Secure Electronic Postal Box Subscription Agreement
YOU MUST READ CAREFULLY THE TERMS AND CONDITIONS OF THIS SUBSCRIPTION AGREEMENT (HEREINAFTER AGREEMENT), BEFORE APPLYING FOR, ACCEPTING OR USING A CTT SECURE ELECTRONIC POSTAL BOX. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS SUBSCRIPTION AGREEMENT, DO NOT APPLY FOR, ACCEPT OR USE A CTT SECURE ELECTRONIC POSTAL BOX.
By submitting, sending or presenting Secure Electronic Postal Box request, subscriber recognizes having read and understood the terms and conditions of this Agreement and have full and complete aknowledge of the obligations and liabilities subscribers and relying parties are subject to.
1.1 Secure Electronic Postal Box is an electronic postal box application, provided for free by CTT, which enables the holder to receive, through electronic and secure ways, electronic messages, and use other associated functions and services.
1.2 Secure Electronic Postal Box uses the electronic system of CTT.
1.3 Subscription of Secure Electronic Postal Box implies full acceptance, without any restrictions, of the Subscription Agreement.
2.1 Secure Electronic Postal Box is provided after the respective registration, identity authetication and activation have been completed.
2.2 The use of certain associated functions and services of Secure Electronic Postal Box, for free or in return for payment, as the case may be, may depend on the conclusion of new agreements, with different procedures, terms and conditions, whereupon the right to use Secure Electronic Postal Box does not automatically assure the right to use any other associated function or service.
2.3 Except in case of previous elimination by the subscriber, all electronic messages are stored in Secure Electronic Postal Box for at least three years, counting from its reception, and CTT reserves the right to delete electronic messages from that date on.
2.4 CTT reserves the right to unilaterally fix and amend the capacity limit of each electronic message and the storage capacity of the Secure Electronic Mail Box.
2.5 If subscriber is an organization, the organization is considered as the author and responsible for any acts and actions practiced, and for goods and services acquired, or contacts concluded, in sequence of the use of Secure Electronic Postal Box.
3. SUBSCRIBER OBLIGATIONS
By applying and accepting a Secure Electronic Mail Box, the subscriber:
3.1 Accepts to be bound by the terms and conditions of this Agreement and its possible amendments.
3.2 Accepts to use Secure Electronic Postal Box according to the applicable legal and regulatory provisions, and exclusively for authorized and licit purposes.
3.3 Accepts that Secure Electronic Postal Box is intended for his own use.
3.4 Accepts that the use of Secure Electronic Postal Box is for his own responsability, even in case it is used by third parties, with or without authorization.
3.5 Accepts to take all prudent and necessary precautions to protect the confidentiality of the Secure Electronic Postal Box password, username and activation data, and to take complete and sole responsability for all consequences that may arise from any failure to take such precautions.
3.6 In addition, undertakes to immediately inform CTT and the other parties with which has exchanged informations or electronic messages through Secure Electronic Postal Box, in case Secure Electronic Postal Box is compromised or if there is the suspicion that it is compromised, or in any circumstance that it must be suspended or cancelled.
3.7 Accepts to use Secure Electronic Postal Box in a way not to disturb, affect, threaten, interfere, damage or harm the normal functioning of the system and its normal use by third parties.
3.8 Accepts to indemnify CTT for all losses and damages, including the ones caused to any person or organization, that result from the lack of protection of security and integrity of his Secure Electronic Postal Box password, username and activation data, or from the use of Secure Electronic Postal Box, as well as from any other infringement, non-observance or non-compliance of the terms and conditions of this Agreement and the applicable legal and regulation provisions
3.9 Accepts that all information provided by him in Secure Electronic Postal Box subscription process, including the ones related with representations, are and will remain true and accurate during the operational period of it, compromising to immediately inform CTT in case of changes.
3.10 Accepts that all information provided in Secure Electronic Postal Box subscription process does not infringe in any way the trademarks, company names, or any intellectual property rights of any third parties, and that were neither will be used for ilicit purposes.
4. RESPONSIBILITY OF CTT
CTT compromises to use an adequate level of skill and care in exercising of its obligations as the provider of Secure Electronic Postal Box. CTT:
4.1 Is not responsible for the contents of any transmission or electronic messages received through Secure Electronic Postal Box. CTT is not responsible for any acts and actions carried out, goods and services acquired to third parties, or contracts concluded, in sequence of the use of Secure Electronic Postal Box.
4.2 Is not responsible for the use of Secure Electronic Postal Box by the subscriber or any third party, with or without authorization.
4.3 CTT reserves the rigth to unilaterally review and amend the provisions of this Agreement at any time and without prior notice. In that case, the previous version will be replaced by the new one in the site of Secure Electronic Postal Services of CTT, and the date of the revision or amendment will be indicated in the new version.
4.4 Is not responsible for any damages resulting from the use of Secure Electronic Postal Box by the subscriber or third parties, with or without authorization, including the damages which may result from the access and use of other sites of other entities externally connected to CTT electronic system. CTT is not responsible, as well, before the subscriber and third parties that use Secure Electronic Postal Box, with or without authorization, for any problems related with the availability, access, alteration, and contamination of those sites, including the contents and the electronic messages contained on those sites, and for any damages that may result from it.
4.5 In addition, reserves the right to suspend or cancel the Secure Electronic Postal Box when subscriber infringes, does not observe or does not comply with the terms and conditions of this Agreement and the legal and regulatory applicable provisions, when suspects that Secure Electronic Postal Box is compromised, when the compromise is proven, or when is duly required to do so.
5.1 By accepting the subscription terms and conditions of Secure Electronic Postal Box, subscriber warrants to CTT and to any other person or organization that relies in his Secure Electronic Postal Box, that:
5.1.1 From the moment of his Secure Electronic Postal Box activation, is and will be the only person to have any password, username and activation data that protect it and no one non authorized had or have access to it.
5.1.2 Use his Secure Electronic Postal Box exclusivelly for authorized and licit purposes, consistent with the terms and conditions of this Agreement.
5.2 CTT warrants that uses the adequate diligence in the creation of Secure Electronic Postal Box, as well as in the operation of the electronic system, in order to assure that there are not made, by its own, any mistakes on performing the respective operations.
6. PERSONAL DATA
6.1 Subscriber’s personal data obtained in the subscription process are processed and stored in a CTT’s database and are intended to be used in the scope of this Agreement.
6.2 Subscriber authorizes CTT to use subscriber personal data provided in the Secure Electronic Postal Box subscription agreement, in the scope of other physical and electronic services of CTT, without prejudice of, at any time, manifest the contrary.
6.3 CTT warrants the compliance of the legal rules related to personal data protection.
6.4 Subscriber recognises and agrees that is aware of all contents of the Personal Data Recollection and Treatment Policy Declaration and that accepts it entirely and without reserves.
6.5 In compliance with a legal obligation, personal data may be communicated to the competent entities.
6.6 Subscriber has the right of access, rectification, amendment and updating of his personal data stored by CTT.
7. DISCLAIMER OF WARRANTY
CTT EXPRESSLY DISCLAIMS ALL AND ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLICIT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CTT DOES NOT MAKE ANY WARRATY THAT SECURE ELECTRONIC POSTAL BOX MEETS THE SUBSCRIBER REQUIREMENTS AND EXPECTATIONS, OR THAT THE PROVISION IS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SECURE ELECTRONIC POSTAL BOX OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH CTT. CTT IS NOT RESPONSIBLE NOR ASSUMES ANY COSTS IN RESPECT TO ANY GOODS OR SERVICES PURCHASED BY THE SUBSCRIBER FROM THIRD PARTIES OR CONTRACTS CONCLUDED BETWEEN THE SUBSCRIBER AND THIRD PARTIES.
If any provision of this Agreement is declared invalid or unenforceable, in whole or in part, that provision will not affect the remainder of this Agreement, which is deemed amended to the extent necessary to make this Agreement valid, enforceable, and, to the maximum extent possible, consistent with the applicable law and with the original intentions of the parties; the remaining provisions will remain in full force and effect.
9. GOVERNING LAW AND JURISDICTION
9.1 The law applicable to this Agreement is the one of Macao Special Administrative Region of Macao (MSAR).
9.2 For any disputes related to the interpretation, validity or execution under this Agreement, it is competent MSAR’s jurisdiction, with express waiver of any other.
In case of any inconsistency or descripancy among the versions of this Agreement in Chinese, Portuguese or English languages, it prevails the Chinese language.