Terms and Conditions of the HKGTA Patron Application
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY APPLY TO YOUR ACCESS AND USE OF THE HKGTA APPLICATION. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT DOWNLOAD AND USE THE HKGTA APPLICATION.
1. DEFINITIONS
The following words have the following meanings in these Terms and Conditions:
"Affiliates" means, with respect to any Person or entity, any other entity that, directly or indirectly, Controls, is Controlled by or is under common Control with such Person or entity. For the purposes of this definition, the term "Control" (including the terms "Controlling", "Controlled by" and "under common Control with") of a Person or entity means the possession, directly or indirectly, of the power: (i) to vote more than fifty percent (50%) of the voting interests of such Person or entity; or (ii) to direct or cause the direction of the management and policies of such Person or entity, whether through the ownership of voting interests, by contract or otherwise;
"Applicable Laws" means all or any statute, ordinance, rule, regulation, including the rules of any recognized stock exchange, order, decree, directive, requirement, code, notice or rule of common law, now or in the future in effect, and in each case as amended or re-enacted from time to time, and legislation supplemental to it, and any judicial or administrative interpretation of it by a governmental authority or otherwise, including any judicial or administrative order, determination, consent, decree or judgment of and in Hong Kong;
"HKGTA Patron App" means the HKGTA Patron Application operated by us;
"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials displayed on or available through the HKGTA Patron App;
"Feedback" has the meaning ascribed to it in paragraph 10;
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;
"Linked Site(s)" has the meaning ascribed to it in paragraph 8;
"Products and Services" means any products and services which may from time to time be available to be ordered, booked, requested, purchased or given away via the HKGTA Patron App and provided by us, our Affiliates or third parties (as applicable);
"Terms and Conditions" means these terms and conditions as amended from time to time and posted on the HKGTA Patron App;
"user" means any person who access the HKGTA Pateron App;
"we", "our" or "us" means Hong Kong Golf & Tennis Academy Management Company Limited;
"you" or "your" means users of the HKGTA Patron App.
2. SERVICES
The purposes and functions of the HKGTA Patron App include (without
limitation) for:
You may be provided with certain Products and Services by us, our Affiliates, or other third parties through the HKGTA Patron App from time to time. You agree that we are under no obligation to provide any of the Products and Services to you in or via the HKGTA Patron App, and we may revise, suspend, terminate, extend or reduce the scope of Products and Services to be provided to you in or via the HKGTA Patron App at any time. We will not be liable or responsible in any way for any such revision, suspension, termination, extension or reduction.
We are also not liable to you for our failure, or the failure of our Affiliates or any third parties, to provide any Products and Services in or via the HKGTA Patron App.
3. REGISTRATION AND USE OF THE HKGTA PATRON APP
To enable us to provide you the Products and Services available on the HKGTA Patron App, you are required to register online and indicate your acceptance of these Terms and Conditions.
You are responsible for the security of your password and we shall not be liable in the event that your password is disclosed, whether intentionally or not, so as to allow a third party access to your account to make transactions. In all circumstances, you shall be liable for all transactions made through your account.
The HKGTA Patron App is currently made available to you free of charge for your own personal and non-commercial use (though there may be charges for the Products and Services offered therein), but we reserve the right to charge for the HKGTA Patron App provided to you in accordance with these Terms and Conditions at any time and for any reason. If, at such time, you decide not to pay for the HKGTA Patron App provided to you, then we reserve the right to cease to allow your access to, and use of, the HKGTA Patron App without any liability or responsibility to you.
When ordering Products and Services from us, our Affiliates and/or third parties, depending on where you live, delivery to you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering Products and Services from us, our Affiliates and/or third parties, through the HKGTA Patron App, you are considered the importer of record and must comply with all Applicable Laws and regulations of the country in which you are receiving the Products and Services. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.
4. DATA PRIVACY
We are part of the New World Group and we adopt the New World Group Privacy
Policy Statement. You can find out more about our policy on personal data
protection by accessing the New World Group Privacy Policy Statement available
at https://nwd.com.hk/privacy-policy.
Where personal data is collected in connection with the HKGTA Patron App, you
will be provided with the relevant Personal Information Collection Statement,
which can also be found here, in which the collection and use of your personal
data will be further explained to you.
5. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and us
concerning your use of the HKGTA Patron App.
6. COVENANTS
You agree to use the HKGTA Patron App for your own
personal and non-commercial use only and you are solely responsible for all
Content whether publicly posted or privately transmitted by you in or through HKGTA Patron App.
As a condition of your use of the HKGTA Patron App, you agree that you will not use the HKGTA Patron App for any purpose that is unlawful or prohibited by any Applicable Laws or these Terms and Conditions and notices contained herein. Without limiting the generality of the foregoing, you further agree not to:
We reserve the rights from time to time, without notice, to observe and record your access to and use of the HKGTA Patron App to determine if you are complying with these Terms and Conditions.
7. MONITORING
We do not actively monitor the Content submitted, posted, transmitted or sent
by users to, on or through the HKGTA Patron App or
guarantee the accuracy, integrity or quality of such Content. However, we will
consider complaints concerning inappropriate Content on the HKGTA Patron App,
but we do not guarantee that we will take any action in respect of the same.
Furthermore, we reserve the right to remove or withhold, without warning, any
Content from the HKGTA Patron App or any
link to any website which we consider appropriate in our sole discretion. Under
no circumstances will we be liable in any way for any Content, including, but
not limited to, any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content submitted,
posted, emailed or otherwise transmitted via the HKGTA Patron App.
8. LINKS TO THIRD PARTY
WEBSITES
We may provide links to other sites or resources, including, but not limited
to, Products and Services offered
through the HKGTA Patron App but
provided by third parties ("Linked Site(s)"). We have no control over
the Linked Sites and we are not responsible for the content of any Linked Site
or any links contained in a Linked Site, or any changes or updates to such
sites, or any Products and Services provided
by third parties. We do not monitor the contents of the Linked Sites. We are
not responsible for webcasting or any other form of transmission received from
any Linked Site. We are providing these links to you only as a convenience, and
the inclusion of any link does not constitute any endorsement, approval or any
form of association by us of the Linked Site, its operator or the Products
and Services offered therein. Where a Linked Site advertises, sells or contains
any products or services information (including, but not limited to financial
products or services information), we expressly declare that we do not endorse or
approve any such products or services as appearing on that Linked Site or any
other web site which the Linked Site may link to. You agree that we shall not
be responsible or liable for any loss, liability or damage of any kind incurred
as a result of the use of the goods or services or the content of any Linked
Site.
9. DISCLAIMERS &
LIMITATION OF LIABILITY
THE HKGTA PATRON APP IS PROVIDED BY US ON AN
"AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR
AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE) AS TO THE OPERATION OF THE HKGTA PATRON APP
OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE CONTENT OR
PRODUCTS AND SERVICES INCLUDED ON THE HKGTA PATRON APP (WHETHER
BY US, OUR AFFILIATES, OR ANY THIRD PARTIES). INFORMATION PROVIDED IN THE HKGTA PATRON APP IS FOR REFERENCE ONLY. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, BUT
NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES AS TO:
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE HKGTA PATRON APP OR OTHERWISE, IS RE-DELIVERY OF DEFECTIVE PRODUCTS OR RE-PERFORMANCE OF DEFECTIVE SERVICES BY US, OUR AFFILIATES OR ANY THIRD PARTIES (AS APPLICABLE) IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT AND SERVICES OFFERED THROUGH US, OUR AFFILIATES, OR ANY THIRD PARTY, OR THE HKGTA PATRON APP. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY AFFILIATE OR ANY THIRD PARTY.
FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR THE PROVISION OF ANY PRODUCTS AND SERVICES INCLUDED ON THE HKGTA PATRON APP BY OUR AFFILIATES OR ANY THIRD PARTIES. ANY USE OF THE PRODUCTS AND SERVICES AS PROVIDED BY OUR AFFILIATES OR ANY THIRD PARTIES SHALL CONSTITUTE A SEPARATE CONTRACT AS BETWEEN YOU AND SUCH AFFILIATES OR THIRD PARTIES, AND THEY WILL PROVIDE SEPARATE TERMS AND CONDITIONS IN RELATION TO THEIR PROVISION OF THEIR PRODUCTS AND SERVICES TO YOU, AND OTHERWISE IN RELATION TO THEIR ENGAGEMENT WITH YOU.
Without limiting any exclusion specifically provided for in these Terms and Conditions we shall in no event be liable for any costs, damages or liability for:
You will exercise and rely solely on your own judgment in using the HKGTA Patron App or ordering, booking, requesting or purchasing the Products and Services, whether from us, our Affiliates, or any third parties. In no event shall we or our Affiliates be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the HKGTA Patron App, even if we have been advised of the possibility of such damages including without limitation, unauthorized access using your username and password or transmission of Content or any transactions entered into through the HKGTA Parton App. You specifically agree that neither we nor our Affiliates shall be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that neither our Affiliates nor we shall be responsible for the Content sent out using and/or included in the HKGTA Patron App by any third party.
The limitation of liability contained in these Terms and Conditions will apply to the fullest extent permitted by Applicable Law. For the avoidance of doubt, nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by our negligence.
We make no representation that materials on the HKGTA Patron App are appropriate or available for use in any other jurisdictions, and accessing the HKGTA Patron App from locations where its operation are illegal is prohibited. Those who access the HKGTA Parton App from other locations do so at their own discretion and are solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the Internet and online conduct.
10. INTELLECTUAL PROPERTY
The HKGTA Patron App together with all Content
made available as part of HKGTA Patron App is
our property or is licensed by us and is protected by copyright, trademarks,
service marks, patents or other proprietary rights and laws. Our licensors and
we own copyright in the selection, co-ordination, arrangement and enhancement
of such Content, as well as in the content original to it. You may not modify,
publish, transmit, redistribute, participate in the transfer or sale of, create
derivative works of, or in any way exploit, any of the Content, in whole or in
part. You may only download such part of the Content as is expressly permitted
to be downloaded from HKGTA Patron App for the
use specified and for your own personal and non-commercial use only. You have
no rights in or to the Content and you will not use the Content, except as
permitted under these Terms and Conditions.
Except as otherwise expressly permitted by us and the copyright owner by written permission and/or under applicable copyright law, no modification, copying, redistribution, uploading, retransmission, publication or commercial exploitation of downloaded material will be permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any change to or deletion of author attribution, trademark, legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") in connection with HKGTA Patron App without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
11. PARTICIPATION IN
PROMOTIONS OF ADVERTISERS
Any dealings you may have with any advertiser on HKGTA Patron App or your
participation in promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or
representations associated with such dealings or promotions, are solely between
you and the advertiser or other third party. Neither we nor our Affiliates
shall be responsible or liable for any part of any such advertisement dealings
or promotions.
12. INDEMNITY
To the maximum extent permissible by Applicable Law, you agree to indemnify and
hold us and our Affiliates, licensors, officers, directors, agents, representatives,
employees and any third party information providers, harmless from and against
any losses, claims, liabilities, damages, actions, demands, costs and expenses
(including all legal fees), incurred or suffered by us in connection with or
arising from your breach of these Terms and Conditions and/or your use of HKGTA Patron App or the Products and Services offered
therein. We may, if necessary, participate in the defence of any claim or
action and any negotiations for settlement. No settlement that may adversely affect
our rights or obligations shall be made without our prior written approval. We
reserve the right to assume exclusive defence and control of any such claim or
action.
13. LEGAL COMPLIANCE
You shall comply with all Applicable Laws regarding your use of HKGTA Patron
App. We recommend that you seek legal advice on your own account if you are not
sure what Applicable Laws comprise.
14. TERMINATION
Without prejudice to any other rights we may have, we may terminate your use of
and access to any part or all of HKGTA Patron App or
any related service(s) at any time with immediate effect without any notice and
in our sole discretion for any reason, including without limitation:
Upon termination, you must destroy all material obtained from HKGTA Patron App and any copies thereof. If you wish to terminate your use of part or all of HKGTA Patron App, your only recourse is to discontinue the use of HKGTA Patron App.
15. MODIFICATIONS TO TERMS
AND CONDITIONS
We reserve the right to change these Terms and Conditions or any policies
regarding the use of HKGTA Patron App at any
time and to notify you by posting an updated version thereof on HKGTA Patron
App. You are advised to regularly review these Terms and Conditions and the
applicable policies. Your continued use of HKGTA Patron App
after any such posting of the revised Terms and Conditions or
policies amounts to your conclusive acceptance of such revised Terms and
Conditions or policies. If any such revision is unacceptable to you, you must
terminate use of HKGTA Patron App immediately.
We reserve the right to interpret these Terms and Conditions and decide on any
questions or disputes arising under these Terms and Conditions. You agree that
all such interpretations and decisions shall be final and conclusive, and
binding on you as a user of HKGTA Patron App.
16. MODIFICATIONS TO
SERVICE
We reserve the right at any time and from time to time to modify, suspend or
discontinue, temporarily or permanently, HKGTA Patron App
(or any part thereof) with or without notice. You agree that we
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of HKGTA Patron App or
any part thereof.
17. GOVERNING LAW &
JURISDICTION
HKGTA Patron App (excluding Linked Sites)
is hosted by us from our office in Hong Kong. By accessing HKGTA Patron App,
you agree that these Terms and Conditions shall be governed by and construed in
accordance with the laws of Hong Kong without giving effect to any principles
of conflicts of laws, provided that we reserve the right to pursue civil or
criminal proceedings in any jurisdiction having control over you or your
assets. You also agree to submit to the non-exclusive jurisdiction of the Hong
Kong courts.
18. NO AGENCY
You and we are independent, and no agency, partnership, joint venture, trustee,
beneficiary, employee-employer or franchiser-franchisee relationship is
intended or created by your use of HKGTA Patron App.
19. SYSTEM AVAILABILITY
We do not guarantee uninterrupted, continuous or secure access to HKGTA Patron App. Part or the entire HKGTA Patron App may be
unexpectedly unavailable for whatever duration and for various reasons that may
include system malfunctions and disruptions, Internet access downtime and other
technical problems beyond our control for which we cannot and shall not be held
responsible. You agree that your use of HKGTA Patron App
is at your own risk and that you will not hold us responsible for
any damage or loss caused by your inability to use HKGTA Patron App
for any reason whatsoever. We reserve the right to take any part
or all of HKGTA Patron App offline
for various reasons including urgent system maintenance or upgrading, in which case
we will try to give you notice in advance if possible.
You acknowledge that the terms of any agreement with your respective mobile network provider ("Mobile Network Provider") will continue to apply when using the HKGTA Patron App. As a result, you may be charged by your Mobile Network Provider for access to network connection services for the duration of the connection while accessing the HKGTA Patron App or any such third party charges as may arise. You accept responsibility for any such charges that arise.
The HKGTA Patron App is available to handheld mobile devices running Apple iOS or Android Operating Systems. In order to use the HKGTA Patron App, you are required to have a compatible mobile smartphone or handheld device, Internet access, and the necessary minimum specifications ("Software Requirements"). If your device cannot meet the Software Requirements required by the HKGTA Patron App, you may not be able to access the HKGTA Patron App. We shall not be liable for your inability to access the HKGTA Patron App as a result of not meeting the Software Requirements.
20. PARTIAL INVALIDITY
The illegality, invalidity or unenforceability of any provision of these Terms
and Conditions under the law of any jurisdiction shall not affect its legality,
validity or enforceability under the laws of any other jurisdiction nor the
legality, validity or enforceability of any other provision.
21. WAIVER
No waiver of any breach under these terms of use will amount to a waiver of any
other breach. No
failure or delay by us to exercise any right or remedy provided under these
Terms and Conditions or by law shall constitute a waiver of that or any other
right or remedy, nor shall it prevent or restrict the further exercise of that
or any other right or remedy. No single or partial exercise of such right or
remedy shall prevent or restrict the further exercise of that or any other
right or remedy.
22. GENERAL PROVISIONS
To assist you in understanding these Terms and Conditions, unless the context
otherwise requires, these Terms and Conditions should be interpreted using the
following rules: