China Mobile Phones and you, as the person placing an order with China Mobile Phones ("Subscriber"), hereby agree to the following terms and conditions ("Terms and Conditions") with respect to the provision Prepaid Sim Package (the "Service"). These Terms and Conditions are accepted by Subscriber upon placement of an order for Prepaid Sim Package and payment made, and constitute a binding and enforceable legal agreement between the parties.
(a) If Subscriber is an entity and not an individual, then the person accepting these Terms and Conditions represents and warrants that he/she has been properly authorized and empowered to do so on behalf of such entity.
(a) Subscriber will pay the package charges reflected on the Website at the time of the order. Subscriber will be responsible for the packagel charge plus shipping charge.
(b) Subscriber is responsible for Prepaid Sim Package Charges, shipping charges, order cancellation fees (if applicable), order revision fee (if applicable) , and charges for damaged or lost Prepaid Sim Package (if appliacable) through the end of the use period, whether or not Subscriber personally uses the Prepaid Sim Package. If Subscriber orders the Prepaid Sim Package and cancels the order (i) before shipping, Subscriber will be charged for an US$5 cancellation fee; (ii) 3 days after it is shipped to an address within Mainland China, Subscriber will be charged for an US$20 cancellation fee; (iii) 7 days after it is shipped outside of Mainland China, Subscriber has to return the Prepaid Sim Package by himself / herself and is responsible for the shipping fee for both return and outbound, and an US$30 cancellation fee, but if Subcriber fails to return the Prepaid Sim Package for whatever reason, China Mobile Phones, in its own discretion, has full right to decide whether or not to return part of your payment and how much should be returned.
3. Forms of Payment
By Paypal, Credit cards or Debit cards.
If you are in China and make payment via Paypal, Paypal may hold all your payments and suspend your account since Paypal may find that you used a foreign country IP address and suspect payment authorization which may not from you. Then, we suggest that you don't use Paypal while in China.
4. Delivery of Prepaid sim Package
(a) China Mobile Phones shall deliver the Package at its own risk to the address designated by Subscriber. The Package cannot be delivered to a Post Office Box.
(b) China Mobile Phones shall use reasonable efforts to deliver the Package by the requested delivery time. In the event the Package is delivered after the requested delivery date, Subscriber's one recourse is to not accep the Package and subcriber bear no any charge, and China Mobile Phones shall return to subscriber all the payment received from subcriber. Subscriber’s another recourse is to accept the Package and claim to get a partial refund or end the Package in a delayed period.
(c) Subscriber shall accept the Package when delivered on or before the requested delivery time. There will be no charge to the Subscriber for additional day(s), if they receive it early. If, for any reason, Subscriber fails or refuses to accept the Package when delivered on or before such date Subscriber shall be liable for the stated Package charges (as defined herein) and shipping charge.
(d) Subscriber shall immediately contact us if they didn't find the package.
(e) Subscriber shall examine the Package upon receipt and immediately notify China Mobile Phones if the Package is not in good working order at the time of receipt or is not the Package ordered.
5. Use of, Loss of and Damage to Prepaid Sim Package
(a) Before delivery, China Mobile Phones shall send Subscriber Use Tips, Shipping Tracking information & hotel collection instruction (for hotel delivery); Upon delivery to Subscriber, China Mobile Phones will provide FAQ Manual on the use of the Prepaid Sim Package.
(b) Subscriber agrees that they will use the Prepaid Sim Package for legitimate and legal purpose. If they use our service for any fraudulent or unlawful purpose, we may, without prior notice, restrict, suspend, or terminate the service, and they are responsible for any results as causes.
(c) Subscriber shall make sure the handset they are using is unlocked and compatible with the provider.
(d) Subscriber shall be responsible for the reasonable use Prepaid Sim Package. Subscriber agrees that overage of data, talk or text might suspend or terminate the service.
(e) In the event of any loss, damage, destruction, theft or disappearance of the Prepaid Sim Package subsequent to delivery to Subscriber, Subcriber shall immediately notify China Mobile Phones, China Mobile Phones has the liability to terminate the service within our reasonable response time and is not liable for any loss it caused.
(a) If the Prepaid Sim Package is not in working order when received by Subscriber or subsequently malfunctions, Subscriber shall notify China Mobile Phones immediately. Subscriber is responsible for all Charges incurred through the date Subscriber notifies China Mobile Phones that the Prepaid Sim Package is not working.
(b) So long as Subscriber is in compliance with these Terms and Conditions, China Mobile Phones will replace the Prepaid Sim Package within 3 days after it has been notified of the problem by Subscriber and China Mobile Phones will provide Subscriber with the similar Prepaid Sim Package (which shall constitute Prepaid Sim Package for purposes of these Terms and Conditions) for a period equivalent to the unexpired portion of the use period when the malfunction occurred.
(c) If China Mobile Phones finds that Prepaid Sim Package reported as faulty is in working order or is faulty as a result of violation of these Terms and Conditions, then Subscriber will pay the cost of collection and delivery of the replacement Prepaid Sim Package, in addition to any other Charges due hereunder.
China Mobile Phones will not provide a refund if the sim Card is not functional due to the handset Subscriber is using is locked or incompatible with the network.
(a) The use of the Prepaid Sim Package and all Service may be terminated or deactivated without notice by China Mobile Phones upon any of the following events: 1.China Mobile Phones has any reason to believe the Prepaid Sim Package was obtained by any misrepresentation or fraudulent mean. 2. a breach of any of these Terms and Conditions including the payment terms; or
(b) China Mobile Phones may also terminate these Terms and Conditions without any liability whatsoever in the event that Service is not available to China Mobile Phones or becomes unavailable for any reason.
9. Warranty, Disclaimer of Warranty, Limitation of Liability; Indemnity
(a) China Mobile Phones warrants that the Prepaid Sim Package will be in working order when it is delivered to Subscriber but is not liable for the performance of the Prepaid Sim Package or the operation of the network to which it is connected, it being acknowledged by Subscriber that Service may be temporarily interrupted (including internet interruptions), delayed or otherwise limited due to a variety of causes, including but not limited to transmission limitations, atmospheric conditions, system capacity limitations, network coverages, network or equipment failures.
(b) Subscriber shall be solely responsible for and shall indemnify and hold harmless China Mobile Phones against any and all claims, demands and liability, arising as a result of Subscriber's lease, possession, use, or misuse of the Prepaid Sim Package or the Service provided hereunder.
(c) China Mobile Phones will in no event be responsible , nor shall subcriber make any claim against China Mobile Phones, for any liability, claim, loss, inquiry, damage or expense of any kind (including lost profits) whether direct, indirect or consequential caused by the Prepaid Sim Package or the failure of the Prepaid Sim Package to operate correctly or at all, or delay, faultiness (such as degradation of service), failure of service or deactivation of service pursuant to these terms & conditions.
(a) These Terms and Conditions can only be modified by a writing signed by an officer of China Mobile Phones. Specifically, they cannot be modified by any China Mobile Phones representative over the phone or by email.
(b) The headings in these Terms and Conditions are for convenience of reference only and shall not affect the meaning or construction of the provisions contained herein.
(c) Subscriber's rights and obligations under these Terms and Conditions cannot be assigned or transferred by Subscriber, nor can they be modified or waived except by written instrument signed by China Mobile Phones or its authorized agent. These Terms and Conditions constitute the entire agreement between China Mobile Phones and Subscriber; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use of the Prepaid Sim Package or the Service, other than as set forth herein.
(d) China Mobile Phones is not liable for any lack of privacy which may be experienced with regard to the Service. Subscriber authorizes China Mobile Phones's monitoring of upload and downloads concerning Subscriber's usage.
(e) If the performance of any part of these Terms and Conditions by China Mobile Phones is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, terrorist attack, or any other causes beyond the control of China Mobile Phones, China Mobile Phones shall be excused from performance to the extent that it is prevented, hindered or delayed by such causes.