KiMiFi User Agreement_2019

AGREEMENT

These Terms and Conditions, and the related Forms and web pages they reference, constitute a legal Agreement between You the end user and WONDAFONE TECHNOLOGY (HONGKONG) CO., LIMITED or its affiliate who is the actual service provider (“WONDAFONE” or WONDAFONE’s customer) or Wo.

 

 

COMPLIANCE WITH APPLICABLE LAWS

By entering into this Agreement, you expressly confirm that you are legally entitled to enter this Agreement.

 

 

SERVICE DESCRIPTION

WONDAFONE shall make every effort to provide a high level of availability for its KiMiFi Service. However, WONDAFONE is unable to guarantee continuous, fault-free operation of its mobile data Service or certain transmission times or capacities. WONDAFONE reserves the right to service its mobile data Service at any time, which may result in temporary disruptions. No representations or guarantees are made in respect of availability, quality, operation or support for data communication on third-party networks. No guarantee may be given for absolute protection of WONDAFONE's Service against unauthorized access or interception. WONDAFONE shall assume no liability for any such occurrence. WONDAFONE may at any time adapt or interrupt its services. WONDAFONE may engage at any time a third party to fulfil any of its obligations under this contract.

 

 

CHARGES

You will be charged WONDAFONE's standard rate for the Services unless agreed in writing with WONDAFONE. The WONDAFONE Service operates on a pre-pay basis and you will be prompted to pay these rates in advance. A full list of WONDAFONE's rates for standard Services is published at KiMiFi APP. These rates may be changed from time to time, entirely at WONDAFONE's discretion, so you should check the WONDAFONE website regularly to determine if any changes have been made or announced. If you have no credit in Your Account you will be unable to initiate a data session.

 

 

SUSPENSION OR TERMINATION OF SERVICES

If you need assistance regarding the KiMiFi Service, please email service@wondafone.com.

If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorized or contains false particulars, we may delay, suspend or terminate your Service. Under these circumstances you will have no claim against us.

Your account will appear to be inactive if it has not been used for eighty days. You can contact us to reactive the account if you need to use it again.

 

 

OWNERSHIP

KiMiFi\WONDAFONE\ArtPlus\Artech is registered trademarks of WONDAFONE in Hong Kong, US and Europe.

 

 

COMPLAINTS

If you have any complaints about the service, you should send them in the first instance to complaint@wondafone.com.

 

 

NO WARRANTY

While we will endeavor to provide the service with minimum disruptions, we cannot guarantee a fault free Service and You agree to accept the service 'as is'. We reserve the right to suspend the service for technical, operational or other reasons. WONDAFONE reserves the right to withdraw this service and any additional services at its sole discretion.

THE SERVICE IS PROVIDED ON AN 'AS IS' BASIS, AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. WONDAFONE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; TITLE OR NON-INFRINGEMENT; OR ANY WARRANTY ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. WONDAFONE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

We reserve the right to make changes to these terms and conditions. You should check the WONDAFONE website regularly to see if any changed have been made or announced. We will endeavor to provide 30 days advance notice of significant changes, either by posting such notice on our website, or by contacting you directly. If you do not notify us within 30 days of a change then You will have been deemed to accept this change to this Agreement.

 

 

LIMITATIONS AND EXCLUSIONS OF WARRANTIES AND LIABILITY

  1. Exclusions of Certain Damages

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER), SHALL WONDAFONE BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, WONDAFONE'S NETWORK OR EQUIPMENT, OR THE SERVICE. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OR THEFT OF DATA; TRANSMISSION DELAYS OR FAILURES; SERVICE INTERRUPTIONS; UNAUTHORIZED ACCESS OR DAMAGE TO RECORDS, SOFTWARE PROGRAMS OR OTHER INFORMATION OR PROPERTY; LOSS OF PROFITS; COST OF COVER; OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR PUNITIVE DAMAGES, HOWEVER CAUSED. THIS LIMITATION WILL APPLY EVEN IF WONDAFONE HAS BEEN ADVISED OF, OR IS AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN FORMS OF LIABILITY, SOME OR ALL OF THE EXCLUSIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY.

  1. Disclaimer of Third Party Actions and Control

WONDAFONE DOES NOT AND CANNOT CONTROL THE QUALITY OF OTHER PARTIES' NETWORKS TO WHICH WONDAFONE MUST INTERCONNECT. THEREFORE, WONDAFONE DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM THE PERFORMANCE, INCLUDING FAILURE, OF OTHER PARTIES' NETWORKS.

  1. Limitation on Remedies

THE SERVICE CHARGE CREDITS LISTED IN THIS SECTION ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU FOR ANY FAILURE BY WONDAFONE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, WHETHER SUCH FAILURE RESULTS IN DOWNTIME, NETWORK CONGESTION OR OUTAGES, OR ANY OTHER SERVICE FAILURE.

 

 

ENTIRE AGREEMENT/SEVERABILITY

These Terms and Conditions and additional terms and conditions as explicitly identified on the WONDAFONE website constitute the entire Agreement between You and WONDAFONE should any terms of the Agreement be declared void or unenforceable by any arbitrator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.

 

 

FORCE MAJEURE

WONDAFONE will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.

 

 

Privacy Policy

Your agreeing to use WONDAFONE’s service indicate your agreement with the Privacy Policy attached to this Agreement and your agreement on WONDAFONE’s provision of service in accordance with the Privacy Policy.

 

 

CHANGES IN REGULATION

You and WONDAFONE understand that regulators, or other bodies of competent legal jurisdiction may impose regulations on IP-based services. If new regulations are imposed on WONDAFONE, WONDAFONE is authorized to make changes to this Agreement that reflect the new regulations, and will post such changes on its corporate website and may in addition send email/SMS notices to its customers. WONDAFONE retains the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.

 

 

GOVERNING LAW

If you are in China, this agreement is governed by the laws of China; if you are outside of China, this agreement is governed by the laws of Hong Kong. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.

 

 

ELECTRONIC DOCUMENTS

Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.

 

 

ADDITIONAL SERVICES, FEATURES AND TERMS

WONDAFONE may, from time to time, introduce additional services which you will need to sign up to on the web. These services will be covered by these terms and conditions but you may have additional terms and conditions to which you will need to agree before gaining access

 

 

LANGUAGE

We may translate the original English Language version of this Agreement into other languages. If there is any inconsistency or discrepancy between the English Language version and any other language version of this Agreement, the English language version shall prevail.

Last updated: February 2019