CTM eServices TERMS AND CONDITIONS (ESER1210E)

Thank you for visiting CTM eServices (henceforth the "Portal"). The Portal is comprised of various websites owned and maintained by Companhia de Telecomunicações de Macau S.A.R.L. (“CTM”), each a “CTM Website”.

CTM wants you to have a safe and pleasurable visit, so we have established the following Terms and Conditions (the “Terms”) so that we (CTM and you) know what to expect from each other. The Terms will form the agreement under which you may use the Portal.
The expressions “you” and “user” as used in the Terms refer to all individuals and/or entities accessing and using the Portal for any reason.
The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

1. Acceptance

By accessing and using the Portal and any of CTM Websites in any way, you expressly understand, acknowledge and agree to be bound by the Terms set forth herein as well by any applicable additional terms and conditions that govern individual products and services provided by CTM, including the Acceptable Use Policy ( AUP ) and Fair Usage Policy ( FUP ) . If you do not agree with these Terms, please do not use the Portal.

These Terms will remain in full force and effect as long as you are a user of the Portal or any of CTM Websites and in the event of termination of any service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties, and limitations of liability.
To the extent that there is a conflict between these Terms and any additional applicable terms the latter shall govern.

2. Modification of the Terms

CTM may modify these Terms at any time at its sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms at www.ctm.net/eservices . You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Portal shall be deemed your conclusive acceptance of the modified Terms and of the reasonableness of these standards for notice of changes.

3. Modification, Suspension or Discontinuance of the Portal

CTM reserves the right, at its sole discretion and at any time, to modify or discontinue the Portal (or any part thereof), on a temporary or permanent basis, with or without notice. You understand, acknowledge and expressly agree that CTM will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Portal.

4. Hyperlinks to Third Party Websites
The Portal contains hyperlinks to websites and other resources owned and operated by third parties, including the websites of CTM’s advertisers, which are neither maintained nor controlled by CTM. Use of any hyperlinks and access to such hyperlinked websites are entirely at your own risk.

You expressly understand and agree that CTM is not responsible for the availability of such external websites or resources and does not make any representation to you about those websites or the materials available there. That CTM has made those hyperlinks available to you is solely as an added convenience to you and not as an endorsement or recommendation of any of those websites. Nor shall CTM be liable for any aspect of the content (including without limitation compliance with intellectual property, proprietary or publicity rights), advertising or business practices (including without limitation privacy policies), products, or any other materials on or available at such third party websites or resources.
CTM will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused by or in connection with your use of or reliance on any such content, advertising or business practices, products or services available on or through any such hyperlinked third party websites or resources.
5. User Conduct

As a condition of your use of the Portal, you warrant to CTM that you will not use the Portal for any purpose that is unlawful or prohibited under applicable law or under these Terms.

You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to CTM or any of its customers or users of the Portal by any means.
You expressly agree not to use the Portal to post, transmit, distribute, link to, or solicit content that:

 (i) contains any advertising or promotional message not expressly authorised by CTM;
 (ii) violates any applicable laws or regulations;
 (iii) violates any intellectual property, proprietary, privacy or publicity rights of any person;
 (iv) undermines the security or integrity of the Portal, including without limitation by introducing any viruses, worms, Trojan horses, logic bombs or other disabling devices;
 (v) is unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable;
 (vi) contains any material in any form that would otherwise render CTM liable or exposed to any proceedings whatsoever.
 

CTM reserves the right to refuse, remove or disable any content that is, at its sole discretion, considered to be in breach of the above and reserves the right to expel users and prevent their further access to the Portal for violating these Terms or any applicable laws or regulations.

6. Registration, Login Name, Password, Security and “Cookies”
If any portion of the Portal requires you to register or open an account, you must provide true, accurate, complete and updated information. You may also be asked to choose a login name and a password. Please select a password that you can remember but does not use information that would be obvious to someone trying to guess your password, and change it regularly as an added precaution.

You shall not disclose to any person your password and shall not permit or authorise any person to use your login name or password for any purpose whatsoever.
Portions of the Portal are to be accessed only by registered users, who should have only one unique user name with one unique password. If you are found to share your password with any non-registered user CTM may terminate your access to those portions of the site immediately without notice.
You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. CTM may treat any access to or use of the Portal at any time by the use of your login name and password as access to or use of the portal by you, notwithstanding that it may have been used by any other person without your knowledge or authority.
You agree to immediately notify CTM of any unauthorised use of your password or account or any other breach of security. CTM will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time, without the permission of the account holder.
During your use of the Portal, we may issue to and request from your computer small blocks of data known as "cookies" to enable more convenient browsing and better serve you when you revisit the Portal. A cookie is a small amount of data, which often includes a unique identifier that is sent from the Portal to your computer or mobile phone (referred to here as a "device") browser and is stored on your device's hard drive. Storing cookies does not have any adverse effect on your device. You must not alter any cookies sent to your device from the Portal and you must ensure that your device sends correct and accurate cookies in response to any relevant request from the Portal.
7. Security of the Portal

You may not use the Portal in any manner which could damage or impair the Portal or interfere with any other party's use of the Portal. The following actions are prohibited to the user:

 (i) accessing data not intended for such user or logging into an account in which the user is not authorized to access;
 (ii) attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Portal without proper authorisation;
 (iii) forging any headers or otherwise manipulation of the Portal identifiers in order to disguise the origin of transmission through the Portal;
 (iv) attempting to interfere with the proper working of the Portal, service to any user, host or network, including, without limitation, via means of submitting a virus to the Portal, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Portal;
 (v) sending unsolicited commercial e-mail individually or in bulk (also called, Spam);
 (vi) harvesting e-mail addresses off the Portal through an automated process;
 (vii) bypassing the Portal homepage via deep linking or any other means, or framing the Portal, or any CTM Webpage or material on the Portal without the express written permission of CTM. Users are also prohibited from hyperlinking to the Portal or any CTM Webpage in an e-mail sent for commercial purposes, without the express written permission of CTM;
 (viii) attempting to gain unauthorised access to the Portal's features or activities, interfering with or manipulating in any manner the entry or registration process;
 (ix) falsifying identification or impersonating any person or entity;
 (x) setting up fake sites or other dummy sites that appear to be the Portal, mirroring the Portal contents, or otherwise copying any part of the Portal material and/or layout.
 

Violations of the Portal system or network security may result in civil or criminal liability. CTM will investigate possible violations of system or network security and may involve, and cooperate with a user's employer, telecommunication service provider, and law enforcement authorities in investigating and prosecuting users who are involved in such violations. CTM will also terminate access of any user that CTM believes, in its sole judgment, to have violated the Portal security provisions.

8. Privacy
CTM is committed to safeguarding your personal information. Personal information refers to all and any information relating to you, including, but not limited to your name, contact number, e-mail address and mailing address, obtained by CTM via your access to or use of this Portal.

Whenever you provide such information, CTM is legally obliged to use your information in line with all laws concerning the protection of personal information, including the Data Protection Act (Law no. 8/2005).
You understand and agree that the personal information you choose to provide may be held and used by CTM for a number of purposes connected with CTM’s business operations, which include:
 

 (i) processing your orders or applications, administering your account, carrying out credit checking, providing you with requested products and/or services, and billing you;
 (ii) dealing with requests, enquiries or complaints and other customer care related activities;
 (iii) carrying out market and product and services analysis and marketing CTM’s products and services generally;
 (iv) contacting you (including by post, e-mail, fax, SMS, pager or telephone) about CTM’s products and services and the products and services of carefully selected third parties which CTM thinks may be of interest to you (unless you ask CTM in writing not to);
 (v) registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of CTM's loyalty or reward programmes and other similar schemes;
 (vi) inclusion in any telephone or similar directory or directory enquiry service provided or operated by CTM or by a third party (subject to any objection or preference you may have indicated to us in writing);
(vii) carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;
(viii) carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems.
 

You understand and agree that CTM may also use your personal information for purposes related to those described above which would be reasonably expected by you. For example, CTM may use your personal information to keep you informed about features of CTM’s products and services.

We will not use your information for purposes other than described above unless we have your consent.
CTM will only use your personal information in a way that is fair (with reference to the purposes which are either disclosed to you or are relevant to the reason for you giving us the information). CTM will only keep your information for as long as we are either required or allowed by law, or as is relevant for the purposes for which it was collected.
CTM will not disclose or share your personal information with any other companies or organizations without your express consent (except as allowed or required by law). CTM may share your personal information with the government or regulatory agencies and law enforcement authorities in accordance with the law.
CTM will put in place appropriate technical and security measures to prevent unauthorised or unlawful access to or, accidental loss of or destruction or damage to your information.
You understand and agree that it may be necessary to transfer your personal information to other suppliers or service providers located in countries and territories outside of the MSAR. This may happen where CTM’s suppliers or service providers are based outside of the MSAR or where you use CTM’s services and products while visiting countries and territories outside of the MSAR.
You understand and agree that any information disclosed in the public areas of the Portal (such as forums, chat rooms, bulletin boards, or other features that allow users to post information that will be accessible by the public or the user population generally), becomes public information and will not be subject to the privacy protections generally afforded your personal information. You should exercise caution when disclosing your personal information in this way.
You hereby expressly consent to CTM’s handling and processing of your personal data in accordance with this paragraph.
9. Restricted Content

The content of the Portal is intended to appeal to a wide range of audiences and not all of the content may be suitable for use by children. Parents and guardians are hereby reminded of the importance of supervising young children when using the Internet.

Where CTM provides any interactive services such as forums, chat rooms or bulletin boards, parents and guardians shall be responsible for the actions of any children using these interactive services.
10. Disclaimer of Warranties

You expressly understand and agree that you assume total responsibility and risk for your use of the Portal and the Internet. If your use of the Portal, software, or information and any content made available on the Portal results in the need for servicing or replacing equipment or data, you understand acknowledge and agree that CTM shall not be responsible for those costs.

The information and any content made available on the Portal are provided on an "as is, as available" basis and, to the extent permitted by law, CTM does not make any warranties, representations or endorsements of any kind, whether expressed or implied, including without limitation or exclusion warranties of merchantability, fitness for a particular purpose, or warranties of title or non-infringement with regard to the Portal and any information, product or service provided through the Portal or on the Internet generally, and CTM shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
CTM will use its reasonable endeavors to maintain the Portal in a fully operating condition and that its contents are accurate at the time of its inclusion. CTM intends to take certain industry-accepted precautions from time to time to secure the Portal or portions thereof, and CTM Websites, so that the Portal and CTM Websites may be labeled as "secure" in accordance with industry practice in connection with the use of such precautions. However, you expressly understand and agree that it is beyond CTM’s control to ensure the accuracy, reliability, completeness, timeliness, security, availability and performance of Internet-based resources and services or of any content transmitted or accessible via the Internet and that CTM makes no warranty, guarantee, or representation that the use of the Portal and any of CTM Websites are error-free and protected from all viruses, worms, Trojan horses, security threats or other vulnerabilities.
Therefore CTM makes no warranty that (a) the Portal will meet your requirements or will always be accessible, (b) the Portal will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or harmful mechanisms, (c) the results that may be obtained from the use of the Portal will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Portal will meet your expectations, and (e) any errors in the Portal will be corrected.
11. Indemnification

You expressly understand and agree to defend, indemnify and hold harmless CTM, its parent company, its officers, directors, employees, representatives and agents, suppliers, licensors, advertisers, and any third party content providers, from and against any claims, demands and actions, losses, damages, costs and expenses, including without limitation legal and accounting fees, resulting from or arising out of your access or connection to the Portal, your violation of these Terms, your violation of any rights of another, or otherwise arising out of your use of the Portal in any manner. These obligations will survive any termination of your relationship with CTM or your use of the Portal.

CTM will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding. CTM reserves the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with CTM in asserting any available defenses.
12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall CTM be liable for any direct or indirect, special, incidental, consequential or any other losses or damages whatsoever (including but not limited to loss or corruption of data, loss of profits, goodwill, bargain or opportunity, or loss of anticipated savings, or business interruption, whether in contract or tort) arising out of or in connection with the use or access or the inability to use or access the Portal, delays, inaccuracies or errors in the information or in the transmission of the Portal, or any information or transactions provided on or over the Portal or downloaded or hyperlinked from the Portal, or performance of the contents on the Portal, even if CTM has been advised of the possibility of such damages.

Notwithstanding any other provision of these Terms, you expressly understand and agree that CTM’s maximum aggregate liability to users for all claims arising from your access, use or inability to access or use the Portal will be limited to the total amounts received by CTM in consideration for the provision of services and multiple claims will not enlarge this limit.
13. Intellectual Property Rights

The contents of the Portal (including, but not limited to, information, communications, software, design, text, graphics, artwork, images and sounds contained on or available through the Portal) is provided by CTM, its content providers and third parties licensors. The intellectual property rights to or over the contents contained in the Portal and each of CTM Websites belong to CTM, its content providers and/or third parties licensors. All rights are reserved. The contents of the Portal and each of CTM Websites cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of CTM. You agree that the material and content contained within or provided by the Portal is for your own personal use only and may not be used for commercial purposes or distributed commercially.

Your access to or use of the Portal should not be construed as granting, by implication, estoppel or otherwise, any licence or right to use the trademarks, tradenames, logos or service marks appearing on the Portal without CTM’s prior written consent. You may not, without CTM’s prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the Portal or any other CTM Website.
You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Portal or create derivative works based on the Portal. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the portal to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Portal’s underlying technology.
14. General

If any provision of these Terms, or the application thereof to any person or circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions of these Terms, which shall remain in full force and effect.

CTM’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
These terms and conditions are available in Chinese and English versions, of which the Chinese version prevails in the event of any inconsistency or conflict of interpretation with the English version.
Your access to or use of the Portal, as well these Terms, shall be governed by and construed in accordance with the laws of the MSAR. The courts of the MSAR will have jurisdiction over any claims arising from or related to your use of the Portal or from these Terms, although CTM hereby reserves the right to bring proceedings against you for breach of these Terms in your country of residence.