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General Terms and Conditions on ZoiPPE Service

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

By downloading or installing the Device and/or ZoiPPE software, or otherwise using the ZoiPPE service in any manner whatsoever, you agree to be bound by the followings:

1. General: You hereby accept and agree to be bound by these Terms and Conditions which may be revised from time to time. If you do not wish to be bound by these Terms and Conditions, you may not access or use the ZoiPPE service. You agree to review these Terms and Conditions periodically and the continuing access to and/or use by you of the ZoiPPE service shall be deemed as conclusive evidence of the irrevocable acceptance by you of the revised Terms and Conditions as they become effective from time to time.

2. Jurisdiction's Restrictions: If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as the agreement reached under these Terms and Conditions according to age and you are under such a jurisdiction and under such an age limit, you may not enter into this Agreement or use the ZoiPPE service. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use the ZoiPPE service, you may not enter into this Agreement and you may not use the ZoiPPE service. By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your use of the ZoiPPE service is allowed.

3. Electronic Signatures and agreement(s): You acknowledge and agree that (in the case of ZoiPPE software) by clicking on the "ACCEPT" button (or any other buttons or links as may be designated by ZONE) to show your approval of any foregoing text or (in any other case) your use of the Device or the ZoiPPE service in any manner whatsoever you are entering into a legally binding contract with ZONE. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and to the electronic delivery of notices, policies and records of transactions initiated or completed through the ZoiPPE service. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable mandatory law, which require an original (non-electronic) signature or delivery or retention of non-electronic records.

4. No traditional telephone service: You acknowledge and understand that the ZoiPPE service is not a traditional telephone service or a replacement for your primary telephone service. Important distinctions (some, but not necessarily all, of which are described in these Terms and Conditions) exist between the traditional telephone service and the ZoiPPE service provided by ZONE, which includes the followings.

(a) Limited Emergency Call Service: Unless and until ZONE is providing its Call-In (Hong Kong) service to you in accordance with these Terms and Conditions, the ZoiPPE service does not and does not intend to support or carry emergency calls, telephone directory services, other community services or any collect-call services. Please also see Clause 21(d) and Annex A (Call-Out service) below.

(b) Service Disruption: Should there be an outage in power supply and/or service disruption with fully functional broadband service, the ZoiPPE service will not be available until power and/or such broadband service is fully restored. Nevertheless, you remain liable for all fees payable during such period notwithstanding that the ZoiPPE service is not available. A power and/or broadband failure or disruption may require resetting or reconfiguring the Device, the ZoiPPE software or associated equipments before using the ZoiPPE service.

5. Fee: You shall be liable for all fees payable for the ZoiPPE service regardless of your use of the ZoiPPE service, which fee and due date(s) thereof will be specified by ZONE from time to time and subject to change without notice.

(a) Payment: In order to obtain Credits you shall pay ZONE the tariffs as stated on its designated website and, in the case of Call-In service, Voicemail service or SMS service, in connection with your subscription of respective ZoiPPE service. Unless stated otherwise, all tariffs and charges shall be calculated in United States dollars or Hong Kong dollars as ZONE shall promulgate from time to time and shall be exclusive of value added taxes (VAT) or any other applicable taxes.

(b) Change of tariffs: ZONE reserves the right to change the tariffs at any time by giving you a notice of change, or posting the same on its designated website or, in the case of Call-In service, Voicemail service or SMS service, by stating new tariffs in connection with your subscription of the respective ZoiPPE service. ZONE will in each event of change in tariffs endeavour to give you a prior notice or posting the said change on its designated website prior to the effective date of such change, but any failure or delay in giving or posting on its website such prior notice shall not prejudice or affect the validity or effectiveness of the related change in tariffs, or any rights or remedies of ZONE thereunder. If you do not wish to accept such adjustment of tariffs, you are entitled to terminate the Account(s) which the adjustment affects by written notice, with effect from the date on which the adjustment of tariffs will become effective. You agree that by continuing to use the ZoiPPE service following the adjustments of the tariffs, you accept such adjustments.

(c) Discrepancy: In the event you suspect that ZONE has charged you in error, you must contact ZoiPPE's customer services within thirty (30) days after such charge. ZONE reserves the right not to give any refunds or adjustments will not be given for any charges which have been billed or debited for more than thirty (30) days.

(d) Credit balance: You can only use the ZoiPPE service when your Account maintains a sufficient Credit balance.

6. Installation: You may request ZONE for conducting an installation of the Device at an extra charge. In such event, you understand and acknowledge that installation of the Device at a specified address may require the connection or disconnection, modification, removal and/or replacement of existing cables/circuit, equipment and facilities connecting to or of the above address (collectively "Facilities"). You hereby warrant that you are authorised to access, inspect, test, repair, connect or disconnect, modify, remove, replace and/or maintain the Facilities and for the purposes of providing the ZoiPPE service by ZONE without prior approval of any governmental agency or other third party (or if any prior approval is required, such approval for all works done and to be done by ZONE or its employees, agents or contractors have already been obtained without restriction). You hereby authorise ZONE to access, inspect, test, repair, connect or disconnect, modify, remove, replace and/or maintain the Facilities; and to add and/or install or connect any ZONE's equipment to the Facilities or at the installation address in such a way as ZONE shall in its absolute discretion deem appropriate. You also agree to indemnify and keep ZONE, ZONE Staff, their respective affiliates and third party supplier indemnified against any costs, claims, demands, liabilities and expenses suffered or incurred by ZONE arising from (whether directly or indirectly) or related to the installation of any Device or any work associated therewith. ZONE will not conduct any installation or un-installation of ZoiPPE Software on your behalf.

7. Suspension / interruption: ZONE may at any time limit or suspend your access to and use of the ZoiPPE service and/or any other ZONE's service, without any notice to you and without recourse to the courts, for the repair, improvement, and/or upgrade of the ZoiPPE service or in the circumstances where ZONE is at liberty to terminate your access to or use of the ZoiPPE service in accordance with these Terms and Conditions.

8. Change of technical features: ZONE may change the technical features of the ZoiPPE service in order to keep pace with the latest demands and technological developments, at its own discretion and without any notice to you.

9. Privacy: You acknowledge that calls to or from the PSTN are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. ZONE will not be liable for any disruption, delays, eavesdropping or other omissions in the ZoiPPE service.

10. No control: You acknowledge and understand that ZONE does not control, or have any knowledge of, the content of any communication(s) spread by the use of the ZoiPPE service. The content of the communication is entirely the responsibility of the person from whom such content is originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. ZONE will not be liable for any type of communication spread by means of the ZoiPPE service.

11. Non-designated device: ZONE shall not be responsible if the ZoiPPE service could not be used as a result of use of any telephone system, equipment or device other than a Device or any software or program other than ZoiPPE Software provided by ZONE to you for the ZoiPPE service which you has ordered or requested for and/or ZONE has agreed to provide to you.

12. Intellectual property: The Device and ZoiPPE Software made available to you are materials whose copyright or other intellectual property right is owned by ZONE or its third party suppliers. If ZONE provides any software, the Device or other equipment to you in connection with the ZoiPPE service, ZONE grants you a personal, non-exclusive, non-transferable licence for the duration of your use of the ZoiPPE service to install and use the software, Device and equipment on an "as is" basis and (in case of software, in object code form only on one piece of hardware) for the sole purpose of enabling the ZoiPPE service (except, in case of Device, it is expressly agreed by ZONE in writing that you have fulfilled all terms and conditions to retain ownership of the Device in your possession). You shall not copy, distribute, reverse engineer, decompile, dismantle, disassemble or otherwise reduce to readable form any software or hardware provided by or through ZONE in connection with the ZoiPPE service.

13. User: The ZoiPPE service, the Device, the ZoiPPE Software and other equipment or software associated with the use of the ZoiPPE service are provided to you for your own use. Any unauthorised commercial use or resale of the Device, ZoiPPE Software, such other equipment or software or ZoiPPE service is expressly prohibited. You agree to use the ZoiPPE service in compliance with these Terms and Conditions, the End User License Agreement and the applicable laws, rules and regulations for lawful purposes only. In addition, you agree NOT to:

(a) use the ZoiPPE service for telemarketing or voice or fax broadcasting, or any other chain letters, junk email, spamming or any duplicative or unsolicited messages or calls;

(b) change, tamper or interfere in any manner with any Device, Facilities, ZoiPPE Software or the ZoiPPE service without prior consent of ZONE which ZONE may deny at its sole discretion;

(c) hack or disrupt the ZoiPPE service in any manner or for any purpose whatsoever;

(d) harvest or otherwise collection information about other persons, including but not limited to email addresses, without consent of such persons;

(e) create a false identity or forged email address or header, or otherwise attempt to mislead other persons as to the identity of the sender or the origin of the message;

(f) transmit through the ZoiPPE service unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

(g) transmit any material that may infringe intellectual property rights or other rights of any other person;

(h) transmit any material that contains viruses, trojan horses, worms, time bombs, cancel bots or any other harmful or deleterious programmes;

(i) violate any law or regulation regarding the transmission or export of technical data or software from any country (including the United States) through the ZoiPPE service;

(j) interfere with or disrupt networks connected to the ZoiPPE service or violate the regulations, policies or procedures of such networks;

(k) attempt to gain authorised access to the ZoiPPE service or other services, Accounts of other persons, computer systems, or networks connected to the ZoiPPE service, through credit card fraud, password mining or any other means; or

(l) interfere with another person's use or enjoyment of the ZoiPPE service in any manner whatsoever.

14. Indemnity: You agree to indemnify and hold ZONE and (as applicable) ZONE Staff, their respective affiliates and third party suppliers harmless against any and all third-party claims, actions, proceedings and costs, including but not limited to reasonable attorney's fees, incurred by ZONE arising out of or relating to your violation of these Terms and Conditions, applicable laws, rules or regulations or rights of any third parties and/or the misuse of the ZoiPPE service.

15. User Information and Account: To use the Device, ZoiPPE Software and/or the ZoiPPE service, you will be asked to provide certain personal information, and will be granted with a User ID, a Password and an Account. You agree that:

(a) you shall at all times provide ZONE within reasonable time upon request with any data or information necessary to a proper provision of the ZoiPPE service.

(b) you are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities conducted through your User ID, Password and Account, even if this occurs without your permission.

(c) you agree to immediately notify ZONE in writing of any unauthorised and/or fraudulent use of your User ID, Password, and Account.

(d) you agree to indemnify ZONE against any and all third party claims and all related liabilities arising out of, or relating to, the use of your User ID, Password, and Account.

(e) ZONE will not be liable for any damages resulting from the unauthorised and/or fraudulent use of your User ID and/or Password and the unauthorised use of your Account.

(f) ZONE reserves the right to change your User ID or Password if this is in the interest of the functioning of the ZoiPPE service or to prevent fraudulent use of the ZoiPPE service.

16. PSTN number: You understand that any PSTN number assigned to you by ZONE at all times remains the property of ZONE, and cannot be ported out to other service provider. ZONE reserves the rights to assign such telephone number to other customers after the ZoiPPE service is terminated.

17. Account: In order to procure Credit you must deposit a credit balance on your Account by credit card, promotional voucher, or other means which may be made available by ZONE. New Accounts paid by credit card are activated immediately upon receipt and validation of credit information. For such activation, you must give ZONE a valid credit card number (Visa, MasterCard or any other issuer then accepted by ZONE). ZONE reserves the right to stop accepting credit cards from one or more issuers. In the case of post-paid products or services, upon your Account being approved by ZONE, a Credit in the amount designated by ZONE will be allocated to your Account for your use, upon and subject to these Terms and Conditions, End User Licence Agreement and all applicable laws and regulations.

18. Refund: ZONE agrees to refund to you an appropriate unused and unexpired portion of ZoiPPE service or unused Credit only if you have at all times comply with these Terms and Conditions, End User Licence Agreement and all applicable laws and regulations, and the ZoiPPE service, if not of fixed term, is terminated by a not less than seven (7) days' prior written notice and, if any, all Device(s) provided with you are returned to ZONE in good and clean condition within fourteen (14) calendar days after your receipt of such Device(s). However, you remain liable for all charges associated with off-net calls at such rates as promulgated by ZONE from time to time. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired paid through vouchers or pre-paid cards. ZONE reserves the right to deny repetitive refund requests (more than twice for any given type of ZoiPPE service). All refunds shall be in the denomination of US$1 or, if your Credit has been recorded in Hong Kong dollars, HK$10, and any fraction thereof shall be deducted and debited for the benefit of ZONE absolutely. There shall be no refund if the unused Credit amounts to not more than US$5 or, if your Credit has been recorded in Hong Kong dollars, HK$50. A credit balance for Credit expires 180 days after the last chargeable use of the Credit. Credit balances that are not used within the said 180 day period will be lost.

19. Reactivation of Service: If the ZoiPPE service is suspended by you, it may be reactivated by you serving on ZONE a not less than seven (7) days' prior written notice of such intent. Should a reactivation occur, in whatsoever circumstances, a reactivation charge shall be levied on you. The charge will be US$20 if the ZoiPPE service has been suspended for less than 30 calendar days, or US$40 if the ZoiPPE service has been suspended for 30 calendar days or more.

20. No warranty: FOR THE HARDWARE, SOFTWARE AND ANY SERVICE ZONE PROVIDES HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZONE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANtable QUALITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ZONE DOES NOT REPRESENT OR WARRANT THAT THE HARDWARE, SOFTWARE OR VOIP SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HARDWARE, SOFTWARE OR VOIP SERVICE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZONE DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE HARDWARE, SOFTWARE OR ANY SERVICE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE, OR THAT CALLS MADE USING THE VOIP SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR WITHOUT PACKET LOSS.

21. Limitation of Liability: In the event of ZONE being in breach of any of its obligations towards you under these Terms and Conditions, ZONE will accept liability to pay damages only to the extent as follows :

(a) Direct damages: ZONE can only be held liable for direct damages resulting from an attributable failure to perform its obligations under these Terms and Conditions. Direct damages in this respect exclusively mean:

(i) all reasonable costs incurred by you in order to have ZONE performed its obligations under these Terms and Conditions;

(ii) all reasonable costs incurred by you in order to prevent or limit any direct damages as meant in this clause; or

(iii) all reasonable costs incurred by you in order to establish the nature and scope of the direct damages as meant in this clause.

(b) Maximum amount: The direct damages as meant in this clause shall be limited to the amount actually paid by you for the services rendered by or through ZONE during the last six (6) months in which such damages occur. In no event, however, shall the total compensation for any direct damages exceed US$1,000.00.

(c) No consequential damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ZONE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE ANY HARDWARE, SOFTWARE OR SERVICE, ANY CHANGES TO THE HARDWARE, SOFTWARE OR ANY SERVICE, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR trANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY trANSACTIONS ENTERED INTO THROUGH THE VOIP SERVICE. YOU SPECIFICALLY AGREE THAT ZONE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

(d) Specific disclaimer on emergency call services. ZONE does not provide emergency call services in conjunction with the ZoiPPE service or any other services except and only except Call-In (Hong Kong) service. Neither ZONE, any ZONE Staff nor their respective affiliates or third party suppliers may be held liable for any claim, damage, or loss, and you hereby waive, to the maximum extent permitted by applicable law, any and all such claims or causes of action, arising from or relating to the use of ZoiPPE service or any other service provided hereunder to contact emergency call services personnel. you shall defend, indemnify, and hold harmless ZONE, any ZONE Staff or their respective affiliates or third party suppliers who furnishes any services to you in connection with the ZoiPPE service or any other services provided under these Terms and Conditions or the General Terms and Conditions, from any and all claims, losses, damages, fines, penalties, costs and expenses (including attorneys fees) by, or on behalf of, you relating to the absence, failure or outage of the ZoiPPE service or any other service provided hereunder, including specifically any claims arising out of the failure of ZONE to offer emergency call services.

22. Duration and Termination: These Terms and Conditions will be binding upon you as of the date of your acceptance thereof, and will remain effective until terminated by either party as set forth in these Terms and Conditions.

(a) Termination by you: You may terminate your use of the ZoiPPE service at any time by written notice (by mail, email or otherwise) of ZONE in accordance with the conditions provided herein.

(b) Termination by ZONE: Without prejudice to any other rights and remedies available to ZONE, ZONE may terminate your access to and use of the ZoiPPE service and any other ZONE service, Device and ZoiPPE Software, prohibit access to ZoiPPE's website, remove hosted content, and take technical and legal steps to keep you off the website if, in ZONE's opinion, you or any user under your account has acted in breach of or otherwise fails to comply with any of these Terms and Conditions or the General Terms and Conditions (as extended pursuant hereto, including you has failed to pay ZONE on due date any sums due by you to ZONE), or otherwise act inconsistently with the letter or spirit of ZONE's policies, infringe any other person's intellectual property rights, engage in fraudulent, immoral or illegal activities, or for other similar reasons, with immediate effect and without recourse to the courts.

(c) Consequences of Termination: Upon termination for any reason, all licences and rights to use the ZoiPPE service, the Device and ZoiPPE Software shall terminate and you will cease any and all access to and use of the ZoiPPE service.

23. Force Majeure: You acknowledge and understand that the ZoiPPE service does not function and ZONE will not be in breach of any of its obligations towards you under these Terms and Conditions in the event of a force majeure event. A force majeure event means any event beyond reasonable control of ZONE including, but not limited to, an act of God, insurrection or civil disorder, war or military operations, national or local emergency, a serious and sustained power outage or severe Internet service disruption, flood, subsidence, or weather conditions of exceptional severity. In the event ZONE is affected by a force majeure event, it will promptly notify you of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a best efforts basis. ZONE will not accept any liability for the consequences arising out of a force majeure event.

24. General Provisions:

(a) Entire Agreement: These Terms and Conditions together with the End User Licence Agreement constitute the entire agreement between you and ZONE with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

(b) Partial Invalidity: Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of these Terms and Conditions shall nonetheless remain in full force and effect.

(c) No Waiver: A right in favour of ZONE under these Terms and Conditions, a breach of an obligation on your part can only be waived by an instrument duly executed by ZONE. No other act, omission or delay of ZONE, ZONE Staff, their respective affiliates or third party suppliers will constitute a waiver, binding, or estoppel against, ZONE. A single or partial exercise or waiver by ZONE of a right relating to these Terms and Conditions will not prevent any other exercise of that right or the exercise of any other right.

(d) Approval and consent: ZONE may conditionally or unconditionally give or withhold any consent to be given under these Terms and Conditions and is not obliged to give its reasons for doing so.

(e) Assignment: You must not assign or otherwise dispose of any right to any ZoiPPE service, Device or ZoiPPE Software or under these Terms and Conditions without the written consent of ZONE. ZONE's rights under these Terms and Conditions are assignable.

(f) Severability: Any provision of these Terms and Conditions which is illegal, void or unenforceable will be ineffective to the extent only of that illegality, voidness or unenforceability without invalidating the remaining provisions.

(g) Essence of Time: Time is of the essence in respect of obligations under these Terms and Conditions.

25. Definitions and Interpretations:

(a) Definitions: In these Terms and Conditions, unless the context requires the otherwise,

(i) "Account" refers to an account of a user for the payment and use of the ZoiPPE service;

(ii) "affiliate" means any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, ZONE. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than thirty percent (30%) of the issued equity of the corporation, company, or other entity.

(iii) "Call-In number" means the number as defined by the relevant national numbering plan, assigned to you either by ZONE or by the Call-In number provider, for the use of the Call-In service;

(iv) "Call-In number provider" means a service provider who has the licence to allocate numbers in the country where such numbers have been issued and with whom ZONE has entered into an agreement for the allocation of numbers to subscribers of the Call-In service;

(v) "Call-In service" means the service, solution or feature of ZoiPPE service or in the Device or ZoiPPE Software which enables you to be called by PSTN users through your Call-In number;

(vi) "Call-In (Hong Kong) service" means the Call-In service with a Hong Kong Call-In number;

(vii) "Call-Out service" means the service, solution or feature of the ZoiPPE service or in the Device or ZoiPPE Software which enables you to make calls to PSTN users;

(viii) "Credit" means the payment you have made or other amount or credit that ZONE may at its absolute discretion allocate to you (less, in the case of post-paid services or products, any unbilled or unsettled usage) that can be used to subscribe for or acquire ZoiPPE service and any other services or products that ZONE may add thereto from time to time;

(ix) "Device" means any equipment or device provided by or otherwise used in conjunction with the ZoiPPE service; and

(x) "End User Licence Agreement" means the End User Licence Agreement between ZONE and you for the licence to use the ZoiPPE Software;

(xi) "Hong Kong" means The Hong Kong Special Administrative Region of the People's Republic of China;

(xii) "Password" means a code you select, which, in combination with your User ID, gives you access to Your Account;

(xiii) "PSTN" means the Public Switched Telephone Network;

(xiv) "SMS service" means the service, solution or feature of the ZoiPPE service or in the Device or ZoiPPE Software which allows you to send short messages to cellular phone users;

(xv) "User ID" means an identification code you selected, which in combination with the correlating Password, gives access to your Account;

(xvi) "Voicemail service" means the service, solution or feature of the ZoiPPE service or in the Device or ZoiPPE Software which allows you to receive voice messages from PSTN users and other subscribers;

(xvii) "ZoiPPE service" means the voice-over-internet protocol services, solutions and hardware/software features solutions ordered or requested for by you and/or agreed to be provided by or through ZONE from time to time, which services, solutions and features may include but not limited to, Call-Out service, Call-In service, Call-In (Hong Kong) service, Voicemail service, SMS service and other features or services that ZONE may add thereto from time to time;

(xviii) "Website" means any and all elements and contents of the website of ZONE with URL www.zoippe.com and, where the context permits, any other website(s) from which the ZoiPPE Software can be downloaded;

(xix) "you" means you, a user and/or subscriber of ZoiPPE service, also used in the form "your" where applicable;

(xx) "ZONE" means ZONE Limited whose correspondence address is at Room 4101, 41st Floor, Hopewell Centre, 183 Queen’s Road East, Wanchai, Hong Kong, and where the context permits, its successors and assigns;

(xxi) ZoiPPE Software: means the software distributed by ZONE for internet telephony applications, enabling you to use the ZoiPPE service, including any subsequent programming fixes, updates, upgrades and new versions of such software;

(xxii) ZONE Staff: the officers, directors, employees and agents of ZONE or its affiliates or third party suppliers, or any other persons hired by ZONE or its affiliates or third party suppliers.

Save as aforesaid, words and expressions defined in the General Terms and Conditions shall, unless the context otherwise requires or expressly provides, have the same meanings and application when used in these Terms and Conditions.

(b) Interpretations: Unless expressed to the contrary, in these Terms and Conditions,

(i) words in the singular include the plural and vice versa;

(ii) any gender includes the other genders;

(iii) if a word or phrase is defined its other grammatical forms have corresponding meanings;

(iv) these “Terms and Conditions” includes these terms and conditions (including its annexes) as from time to time amended, supplemented, novated, restated or replaced and any document which amends, supplements, novates, restates or replaces this document in accordance with the provisions of these terms and conditions;

(v) a business day means, if it relates to any act to be done by ZONE or its staff, a day (other than Saturday) on which commercial banks in Hong Kong are generally open for business, and, if it relates to any act to be done by any affiliate or third party supplier or its staff, a day other than Saturday, Sunday and any other day designated as a public holiday by the Government or public body of the jurisdiction in which that affiliate, third party supplier or its staff locates or carries on its business;

(vi) a reference to a person includes a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority; and his/her/its legal personal representatives, successors, assigns and persons substituted by novation;

(vii) "includes" means includes without limitation;

(viii) no rule of construction will apply to a clause to the disadvantage of a party merely because that party put forward the clause or would otherwise benefit from it;

(ix) "HK$" or "Hong Kong dollars" is a reference to the lawful currency of Hong Kong. "US$" or "United States dollars" is a reference to the lawful currency of the United States. In these Terms and Conditions, unless otherwise specified, the exchange rate between United States dollars and Hong Kong dollars shall be 1 : 7.8;

(x) Where two or more individuals or legal persons comprise "you", a reference to "you" includes each and any two or more of them; and the obligations on "your" part bind them jointly and severally; and

(xi) save as expressly provided hereunder, if the date on or by which any act must be done on the part of ZONE or its staff under these Terms and Conditions is not a business day, the act must be done on or by the next business day.

ANNEX A - Call-Out service

The provisions contained in this Annex shall apply if Call-Out service has been ordered or requested for by you and/or agreed to be provided by or through ZONE, which provisions form part and parcel of these Terms and Conditions.


1. Limited emergency call service: You expressly acknowledge and agree that, unless and until ZONE is providing its Call-out or Call-In (Hong Kong) service to you in accordance with these Terms and Conditions, the ZoiPPE service does not and is not intended to support or carry emergency calls of any kind and that ZONE is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that, except and only except Call-out or Call-In (Hong Kong) service, it is not possible to support or carry emergency calls with the ZoiPPE service.

2. Fees: Fees for Call-Out services shall be calculated by multiplying the duration of the call by the applicable tariff. The duration of a call shall be based on one-minute increments (or 6-second increments as determined by ZONE from time to time). Fractions thereof will be rounded up to the next minute (or 6-second increment as determined by ZONE) for every call. During the call, fees incurred will be deducted automatically from your Account.

ANNEX B - Call-In service

The provisions contained in this Annex shall apply if Call-In service has been ordered or requested for by you and/or agreed to be provided by or through ZONE, which provisions form part and parcel of these Terms and Conditions.


1. Allocation of Call-In number: If you are eligible for a Call-In number, it will be allocated to you as soon as reasonably possible after ZONE has received your request thereto. In certain cases the Call-In number may be allocated to you by the Call-In number provider instead of ZONE, and in such cases you are required to enter into a separate agreement with or otherwise become bound by the terms and conditions from time to time promulgated by the respective number provider, in particular if you are residing in a jurisdiction which prohibits or restricts ZONE from allocating a PSTN number to you.

2. No transfer of property: You acknowledge and agree that the allocation and distribution of a Call-In number does not constitute any transfer of any property or other rights with regard to the numbers. All rights and title of Call-In numbers rest with ZONE at all times.

3. No guarantee: No guarantee shall be made by any party that the requested PSTN number can be allocated or distributed to you or that you can make use of Call-In service at all.

4. Refusal of Call-In number: ZONE is entitled, without any liability, to refuse, change or terminate any Call-In number or the allocation thereof at any time. Without limiting the generality of the foregoing, ZONE reserves the right to immediately withdraw the Call-In number allocated to you should you not comply with any provisions in these Terms and Conditions, the instructions given by ZONE, ZONE Staff, and/or their respective affiliates and third party suppliers, any applicable laws, rules and regulations and the requirements of the relevant national number plan.

5. Change of Call-In number: In the event that ZONE changes the Call-In number that has been allocated to you, you may, at any time prior to such change becoming effective, terminate your Call-In service in accordance with the provisions of these Terms and Conditions, with effect from the said change. Neither ZONE nor any of its Call-In number providers will be liable for any damages resulting from the change of Call-In number.

6. Compliance of Laws: You must comply with any reasonable instructions given by ZONE or the Call-In number provider with regard to the use of the Call-In numbers and you must comply with all applicable laws, rules and regulations and the requirements of the relevant national numbering plan.

7. Provision of information: You must promptly provide accurate and complete information with regard to your place of residence and your use of the Call-In service and/or Call-In number, and all such other information with regard to fulfilment of these Terms and Conditions, applicable laws, rules and regulations and the requirements of the national numbering plan, as may be required from time to time by ZONE or its Call-In number provider.

8. Limited emergency call service: You expressly acknowledge and agree that, unless and until ZONE is providing its Call-out or Call-In (Hong Kong) service to you in accordance with these Terms and Conditions, the ZoiPPE service does not and is not intended to support or carry emergency calls of any kind and that ZONE is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that, except and only except Call-out or Call-In (Hong Kong) service, it is not possible to support or carry emergency calls with the ZoiPPE service.

9. Indemnity: You agree to indemnify and hold ZONE and (as applicable) ZONE Staff, their respective affiliates and third party suppliers harmless against any and all third-party claims, actions, proceeding and costs, including attorney's fees, incurred by ZONE arising out of or relating to any inaccurate or incomplete information provided by you hereunder, your violation of the instructions given by ZONE or its Call-In number provider or to Your violation of any provision in these Terms and Conditions, any applicable laws, rules and regulations the requirements of the relevant national numbering plan.

10. Fees: Fees for Call-In shall be immediately accrued and deducted from your Account upon your subscription thereof defining the service period of your choice.

ANNEX C - Voicemail service,

The provisions contained in this Annex shall apply if Voicemail service has been ordered or requested for by you and/or agreed to be provided by or through ZONE, which provisions form part and parcel of these Terms and Conditions.


1. Fees: Fees for the Voicemail service shall be immediately accrued and deducted from your Account upon your subscription thereof defining the service period of your choice.

2. Limitations: ZONE may from time to time introduce, remove or amend limits of the use of the Voicemail including but not limited to message storage time, number of messages and message length.

ANNEX D - SMS service,

The provisions contained in this Annex shall apply if SMS service has been used by you and/or agreed to be provided by or through ZONE, which provisions form part and parcel of these Terms and Conditions.


1. Fees: Fees for the SMS service shall be immediately accrued and deducted from your Account upon your usage.

2. Limitations: ZONE may from time to time introduce, remove or amend limits of the use of the SMS service including but not limited to number of languages and/or characters, number of messages and message length.

3. Obligations: You shall ensure that the manner in which or the contents of any SMS message sent by or through you shall:-

(a) not contain any contamination or destructive properties;

(b) not corrupt or otherwise destroy any data or software contained on the service platform of ZONE or its third party suppliers;

(c) not in any way disrupt or interfere with any services provided by ZONE to other users of ZoiPPE service;

(d) not contain anything that is misleading, deceiving, obscene, offensive or defamatory against any person;

(e) not result in your use amounting to a breach of any laws or regulations or infringement of any rights of any third party or giving rise to any claim (whether in contract, tort or otherwise) by any person;

(f) not infringe any intellectual property or similar rights of any third party;

(g) not be illegal or unlawful and will not be in breach of any applicable law or code of practices as from time to time in force in Hong Kong; and

(h) not be obscene, offensive or defamatory against any person or would give rise to any claim (whether in contract, tort or otherwise) by any person.

4. Termination: Without prejudice to any provisions in the main body of these Terms and Conditions, if you send any unsolicited SMS messages to any person, ZONE reserves its right to terminate or suspend your Account immediately without prior notice to you.

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