Please read the following terms before registering for Club Sim Service. By clicking “Agree” you are agreeing to be bound by this Club Sim General Terms and Conditions, the HKT Privacy Statement and any other terms and conditions, disclaimers or notices of Club Sim Service or as displayed on any Club Sim websites or mobile application (“Mobile App”) from time to time (collectively “Club Sim Terms”).
CSL Mobile Limitedreserves the right and sole discretion of interpretation in the event of any discrepancies between the Club Sim Terms. We may amend the Club Sim Terms at any time by publishing an updated version on any Club Sim websites or Mobile App. By continuing to use Club Sim Service, you will be deemed to accept the updated Club Sim Terms and be bound by them.
1.1 Club Sim Service and all related services (“Service” / “Club Sim Service”) is provided by CSL Mobile Limited(“we” / “us” / “ours”). It is a virtual self-serviced integrated platform for you to enjoy various features of the Service, such as Game Pack, Entertainment Pack, Travel Pack, Data Pack, Voice Call Pack and any other Service Pack as specified by us from time to time. (collectively “Service Packs” and each a “Service Pack”).
1.2 To be eligible for the Service, you must be at least 11 years of age and a member of The Club (a loyalty program operated by Club HKT Limited and subject to its terms and conditions (please visit www.theclub.com.hk for registration and terms and conditions).
1.3 Upon subscribing to the Service, you will automatically become a user of Tap & Go, a payment service operated by HKT Payment Limited and subject to its terms and conditions (please visit www.tapngo.com.hk).
1.4 You may subscribe to the Service via Club Sim website or our Mobile App.
1.5 To use the Service, you must obtain and activate Club Sim card by selecting and subscribe to a Service Pack on Club Sim website or Mobile App.
1.6 The Service may only be used on certain models of mobile phones and tablet devices. Please check and ensure that your device connected to the Service is compatible.
2.1 Capitalised terms are defined in this Club Sim General Terms and Conditions in Clause 19.
3.1 The term of the Service is effective on the date of activation of Club Sim card and continues for a period as specified in the Service Pack until expiry of the Club Sim card unless terminated earlier in accordance with this Club Sim General Terms and Conditions.
4.1 We agree to supply the Service to you, and you agree to acquire them from us, at the prices and the terms as stipulated our website and/or Mobile App at prevailing times.
4.2 We may substitute another Service Pack for the Service, by giving you prior notice, where the price of the substituted Service Pack is not greater than, and (in our reasonable opinion) the functionality is substantially the same as or better than, the Service Pack.
4.3 We may at any time do all such things that are necessary to the service features provided under a Service, the Sim Card, Equipment or Mobile Equipment to ensure the quality of a Service, including requiring you to use a password to access a Service.
4.4 You must ensure the information you provide to us is complete, true and up-to-date.
4.5 If you subscribe to a Service Pack, in addition to any other relevant Charges, you will be charged for the amount of data used.
4.6 You must use the Service in a fair manner. We will consider use of the Service as unfair if you or a third party uses the Service in any way which:
(a) is designed to exploit, or results in the exploitation of, an acceptable usage limit of the relevant Service Pack (as determined by us from time to time); or
(b) in our opinion, likely to cause or result in loss to us, problems to the Network or affects the storage capacity of another customer.
In such an event, we may reduce your usage to a level determined by us and/or charge you in accordance with the prevailing rate of the relevant Service Pack, or suspend or terminate the Service immediately without notice to you.
5.1 We will use due care and skill in providing the Service to you. However, given the nature of telecommunication systems (including our service’s reliance on systems and services that we do not own or control), we cannot promise that the Service will be continuous or fault-free.
5.2 The Service or Service Packs are provided on an “as-is” and “as available” basis without any express or impliedly warranty as to the accuracy, reliability, security, timeliness, fitness for particular purposes or non-infringement in relation to the contents of the Service or Service Pack. We will not be liable for any errors or omissions concerning any information or content provided by the Service or Service Pack, and will not accept any liability for any loss or damage arising from any use or reliance on the information delivered by the Service or Service Pack or inability to use the Service or Service Pack. You understand and agree to use the Service or Service Pack at your own risk.
6.1 You are responsible for:
(a) ensuring that all Mobile Equipment connected to the Service by you, or on your behalf, is technically compatible with the relevant Service and/or Service Pack and that the Mobile Equipment complies with and is used in accordance with all procedures notified by us or any Applicable Law;
(b) ensuring that you do not alter, tamper, reverse engineer, repair or attempt to repair the Service and/or Service Packs or cause, or allow, a third party to do any of these acts;
(c) selecting, supplying and maintaining your own Mobile Equipment or device;
(d) the content and security of any data or information which you send or receive using the Service;
(e) ensuring that the use of the Service is for personal and private use; and
(f) any use of the Service, by you or any third party, whether authorised or not.
6.2 You are responsible for any use of the Service (by you or another):
(a) that interferes or threatens to interfere with the efficiency of our network;
(b) to send or upload any content which is in our opinion to be obscene, offensive, abusive, menacing, harassing, threatening or inappropriate in any way;
(c) to breach another person's rights, including copyright or other intellectual property rights;
(d) to distribute any tool that may compromise or breach any security features or harm or interfere with the normal operations of any network facility or service;
(e) to send unsolicited commercial messages or contents;
(f) that may be unlawful, fraudulent, improper, unauthorised, harassing, discriminatory, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable manner;
(g) that may be harmful or detrimental to HKT Group Companies or its reputation; or
(h) that may encourage conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any Applicable Law.
6.3 Your responsibility regarding Equipment and/or Mobile Equipment:
(a) If you purchase Equipment and/or Mobile Equipment from a third party, you understand and agree that the Equipment and/or Mobile Equipment do not form part of our Service and you are responsible for any repairs to that Mobile Equipment.
(b) If we are unable to deliver all or any part of the Equipment and/or Mobile Equipment ordered due to any occurrence or circumstances beyond our control, we will have the right to cancel the order or the undelivered balance without any liability to you in respect of such cancellation.
6.4 You agree to comply with any applicable terms and conditions specified by Third Party Providers if you choose to use their information, Service Packs or Content services.
6.5 In providing access to such Third Party Provider information or Content services, you agree that we are not responsible or liable for:
(a) the act, negligence or omission of such Third Party Providers;
(b) your use of the information or Content services provided by such Third Party Providers; and
(c) the transaction or any dispute between you and such Third Party Providers.
7.1 The software (including any available from Club Sim website or our Mobile App and/or any third party software), documentation, interfaces, content, fonts and any data that came with your Service (“Original Software”), as may be updated or replaced by feature enhancements, software updates or system restore software provided by us (“Software Updates”), whether in read only memory, on any other media or in any other form (the Original Software and Software Updates collectively as the “Software”) are licensed, not sold, to you by us for use only under the terms of this Licence. We and our licensors retain ownership of the Software itself and reserve all rights not expressly granted to you. You agree that the terms of this Licence will apply to any of our Mobile App unless such app is accompanied by a separate licence, in which case you agree that the terms of that licence will govern your use of that app.
7.2 We, at our discretion, may make available future Software Updates. The Software Updates, if any, may not necessarily include all existing software features or new features that we release for newer or other models of devices. The terms of this Licence will govern any Software Updates provided by us, unless such Software Update is accompanied by a separate licence, in which case you agree that the terms of that licence will govern.
8.1 Club Sim website and/or our Mobile App set out the Charges you must pay us for the Service or Service Packs.
8.2 Unless otherwise provided, you must pay for the Service (including Service Packs) in advance of usage.
8.3 You may settle all Charges by a valid credit card, or Clubpoints, Tap & Go Payment Service (governed by terms and conditions of HKT Payment Limited, please see: www.tapngo.com.hk) or any other payment method as specified by us from time to time.
8.4. All currency reference are in Hong Kong dollars.
8.5 For all credit card transactions, you shall bear the price differences due to exchange rate and/or any other fees or charges incurred in connection with the relevant transaction.
8.6 Payments via credit card are subject to the terms and conditions of the card issuer.
8.7 No changes on the Service Pack will be accepted once you have pressed the “Subscribe” button on the Club Sim website or our Mobile App.
8.8. Unless otherwise specified, all Service or Service Packs subscribed from the Club Sim website or our Mobile App are non-cancellable and non-refundable.
8.9 Payment by Clubpoints is governed by the terms and conditions of Club HKT Limited (please see: www.theclub.com.hk/tnc).
9.1 The Club Sim Card we supply or provide to you for a Service remains at all times our property.
9.2 We may in our sole discretion replace free of charge for you any Sim Card we supply that is damaged due to normal wear and tear. We will charge you a replacement or repair fee for a Club Sim Card we supply or provide to you on loan as prescribed by us from time to time, if it is:
(a) damaged due to misuse, negligence or wilful damage on your part; or
(b) lost by, or stolen from, you.
9.3 You must contact us to arrange for your Service to be suspended in the event that your Club Sim Card is lost or stolen.
9.4 You remain responsible for all Charges connected with the lost or stolen Club Sim Card until we disconnect all Services to the lost or stolen Club Sim Card.
10.1. We will deliver the Club Sim card to your nominated address and accept orders for delivery in Hong Kong only. Club Sim cards may also be available for purchase or pick up (if applicable) at our designated outlets.
10.2. We will not accept any changes to the delivery method once the order has been confirmed.
10.3. We shall endeavour to arrange to deliver the Club Sim card at the delivery address designated by you. We reserve the right to revise any terms of services (including but not limited to the covered areas for delivery, delivery timeframe and/or the delivery fee) from time to time without prior notice.
10.4. In order to protect your interest and manage a complete record of such delivery, our employee or agent may request the designated recipient to produce the credit card which you used for the Order and your original ID Card or other identification document acceptable by us in person for verification of the name of such recipient, the duly completed authorisation (if applicable) and any other relevant documents for verification purpose upon delivery. We reserve the right to decline any delivery of the Club Sim card if we are not satisfied with the verification of the recipient and no reasons shall be given.
10.5. All dates quoted by us for the delivery of Club Sim Card are estimates only. In no event shall we be liable for any additional or increased cost, loss of profits or goodwill or any other special, incidental direct or indirect or consequential damages due to late delivery or non-delivery.
10.6. If you fail to take delivery of the Club Sim Card or any part of them more than 28 days of the order confirmation date or fails to provide accurate and clear delivery instructions, documents, consents or authorisations required to enable the Club Sim card to be delivered, we shall be entitled at our sole discretion, without giving any notice to the customer, cancel the order of the Service application. We may, at our sole discretion, refund the amount of the payment made by the customer after deducting an administrative surcharge of HK$100.
11.1 Automatic roaming service is available where we have a roaming arrangement with a telecommunications carrier in the relevant country or destination.
11.2 For those countries where an automatic roaming service is unavailable, if we offer an alternative roaming service, you may apply for such an alternative roaming service on such additional terms as we may specify from time to time.
11.3 In order to provide roaming services to you, we enter into arrangements with other service providers hence Charges for such services are subject to change from time to time without notice. We recommend that you check on our websites for the latest applicable Charges before you use such services.
12.1 We or a Third Party Provider may make a Service Pack available to you, provided that you:
(a) satisfy the eligibility requirements for the Service Pack (if any) specified by us from time to time; and
(b) follow the instructions given under each Service Pack as posted on our website and Mobile App or when we provide any password to you.
12.2 The rules, terms and conditions and eligibility requirements may vary according to the particular Service Pack and will be available from us from time to time on our websites or Mobile App.
12.3 We are not party to and are not otherwise involved in any manner in:
(a) any verification or authentication of any payment details provided by you to us when you access a Service Pack provided by a Third Party Provider;
(b) the provision of any credit to, or any payment collection function to or from, you or any other person;
(c) any arrangement for payment of any bill, or the settlement of any account between you and any third party;
(d) any transaction between you and a Third Party Provider;
(e) any dispute between a Third Party Provider and any person to or from whom data is transferred pursuant to this Agreement.
13.1 You are prohibited from sending unsolicited promotional Message to any other person except in accordance with this Clause and any Applicable Law.
13.2 If we receive a complaint from a recipient, governmental or regulatory authority about you sending unsolicited Message, then we may (in any order):
(a) notify you verbally or in writing of the complaint received by us;
(b) require you to respond to the complaint received by us and you must respond to us within three working days of receiving such notification; and
(c) block you from sending Message or suspend your Services until the complaint has been resolved.
14.1 We may without notice limit, cancel, terminate or suspend the provision of Service to you at any time:
(a) in the event of an emergency or in order to provide resources to emergency and other essential services;
(b) if the supply or use of a Service is or may be unlawful;
(c) if in our reasonable opinion the provision of a Service is liable to cause death or personal injury or damage to property; or
(d) if you die or loses legal capacity.
14.2 We may limit, cancel, terminate or suspend the provision of a Service at any time by notice to you:
(a) if there are technical difficulties or it is not feasible to provide the Service;
(b) if a third party supplier ceases to provide whatever necessary for us to provide the Service to you;
(c) if your use of a Service interferes with the efficiency of our network and you fail to rectify the situation within a reasonable timeframe;
(d) if you or any other person uses the Service in contravention of the Club Sim Terms or for any illegal or improper purpose, or you act in a way, which in our reasonable opinion, cause a nuisance or harassment to us or other customers;
(e) if you commit a breach, or we reasonably believe you are likely to commit a breach, of any of the Club Sim Terms;
(f) if we reasonably believe it is necessary to suspend a Service to:
(1) comply with an order, instruction, determination, statement, direction or similar pronouncement of a government or regulatory authority;
(2) carry out scheduled maintenance, repair or upgrading of a Service, or any equipment, facility or any part of the Network;
(3) eliminate or prevent fraud or interference with a Service;
(g) if we cease to provide all or part of the Service; or
(h) if an administrator, receiver, or liquidator is appointed to you, or you resolve to enter into any settlement, moratorium or similar arrangement for the benefit of your creditors, or you are unable to pay your debts when they are due.
14.3 Where provision of a Service has been cancelled, terminated or suspended under Clause 14.2(a), we may require you to pay a re-connection charge to re-connect a Service.
14.4 The Service (or any part thereof) or any Service Pack may be terminated without cause:
(a) by you giving to us not less than 30 days’ prior written notice; or,
(b) by us by giving to you not less than 7 days’ prior written notice,
14.5 If you have not subscribe to any Service Packs within 365 days from the date of expiry of your last Service Pack, your Club Sim card and Service will be permanently terminated and we have the right to re-allocate the relevant mobile telephone number to another customer without prior notice or compensation to you.
14.6 If you terminate the Service or your Club Sim expires, all benefits, credits and/or all remaining balance of any Rebate will be absolutely forfeited to us.
14.7 If for any reason the Service expires or terminates, Clauses 6 (Your responsibility) and 16 (Limitation of Liability) continue in full force and effect.
15.1 We collect, process, disclose, retain or use your Personal Data in accordance with the HKT Privacy Statement (please see: www.hkt.com/legal/privacy.html).
15.2 If we request Personal Data of yourself from you, you may refuse to provide the Personal Data. However, we may decline to provide the Service to you.
15.3 If you are under 18 years of age, we strongly suggest you obtain permission and consent from your parents / legal guardian and ensure you understand the purpose and effect of provision of any personal data to us prior to providing them to us.
15.4 You will, as soon as possible, inform us of any change of address or any other particulars provided to us which may affect our provision of Service to you.
16.1 We accept responsibility if you are injured or die as a result of our negligence in the provision of the Service. We will not exclude or limit this responsibility.
16.2 We also accept responsibility for loss or damage to your physical property arising from our negligence. We will only pay you up to HK$1 million for this loss or damage.
16.3 We will not be liable to compensate you for any consequential, indirect, special, punitive, economic, incidental, collateral or financial loss (including any loss of profits, goodwill, bargain or opportunities, or any loss or corruption of data, or any loss or anticipated savings or business, whether caused by negligence or otherwise and whether arising out of or in relation to or in connection with the Service or any failure to supply or delay in supplying the Service. We will not be liable to you for any losses and damages that you may suffer if you have used the Service we provide for commercial purposes.
16.4 Except as described in Clauses 16.1 and 16.2 and to such extent permissible by law, we will not pay more than the Contract Value in compensation (even if we have been negligent) for all our liabilities under the Service and any other goods or services we supplied or provided.
Entire Agreement
17.1 This Club Sim General Terms and Conditions constitutes the entire agreement about the Service between you and us.
Governing law
17.2 The Service is governed by the laws of Hong Kong Special Administrative Region of the People's Republic of China (“Hong Kong”). The parties submit to the exclusive jurisdiction of the courts of Hong Kong.
Interpretation
17.3 In this Club Sim General Terms and Conditions:
(a) a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(b) a reference to a party includes a reference to the party's executors, administrators, successors and assigns;
(c) the singular includes the plural, and vice versa; and
(d) "includes", "including", "for example", "such as" and similar terms are not words of limitation.
Variations
17.4 We may at any time vary any of this Club Sim General Terms and Conditions by giving written or electronic notice to you to that effect. For the avoidance of doubt, notice or other communication may be given to you in the form of a letter, email message, statement on our website or push notifications on our Mobile App, advertisement placed in a Hong Kong daily newspaper or any other method as determined as adequate by us. Such notice or communication will be deemed to have been received by you:
(a) in the case of a posted letter, 24 hours after posting;
(b) in the case of a notice or communication sent by electronic means, immediately after being transmitted by us or posted on our websites; and
(c) in the case of a newspaper advertisement, when the first publication of the newspaper is available for purchase.
Severability
17.5 If any clause or part of any clause is held by a court to be invalid or unenforceable, that clause or part of a clause is to be regarded as having been deleted from the Service and the Service otherwise remains in full force and effect.
Waiver of rights
17.6 A condition of the Service or a right created by it, may only be waived by a party by giving notice and the failure to exercise or any delay in exercising a right or remedy provided by the Service or by law does not constitute a waiver of the right or remedy.
17.7 A waiver of a breach of the Service does not waive any other breach.
17.8 You warrant that you have not relied on any representations or warranties by us other than those in the Service.
17.9 In the event of disputes of any Club Sim Terms, our decision shall be final, binding and conclusive.
Assignment
17.10 You must not assign or otherwise dispose of any of your rights or obligations under the Club Sim Terms (including the Number allocated by us to you) to any other party without the prior written consent of us. We may assign any or all of our rights or obligations under the Club Sim Terms (or any part thereof) to any third party at any time without your consent.
18 Third Party Rights
Save for the HKT Group Companies, no other person who is not a party to the Club Sim Terms has any right under the Contracts (Rights of Third Parties) Ordinance to enforce any terms and conditions and/or benefit of the Club Sim Terms.
19 Definitions
In this Club Sim General Terms and Conditions, unless otherwise indicated:
19.1 Affiliate means, in relation to an entity, any subsidiaries or holding companies of that entity and any subsidiaries of such holding companies (wherein the terms “subsidiary” and “holding company” shall have the same meaning as those defined under the Rules Governing the Listing of Securities on The Stock Exchange of Hong Kong Limited).
19.2 Administrative and Usage Based Charges means the administrative Charges (including but not limited to lost and replacement Charges) and usage based Charges (including but not limited to Charges for roaming and international SMS).
19.3 Applicable Law in relation to any person, action or thing means:
(a) any law, rule or regulation of Hong Kong or any country (or political subdivision of the country) which is applicable to a party;
(b) any obligation under any licence held by us in Hong Kong or any country (or political subdivision of the country);
(c) any lawful determination, decision, direction, guideline, statement or code of practice in Hong Kong or any country (or political subdivision of the country) which is applicable to a party; or
(d) any applicable international convention or agreement.
19.4 Application / Application Form means the Application or Application Form on our website, Mobile App, electronic application or other mechanism that allows you to acquire the Service.
19.5 Business Day means any day other than a Saturday, Sunday or a day which is a public holiday in Hong Kong.
19.6 Charges means all charges or fees relating to the provision of the Service by us to you including connection, surcharge, flag fall, monthly service, voice airtime, Mobile Data usage, Service Pack, roaming, registration, co-handling, Content, cancellation, reconnection, Mobile Service Licence and Administration Fee, thereafter charges and any other charge or fee (including amounts billed by us for and on behalf of a third party) as may be specified by us from time to time on our websites or any other method described in Clause 17.4.
19.7 Commencement Date means the start date of each of the Service Pack.
19.8 Content means any data, information, images, graphics, video or audio content, applications, downloadable files or other multimedia content that can be accessed using the Service.
19.9 Contract Value mean in relation to (a) the Service without a commitment period as subscribed you, the total Monthly Charges payable by you to us for the period from the Commencement Date to the date immediately preceding any incident giving rise to your claim; or (b) for the Service with a commitment period as subscribe by you, the total Monthly Charges for the commitment period payable by you to us.
19.10 Contracts (Rights of Third Parties) Ordinance means the Contracts (Rights of Third Parties) Ordinance (Chapter 623, the Laws of Hong Kong).
19.11 Equipment means the equipment and/or Mobile Equipment (if any) provided by us to make available the Service to you which excludes any equipment and/or mobile equipment belonging to you or any third party.
19.12 HKT Group Companies mean HKT Limited and its Affiliates (including but not limited PCCW Limited and its subsidiaries).
19.13 Licence means any software licence of CSL Mobile Limitedor third party providers.
19.14 Licence / Administration Fee means all fees payable from time to time to the Hong Kong Government and other third parties, including Operators, tunnel operators and railway companies and other administrative costs in connection with the use of the Service and, where applicable, Mobile Equipment in the manner specified by us from time to time.
19.15 Message means SMS, email, image or data transmission, other messages or communications, in whatever medium or context.
19.16 Mobile Data means any data or information transmitted to or received from the Network and/or roaming partner network for data services.
19.17 Mobile Equipment means a mobile radio telephone, other wireless device, access device or equipment to be used with a Service and includes a wireless or access device accessory.
19.18 My HKT means a customer service portal which allows users to manage some of their service(s) subscribed with the HKT Group Companies through a single login at My HKT (such as bill viewing, checking service plan and appointment details and online customer enquiries) provided and managed by HKT CSP Limited, a subsidiary of HKT Limited, under the terms and conditions of My HKT (please see: www.cs.hkt.com).
19.19 Network means our radio telecommunications network.
19.20 Number means a telephone number allocated by us to you for use with a Service.
19.21 Operator means a person holding a valid and operational unified carrier licence, mobile carrier licence, fixed carrier licence, fixed telecommunications network services licence, public radio communication service licence, services-based operator licence or mobile virtual network operator licence in Hong Kong other than us.
19.22 Personal Data has the same meaning given to it in the Personal Data (Privacy) Ordinance (Chapter 486, the Laws of Hong Kong).
19.23 Rebate means a rebate as described in the Application or as otherwise agreed by you and us from time to time.
19.24 Representative means any person acting for or on behalf of a party including any director, officer, employee, agent, contractor or professional adviser of that party.
19.25 Service / Club Sim Service means the Service, Telecommunications Service, including Equipment, Mobile Equipment, My HKT, The Club and/or any other goods where applicable, provided by us or HKT group to you and identified in the Application or other relevant documents.
19.26 Service Pack means various services and/or features of the Service (including any additional or ad hoc value added services) provided by us or Third Party Provider from time to time on such additional terms and conditions as may be specified by us and or Third Party Provider from time to time on our website/Mobile App in conjunction with the Service. In the event of inconsistencies between this Club Sim General Terms and Conditions and the terms and conditions of the relevant Service Pack, the latter prevail to the extent of such inconsistencies.
19.27 Service Plan User means the person identified as such on the Application.
19.28 Sim Card / Club Sim Card means a subscriber identity module card and includes a USim Card.
19.29 SMS means the service which allows a short message (including a multi-media message service) to be transmitted between persons using the Network or the Network and an Operator’s network.
19.30 Tap & Go / Tap & Go Payment Service means the virtual prepaid payment service provided by HKT Payment Limited and subject to its relevant terms and conditions (please see: www.tapngo.com.hk.
19.31 Taxes means a tax, levy, duty, charge, deduction or withholding, however described, imposed by law or a government agency, together with any related interest, penalty, fine or other charge.
19.32 The Club means a member loyalty program for designated customers of HKT Group Companies provided and managed by Club HKT Limited, a subsidiary of HKT Limited, under the terms and conditions of The Club (please see: www.theclub.com.hk/tnc).
19.33 Third Party Provider means any third party provider which provides information or Content service which is available for your access and use through the Service we provide.
19.34 Transaction means the act of subscribing to the Service or Service Packs by you from our website or Mobile App.
19.35 User means the person identified as such on the Application of the website and/or Mobile App.
19.36 We / Us means CSL Mobile Limitedor the relevant HKT Group Companies for your chosen Service as set out in the Application.
19.37 You means the person identified as the 'Name' on the Application or the person who uses our website/ Mobile App or subscribes to the Service or Service Packs.