CTM shall not be under any liability for loss or damage resulting from delay or failure to perform these terms and conditions either in whole or in part where such delay or failure is due to a cause beyond its reasonable control, or which is not occasioned by its fault or gross negligence. Including but not limited to war, the threat of imminent war, riots or other acts of civil disobedience, insurrection, restraints imposed by governments or any other supranational legal authority or any other industrial disputes, epidemic, fire, explosion, tropical storms, earthquakes and other natural calamities
7.1. In addition to this Agreement the Customer must follow the provisions of "Regulamento de Prestacao dosServicos Telefonico Telex e Circuitos Alugados" published in CTM telephone directory.
8. Net Card:
8.1. The card number, User ID and password printed on each card is unique to that card and Customer shall be solely responsible for keeping the same safeguarded against any unauthorized use.
8.2. Except when a card received is damaged at the point of sale, a card once sold is not refundable and the customer shall be responsible for any loss, theft or misuse of the card.
8.3. The expiry date is stated on the back of each card. If the card is not activated before the expiry date, the usage hours will then be voided and no refund will be given for the unused usage.
8.4. No refund will be given for any unused usage of the unit value of a card whether before or after its expiry date.
8.5. Any disputes in connection with or arising from the use of the card shall be determined in Macau in accordance with the laws of Macau.