Terms and Conditions

 

This “Birdie Travel” mobile app (hereafter: “Mobile App” or “App”) or website www.birdie.com.hk (hereafter: “Website” or “Site”) are provided to you by Birdie Mobile Limited (hereafter: “Birdie”, “we”, or “us”). These Terms and Conditions (hereafter: “Terms”) apply to all customers, including persons who access this Mobile App or Website (hereafter: “Customers” or “you”). Please read these Terms carefully before you access or use this Mobile App or Website.

 

1. Agreement
1.1 By using this Mobile App or Website, you acknowledge that you have read and understood the Terms set out below and agreed to be bound by these Terms, our Privacy Policy (at www.birdie.com.hk/birdiehome/en/privacy-policy), all applicable laws and regulations and responsible for compliance with any applicable local laws. If you do not agree unconditionally with any of these Terms, you have no right to use this Mobile App or Website. By the use of the service, you agree with all the Terms. The materials contained in this Website or Mobile App are protected by applicable copyright and trade mark law.
1.2 We may periodically amend these Terms. As you are bound by these Terms, please review our Website or Mobile App periodically.

 

2. Birdie Travel SIM Products and Services
2.1 Birdie Travel SIM (hereafter: “Travel SIM” or “SIM card”) only provides data roaming service outside Hong Kong. It does not support voice and SMS service for the time being.
2.2 Unless otherwise specified, one Day Pass is deducted every day for each country or region. A day is defined as 00:00 to 23:59 local time of the visiting country (capital) or region.
2.3 Unless otherwise specified, this SIM card provides 4G network data usage. For details of the network coverage, please refer to our Mobile App or Website.
2.4 Day Passes are only deducted on the day when you use the data service. You do not have to use multiple Day Passes on consecutive dates.
2.5 Unless otherwise specified, one Day Pass is deducted for each region visited on the same day. Exception: no more than two Day Passes are deducted each day for European countries.
2.6 Unless otherwise specified, when your daily data usage reaches 300MB, data speeds are capped at 128kbps but you can continue to use the data service.
2.7 This SIM card supports the data tethering function, but not peer-to-peer applications (P2P), FTP file sharing and webcam applications.
2.8 Travel SIM card works on mobile phones, tablets, iPads (except the WiFi model) and pocket WiFi devices (WiFi eggs). The actual service performance and data transmission speed may vary due to many factors, including but not limited to, the network traffic, model of the handset/device, setting (including device hardware and software), upload/download content and other external factors.
2.9 We recommend users to disable the software auto-update function, and use free WiFi for activities that require high data usage.
2.10 Travel SIM supports Nano, Micro and Normal formats. It is compatible with most mobile phones.
2.11 Travel SIM data service can be used on networks of operators with which we have an agreement for mobile data services. The number and coverage of network are subject to change and update without any prior written notice.
2.12 Charges for our products and services are denominated in Hong Kong Dollars.
2.13 The current charges including price lists, plans for products and services are published on our Mobile App and Website. We may amend the charges from time to time without any prior notice.
2.14 If we fail to provide specified products and services according to the buying summary due to the lack of inventory or other reasons, the charges for the products or services will be refunded to the Customer. We shall not accept any other responsibilities.
2.15 Customers should follow our instruction to register / purchase the products and services. Upon order acceptance and confirmation by us (or our designated agent), customers are required to make payment and the purchase shall then be completed.

 

3. Day Pass Valid Period and Purchase new Day Passes
3.1 Day Passes must be used within the specified valid period or will otherwise expire. The SIM card will also become invalid by then.
3.2 Customers can add Day Passes to specified SIM cards. Please refer to our Mobile App or Website for details.
3.3 Unless stated otherwise, the SIM card’s validity will be reset to 365 days after a New Day Pass is added. You can retain the SIM card for future use.
3.4 We will not replace any invalid SIM card or give any refund if the Customer fails to use the Day Passes within the valid period.

 

4. Fair Usage Policy
4.1 To ensure that all customers receive fair and equitable services at all times, a Fair Usage Policy (FUP) may be in place in accordance with the business practices of the telecommunications service provider (the local in-country wireless network carrier or operator in the roaming region).
4.2 If a FUP is in place, the telecommunications service providers commonly apply a cap on the amount of wireless data when an individual customer has exceeded a certain amount of data within a specified time period. Data service continues without speed throttling or data capping, but access to network resources will be given lower priority and data service experience may be affected. It may limit the transfer of a specific amount of data over a period of time, which can result in a throttle down (slow down) of the connection speed.
4.3 Upon excessive usage, the telecommunications service providers may, at any time, cease, suspend or alter the network quality, where we shall not intervene. During peak periods (concurrent use of network resources by a large number of users), your mobile data experience may be intermittently affected, which shall be alleviated once the usage returns to normal.
4.4 Telecommunications service provider reserves the right to change their service models and policies (including FUP) without notice.
4.5 No refund or discount will be given if the above circumstances occurred. Termination of service may apply if customer downloads continuously or if your usage impacts other users.

 

5. Limitation of Services
5.1 The use of our products and services are only eligible and limited within the country or region specified. We do not guarantee our products and services can be used outside of the specified countries or regions. Any costs incurred from such use would be the sole responsibility of the customer. The use of our services outside Hong Kong may be subject to laws and regulations of the country you are visiting. You are required to comply with those laws and regulations; we are not liable for your non-compliance.
5.2 Our telecommunications service providers (as defined in Clause 4.2) generally have good coverage within their respective countries or regions, however, this may vary according to each national provider’s systems (including services and systems beyond our control), especially at remote areas. We do not guarantee the continuity and stability of the services.
5.3 The availability and coverage of the network vary depending on customer’s location. The quality of the services depends in whole or in part on your mobile phone and mobile device, the network and other factors.
5.4 The services might be adversely affected if too many people try to use the network at the same time; by physical features (such as buildings etc); and by atmospheric conditions or other causes of interference.
5.5 We do not guarantee that connections will not be lost; that the transmission of data will occur at any particular speed or time; that all traffic can or will be transmitted by the network; or that there will be absolute protection of its network against unauthorised access or interception.

 

6. Acceptance of Orders
6.1 All orders of the product or service placed by the Customers shall be subject to our acceptance. We have the right to refuse to accept or reject any order of the product or service without giving prior notice to the Customer.
6.2 The acceptance of orders is subject to the availability of stocks. In case of shortage of the products, we may allocate sales and deliveries at our sole discretion.
6.3 We only accept orders for delivery of products or services in Hong Kong.
6.4 The Customer must satisfy the following requirements:
a) age 18 or above;
b) be able to provide valid and correct personal and payment data, including, but not limited to, the Customer’s email address, billing address, delivery address, name, contact telephone number, billing information, and other information required by our Mobile App or Website.
6.5 We are not liable for any loss or damages as a direct or indirect result of any of the following circumstances:
a) the Customer information has been seen or obtained through other means by a third person when the Customer is making online payment due to his or her negligence or omission;
b) the Customer fails to provide complete, correct or accurate information during the online payment process;
c) other reasons related to the specified payment method; or
d) other reasons related to the devices or browsers used by the Customer.

 

7. Delivery
7.1 All dates quoted by us for pickup / delivery of products are estimates only.
7.2 If the purchased products are deliver by local surface mail of Hong Kong Post, there will be no tracking number to track the shipment. The Customer shall bear all risk of loss or delay in transit.
7.3 Birdie shall not be liable if delivery or pickup of the product is delayed or unsuccessful, due to, including without limitation to any of the following reasons:
a) incorrect information provided by the Customer (for example, incorrect delivery address or contact information);
b) no one is available to receive the product when it is delivered;
c) fault due to a third party courier; or
d) other circumstances that are beyond our reasonable control.
7.4 We reserve the right not to deliver the product to a specific address, even if it is a Hong Kong address.
7.5 Unless otherwise specified, the Customer is required to pay a specified delivery fee for delivery of the product to the address specified by the Customer. The exact delivery fee will be subject to the designated address provided by the Customer and the delivery fee may vary from time to time.
7.6 Customer may be required to pay an additional delivery fee if the Customer did not provide the correct delivery address.
7.7 We reserve the right to revise any terms of the delivery service (including but not limited to the covered areas for delivery and the delivery fee) from time to time without prior notice.
7.8 We will not accept any changes to the delivery method once the order has been confirmed.
7.9 Any title, right, or risk in the product shall transfer to the Customer upon the physical delivery of the product to the address identified by the Customer in the online order form, regardless whether the Customer is the designated recipient of the delivery. Notwithstanding the foregoing, title of the product / service which are software products shall remain with the applicable owner(s) / licensor(s).

 

8 Replacements and Refund
8.1 The Customer must follow the guidelines specified by us on the use of the products or services. If there are any problems arising from the use of the products or services, we may arrange a replacement depending on the circumstances. We reserve the right of the final decision.
8.2 No refund shall be given under any circumstances. In case of disputes, we reserve the right of the final decision.

 

9 Warranty
9.1 The information sheet of the products may indicate that there is a supplier warranty.
9.2 Where a supplier warranty applies to the product, the Customer shall send the product or parts thereof directly to the relevant supplier for repair or replacement in accordance with the terms of the supplier warranty. We shall not be liable for any product related liabilities that are caused by the supplier’s error, negligence, or omission. All product related liabilities shall be solely borne by the suppliers.
9.3 All express or implied warranties, representations or statements relating to the product or service which are not contained in this agreement are excluded.
9.4 The warranty period of the product and accessories shall start from the date of purchase. The warranty shall continue notwithstanding any transfer of ownership of the product/accessory item.
9.5 The Customer’s sole and exclusive remedy during the warranty period shall be limited to repair or replacement.
9.6 The warranty will be rendered invalid if the defective product or accessory item or any part thereof is caused by (1) undue wear and tear, (2) negligence, omission or mishandling of the product or accessory item; or (3) alteration or repair made without our authorisation. We may at the Customer’s request carry out the repair or replacement work not covered by the warranty but subject to the Customer paying us the prevailing charges (which are subject to change from time to time) for such services.

 

10 Personal Information Collection Statement
10.1 Customers must ensure that the personal information provided to us is update, complete and accurate in all respects.
10.2 In compliance with the requirements of the Personal Data (Privacy) Ordinance, we will comply with the obligations and requirements of the Ordinance, proper handling and management of personal data of the user.

 

11 Amendment of Terms and Conditions
11.1 We reserve the right to amend these terms and conditions at any time without prior notice. In case of disputes, we reserve the right of the final decision.
11.2 We reserve the right to refuse the supply of the products and services. All provision of our products and services must comply with these Terms, and the Customer must read and fully agreed with the Terms before the execution of the purchase.
11.3 We may at any time carry out necessary maintenance to the Website, Mobile App, and/or our products and services to ensure the quality of service to all customers.

 

12 Disclaimer
12.1 We shall not be responsible for any damages and losses suffered by any party due to errors caused by our telecommunications service provider (as defined in Clause 4.1).
12.2 We shall not be responsible for any failure or setting errors to customer’s mobile devices caused by failure to access the internet services.
12.3 We shall not be responsible to short-circuit or fire, casualties and losses to the Customer resulting from any inappropriate, carelessness, use or misplacement of mobile devices by the Customer. We advise customers to pay attention and use the devices with care.
12.4 You agree that if the SIM Card is lost, stolen, damaged or destroyed or used without your authority, we shall have no obligation to make a refund to you of the credits left on your account.
12.5 We may modify or suspend the services, wholly or partially, without notice where such modification or suspension is deemed necessary by us (e.g. for maintenance, upgrading, security, emergency or other valid reasons). All reasonable efforts shall be made to minimise such service disruptions; however, some interruption may be inevitable. We will notify you where and as soon as it is practicable to do so.
12.6 We may, from time to time and without notice, change the products and service in order to comply with applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature or scope of the products and service or the charges. We do not represent and warrant that the products themselves nor the operation of the services (or related products or services, including those of third parties) will be uninterrupted, timely, secure or error-free or that it will meet your specific requirements.
12.7 The quality and availability of the products and services are subject to certain limitations and circumstances beyond our reasonable control including, but not limited to, physical, geographic and atmospheric conditions.

 

13 Intellectual Property Rights
All software and contents (defined here as any texts, audios, music, images, photos and pictures, or any contents containing the above) of this Website and Mobile App are our intellectual property works and hence are protected by intellectual property rights, copyrights laws, and international conventions. Our Website and Mobile App are for personal use only and not for commercial use. Content of the Website can be used only when our explicit authorisation and/or our third party licensor is obtained. No content of the Website can be published in print or online media, reproduced, sold, or licensed without our consent or authorization. Any unauthorised act may result in civil liabilities or criminal sanctions.

 

14 Governing Laws
This agreement will be construed in accordance with the laws of Hong Kong and the parties agree to the exclusive jurisdiction of the Hong Kong courts in the event of any dispute.

 

15 Limitation of Liability
15.1 We exclude all liability or responsibility for any cost, claim, damage or loss to the Customer or any person whether direct or indirect of any kind including loss of revenue, loss of profits or any consequential loss in contract, tort or under any statue or otherwise (including negligence arising out of or in any way related to this Agreement). Save that nothing herein shall limit our liability for death or personal injury arising from our negligence.
15.2 We will use our reasonable endeavours to ensure that the contents and product / service in this Website/ Mobile Application are accurate and complete but cannot guarantee that all the contents and product / service descriptions are accurate, complete, updated and free of error. We shall not be liable for any errors of information posted in our Mobile App and Website. We shall have the right to, from time to time, modify or correct any errors or omissions in the Website/ Mobile App or in any product sales materials, quotations, orders or other materials without incurring any liability.
15.3 Price of a product and the savings under different promotional offers may vary. We do not guarantee that the price shown in shopping trolleys of this Mobile App or Website the best price that the Customer can get for the product.
15.4 Any items in product photos but not stated in “In the Package” are for illustration only and must be purchased separately.
15.5 Colour and photo of products displayed on our Mobile app and Website are for reference only.
15.6 The stock of premiums associated with purchase of product will be subject to availability and will be given on a first come first served basis
15.7 We shall not be held liable for any delay or failure in our performance or any breach of contract which was directly or indirectly caused by any of the following reasons: acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, trade embargo, strike, labor dispute, equipment failure (including without limitation, Internet access failure) or other factors beyond our reasonable control.
15.8 We do not guarantee that the servers of providing support to our Mobile App and Website do not contain viruses or other harmful components. Customers must ensure that they adequately protect themselves and any of their equipment, software, and data by taking appropriate steps such as using up-to-date antivirus and firewall software.
15.9 We reserve the right to modify and revise all terms and conditions herein contained from time to time without prior notice.
15.10 We reserve the right to withdraw or modify any services from time to time without prior notice. If this Mobile App or Website becomes unavailable for use at any time or a period of time for whatever reasons, we shall in no circumstances be liable.
15.11 In case of disputes, our decision shall be final and conclusive.

 

16 Governing Version
In the event of any discrepancy between the English and Chinese versions of the above terms and conditions, the English version shall prevail.

 

Version: 05/11/2018