Effective date:2023-01-31
The services offered on this eSurfing Cloud Website (the “Site”), consisting of cloud computing products and services as well as other Internet technology services and network services, as set out in the description of applicable products and services available on the Site (the "eSurfing Cloud Services") are provided by China Telecom Global Limited and its affiliates ("Service Provider") to the users of the Site (the "User").
1. Terms of Service
Before using any information available on the Site, the User is advised to read this Notice carefully. By accessing, viewing and using the Site, the User is deemed to have acknowledged and agreed to comply with the terms of this Notice.
In addition to this Notice, the User's use of the Site and the eSurfing Cloud Services may be subject to other terms and conditions as issued by Service Provider from time to time. The User should read and understand all applicable terms and conditions before using this Site and/or the eSurfing Cloud Services.
The User must not use the information provided on the Site for any illegal purposes or in any way in breach of the terms of this Notice.
2. Disclaimers
The information published on the Site may not contain the most up-to-date information regarding the eSurfing Cloud Services offered on the Site. Service Provider is not liable for the inaccuracy, invalidity, untimeliness or incompleteness of the information available on the Site.
The information available on the Site is provided on a non-reliance basis and for reference only and the User shall not use such information for any commercial purposes. Service Provider makes no warranty, representation or undertaking as to the accuracy, validity, timeliness or completeness of such information. Service Provider (including its staff, employees, etc.) shall not be liable in any way, directly or indirectly, to the User or any other person for any errors, inaccuracies or mistakes arising from the transmission or delivery of any information. To the extent permitted by applicable laws and regulations, the Site hereby disclaims any liability to the User or any person for any direct, indirect, incidental, consequential, special, punitive or exemplary damages (including, without limitation, damages for loss of revenues or anticipated profits, business, as well as anticipated savings) arising out of the use or failure to use the information, any link or item available on the Site.
Information available on the Site should not be used by, or distributed to any person in any jurisdiction where such use or distribution violates the laws or regulations in such jurisdiction or subjects the Site, Service Provider, or its agents to breach of such regulatory requirements applicable in such jurisdiction. The User is solely liable for ensuring that it is not subject to any applicable laws and regulations which restrict or prohibit the use or distribution of the information available on the Site.
3. Protection of Privacy
3.1 The User may access the Site and the information available on the Site without registration but the User will be required to register on the Site if the User wishes to use services on this Site. Upon registration, the User shall provide complete, accurate and true personal or business/organisation information for assessment and review as required by Service Provider from time to time.
3.2 If the User wishes to use the eSurfing Cloud Services available on the Site upon registration, the User acknowledges and agrees that it shall provide true, accurate, up-to-date and complete information as required during the registration process and update such information from time to time to ensure that it remains true, accurate, up-to-date and complete.
3.3 The Site will take reasonable security measures to protect the personal information stored by the User in accordance with its privacy policy and will not disclose the same to any other third party (including any third-party company or individual) without the User's consent, unless such disclosure is required by applicable laws and regulations, in accordance with its privacy policy or otherwise for the purposes of protecting the rights or properties of users of the Site or protecting personal safety or public security in case of emergencies.
4. Forward-looking Statements
The information published on the Site may embody certain forward-looking statements which are inherently exposed to considerable risks and uncertainties. Such statements include, without limitation, statements regarding: (i) the business operating strategy of Service Provider; (ii) the network expansion plans (including proposed capital investments therefor); (iii) the proposed development of next generation communications technologies and other technologies and the application thereof; (iv) the anticipated impact of tariff changes on Service Provider's operating results; (v) the impact of competitive landscape on China Telecom Cloud's operating results; (vi) the future development of the telecommunications industry and the Internet industry, including industry restructures and potential changes in government policies; and (vii) other statements relating to the future business development and results of operations of Service Provider. “Expect”, “believe”, “forecast”, “anticipate”, “project”, “intend” and other similar expressions, when used in a statement with respect to Service Provider, are used to indicate that the statements are forward-looking in nature. Service Provider does not intend to update these forward-looking statements on an ongoing basis. These forward-looking statements reflect Service Provider's views of future events as and when such statements are published, and do not constitute any warranty, representation or undertaking with respect to future business performance. Ultimate results delivered may differ significantly from those set out under the forward-looking statements due to various factors, including, without limitation, (i) further restructuring of the telecommunications industry and the Internet industry; (ii) potential changes in regulatory policies of government authorities that may have an impact on necessary government approvals and licenses, interconnection and transmission line arrangements, tariff policies, capital investment priorities and spectrum; (iii) changes to demand for the eSurfing Cloud Services and impact on the prices thereof due to competitive landscape; (iv) changes in communications technologies and auxiliary technologies that may affect the viability and competitiveness of Service Provider's network; and (v) changes in political, economic, legal and social aspects, including changes in the policies of governmental authorities on industry access, foreign-invested industries and local market admittance of foreign-invested enterprises, economic growth, inflation, foreign exchange and available credit lines. In addition, the potential network expansion and other capital investments as well as development plans of Service Provider are subject to a number of factors, including, without limitation, (i) the availability of adequate financing on acceptable terms; (ii) the availability of the required number of sites necessary for the installation of network devices on reasonable commercial terms; (iii) ability to develop and acquire new technologies and the application of the same; and (iv) the availability of qualified management and technicians, among many other factors.
5. Intellectual Property
The domain names, trade names, trademarks, text, visual and audio contents, graphics and images set out on the Site are protected by the laws applicable to trademarks and copyright and any part thereof may not be reproduced or transmitted in any form or by any means without the prior express written consent of Service Provider.
6. Hyperlinks
The User may not create any hyperlink between the Site and its own website without the prior written consent of Service Provider.
7. Change, Interruption or Termination of the eSurfing Cloud Services
7.1 Where the network services are suspended by Service Provider for the purpose of system maintenance or upgrade, Service Provider will give prior notice to the User as reasonably practicable in the circumstances.
7.2 Service Provider has the right to suspend or terminate the provision of its network services to the User at any time without notice and deny the User's current or future access to all or any part of the eSurfing Cloud Services provided by the Site where:
(a) the information provided by the User is, or is suspected by Service Provider, to be false, inaccurate, outdated, incomplete or misleading; or
(b) the User violates any terms of this Notice.
7.3 In addition to the circumstances set out in the preceding paragraphs, Service Provider further reserves the right to suspend or terminate part or all of its network services at any time without prior notice, and Service Provider shall not be liable to the User or any third party for any loss as a result of such suspension or termination.
8. Modifications
8.1 Service Provider shall have the right to update and amend the relevant terms under this Notice at any time, and Service Provider will inform the User of such updates or amendments as is reasonably practicable in the circumstances.
8.2 If the User does not agree with the modifications made by Service Provider to this Notice, the User shall stop accessing the Site or using the eSurfing Cloud Services. By continuing to access the Site and/or use the eSurfing Cloud Services, the User irrevocably accepts such updates and/or amendments made by Service Provider.
9. Rights of Third Parties
A person who is not a Party to this Notice has no right to enforce any terms of this Notice under the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
10. Applicable Laws
This Notice shall be interpreted and governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China.
The information contained under this Notice is not meant to replace any of the terms and conditions under eSurfing Cloud Service Agreement, eSurfing Cloud User Agreement and/or the Privacy Policy. For full details on how you may use the eSurfing Cloud Services and/or this Site, please refer to each of the abovementioned particular documents.