Macau Post EPCM Service Subscriber Agreement
THE APPLICANT MUST READ AND ACCEPT THE TERMS OF THIS SUBSCRIBER AGREEMENT (“SUBSCRIBER AGREEMENT”) BEFORE APPLYING FOR, ACCEPTING, OR USING EPCM SERVICE OF MACAO POST. IF EITHER THE APPLICANT OR THE SUBSCRIBER DOES NOT ACCEPT THE TERMS OF THIS SUBSCRIBER AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE THE MACAU POST EPCM SERVICE.
1. SUBSCRIBER OBLIGATIONS
By agreeing the application form and accepting EPCM Service Account, the Subscriber:
2. Macau Post RESPONSIBILITIES
Macau Post hereby agrees with each Subscriber to exercise a reasonable degree of skill and care in performing the obligations and exercising the rights it has as an EPCM Service Provider set out herein. Macau Post:
3. WARRANTIES
By agreeing the EPCM Service subscription terms and accepting EPCM Service Account issued under, the Subscriber warrants to Macau Post and anyone who relies on his document stamped with an EPCM that:
Macau Post warrants that:
4. DISCLAIMER OF WARRANTY
MACAU POST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MACAU POST DOES NOT MAKE ANY WARRANTY THAT THE SERVICE WILL MEET THE SUBSCRIBER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES MACAU POST MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MACAU POST’S SERVICE. MACAU POST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED BY THE SUBSCRIBER FROM A THIRD PARTY.
5. SEVERABILITY
If any term or provision of this Agreement is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
6. GOVERNING LAW
This Agreement shall be governed by the laws of Macao Special Administrative Region (“MSAR”). The parties agree that any disputes related to the services provided under this Agreement shall be governed in all respects by and construed in accordance with the laws of MSAR.
THE APPLICANT MUST READ AND ACCEPT THE TERMS OF THIS SUBSCRIBER AGREEMENT (“SUBSCRIBER AGREEMENT”) BEFORE APPLYING FOR, ACCEPTING, OR USING EPCM SERVICE OF MACAO POST. IF EITHER THE APPLICANT OR THE SUBSCRIBER DOES NOT ACCEPT THE TERMS OF THIS SUBSCRIBER AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE THE MACAU POST EPCM SERVICE.
1. SUBSCRIBER OBLIGATIONS
By agreeing the application form and accepting EPCM Service Account, the Subscriber:
- Agrees to be bound by the terms and conditions of this Agreement, as may be amended from time to time, which govern the use of EPCM Service offered by Macau Post;
- Agrees that the use of the EPCM Service is solely at his own risk;
- Agrees that no implied or express warranties are given by Macau Post in relation to the EPCM Service offered by Macau Post;
- Agrees to fully indemnify Macau Post for loss to any person or organisation arising from the failure to protect the security and integrity of his EPCM Service Account, or any breach or non-observance or non compliance of the terms and conditions of this Agreement;
- Agrees to take all prudent and necessary precautions to protect the confidentiality of his EPCM Service Account and all applicable activation data, and to assume full and sole responsibility for the consequences of any failure to take such precautions;
- Further undertakes that, in the event of his EPCM Service Account being compromised, or suspected to have been compromised, or any circumstance in which the EPCM Service Account should be suspended or deleted, shall immediately notify Macau Post as well as other parties that with him exchange information, or execute transactions using the EPCM Service;
- Agrees that all information and representations made by him and included in the EPCM Service Account are and will remain true and accurate during the operational period of the same; and Macau Post has the right to use such information in postal services.
- Agrees that all information supplied in the EPCM Service application process does not infringe in any way the trademarks, company name, or any intellectual property rights of any third party.
2. Macau Post RESPONSIBILITIES
Macau Post hereby agrees with each Subscriber to exercise a reasonable degree of skill and care in performing the obligations and exercising the rights it has as an EPCM Service Provider set out herein. Macau Post:
- Shall not be responsible for the contents of any transmission, message, or contract adopted by the Subscriber using a EPCM Service by Macau Post;
- Shall not be responsible for the use of the EPCM Service;
- Reserves its right to amend the provisions of this Agreement from time to time; and
- Further reserves its right to suspend or revoke the EPCM Service Account where Macau Post suspects a Subscriber EPCM Service Account is compromised, or such compromise is proven, or Macau Post is properly requested to do so in accordance with the rules and regulations governing the EPCM Service.
3. WARRANTIES
By agreeing the EPCM Service subscription terms and accepting EPCM Service Account issued under, the Subscriber warrants to Macau Post and anyone who relies on his document stamped with an EPCM that:
- All the information provided to Macau Post in the application is and will remain true and accurate during the operational period of the same;
- No application information provided (including e-mail address) infringes the intellectual property rights of any third parties;
- The application information provided (including e-mail address) has not been and will not be used for any unlawful purpose;
- Since the time of the EPCM Service Account, subscriber has been and will remain the only person possessing any challenge phrase, PIN, software, or hardware mechanism protecting his EPCM Service Account and no unauthorised person has had or will have access to the same; and
- Subscriber is using his/her EPCM Service Account exclusively for authorised and legal purposes consistent with the terms and conditions of this Agreement.
Macau Post warrants that:
- It will use reasonable care in the creation of the EPCM Service Account to ensure no errors introduced by itself in an EPCM Transaction;
- EPCM Services conform to the EPCM rules and regulations in all material aspects.
4. DISCLAIMER OF WARRANTY
MACAU POST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MACAU POST DOES NOT MAKE ANY WARRANTY THAT THE SERVICE WILL MEET THE SUBSCRIBER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES MACAU POST MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MACAU POST’S SERVICE. MACAU POST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED BY THE SUBSCRIBER FROM A THIRD PARTY.
5. SEVERABILITY
If any term or provision of this Agreement is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
6. GOVERNING LAW
This Agreement shall be governed by the laws of Macao Special Administrative Region (“MSAR”). The parties agree that any disputes related to the services provided under this Agreement shall be governed in all respects by and construed in accordance with the laws of MSAR.
