MTR
Terms of Use
WELCOME TO MTR SHOPS-TS MOBILE APPLICATION. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AS THEY APPLY TO YOUR USE OF THIS APPLICATION. BY ACCESSING THIS APPLICATION AND ANY RELATED ONLINE/DIGITAL PLATFORMS , YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS THIS APPLICATION AND DO NOT USE THE MOBILE APPLICATION SERVICE.
1. DEFINITIONS
The following words have the following meanings in these Terms of Use:
"affiliates"
in respect of any company, any holding company of such company, all subsidiaries of such holding company and all companies or bodies corporate in respect of which any such holding company or the company holds an interest equal to or greater than 20% of the voting or capital rights in that company or other body corporate;
"Applicable Laws"
has the meaning ascribed to it in paragraph 10;
"Content"
all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials displayed on or available through the Application;
"Feedback"
has the meaning ascribed to it in paragraph 8;
"Hong Kong"
the Hong Kong Special Administrative Region of the People"s Republic of China;
"Terms of Use"
these terms of use as amended from time to time and posted in the Application;
"user"
any person who accesses the Application;
"MTR Corporation”, “we”, “our”, or “us"
MTR Corporation Limited, a corporation established in Hong Kong having its principal office at MTR Headquarters Building, Telford Plaza, Kowloon Bay, Kowloon, Hong Kong;
"Application"
Means the (MTR SHOPS-TS) mobile application operated by MTR Corporation that provides news, notices, services and information from us and our relevant subsidiaries and/ or affiliates ; and
"you”, “your"
users of the Application who are tenants of MTR Corporation in train stations (“Tenants”) or staff members of STATION RETAIL of MTR Corporation (“SR”).
2. FUNCTIONS OF THE APPLICATION
The Application was designed for the purposes of facilitating (a) the handover and takeover services pursuant to the tenancy agreements between Tenants and MTR Corporation (“Handover/Takeover”); (b) the communication between the Tenants and MTR Corporation relating to, including but not limited to report of repair, tenant and safety information, application for renovation/site work and E-form, (collectively “Application Functions”).
For each relevant Tenant, we will assign a user account with designated user name and password. Once you log in with the designated user name and password, you may access the functions relevant to you.
For each relevant staff member of SR, we will assign a user account with designated user name and password. Once you log in with the designated user name and password, you may access the functions relevant to you.
You shall follow instructions and directions which may be given by us from time to time on whether, when and how the Application may be used and we have the sole and absolute discretion to determine the same.
If you encounter any issues, problems or questions when using the Application, you should immediately inform us. It will be in our sole and absolute discretion to determine how to resolve the issues, problems or questions which may include but not limited to ceasing to use the Application.
3. DATA PRIVACY
For information about our privacy policies and practices, please refer to our Privacy Policy Statement.
4. COMPLETE TERMS OF USE
These Terms of Use, our Privacy Policy Statement, our letter/email to you enclosing the designated user names and passwords and your acknowledge of receipt of the same (including the Personal Information Collection Statement), which are hereby incorporated herein by this reference, represent the complete agreement between you and us concerning your use of the Application.
5. COVENANTS
You agree to use this Application for the purposes of the Application Functions only and you are solely responsible for all Content whether posted or transmitted by you on or through this Application (including without limitation photographs taken as part of your request for repair, and information submitted as part of your application for renovation/site work) and shall ensure the accuracy, appropriateness and quality of the Content. You acknowledge that the purpose of posting or transmitting the photographs/information is for using the Application Functions and will not include unnecessary or inappropriate materials in the Content provided by you (including without limitation any images of individuals or any information which are not necessary nor relevant).
As a condition of your use of the Application, you agree that you will not use the Application for any purpose that is unlawful or prohibited by any applicable laws or the terms, conditions, and notices contained herein. Without limiting the generality of the foregoing, you further agree not to:
a. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;
b. post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;
c. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
d. post, publish, transmit, reproduce, distribute or in any way exploit any Content obtained through the Application except for the purpose of using the Application Functions;
e. upload, post, publish, transmit, reproduce, or distribute in any way, any component of the Application itself or any Content obtained through the Application which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission;
f. transmit, post or upload any Content that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment through this Application;
g. transmit, post or upload any Content protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
h. interfere with or disrupt networks connected to the Application or violate the regulations, policies or procedures of such networks;
i. attempt to gain unauthorised access to the Application, computer systems or networks connected to the Application, through password mining or any other means;
j. interfere with other user’s use and enjoyment of this Application, or other individual’s or entity’s use and enjoyment of similar services;
k. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Application are able to type, or otherwise act in a manner that negatively affects other users" ability to engage in real time exchanges;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
We reserve the rights from time to time, without notice, to observe and record your access to and use of the Application to determine if you are complying with these Terms of Use.
6. LINKS TO THIRD PARTY WEBSITES
We may provide links to other sites or resources ("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. 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 imply endorsement by us of the Application or any association with its operator. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any Linked Site.
7. DISCLAIMERS & LIMITATION OF LIABILITY
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 Application.
This Application 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, expressed or implied, as to the availability or operation of this application or the accuracy, adequacy or completeness of the content included on this application. To the full extent permissible by application law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to any representations or warranties as to:
a. The availability of the application (or any services therein) or that it will be uninterrupted or error-free, or that defects will be corrected;
b. The accuracy, adequacy or completeness of any content on the application;
c. The use or exercise of reasonable care and skill in providing any services or information on or through the application or the timeliness of such services or information provided in the Application;
d. Non-infringement of any third party intellectual property rights; or
e. The Application being free of computer viruses or other harmful elements.
Our entire liability and your exclusive remedy with respect to the Application or otherwise, is re-performance of defective services 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 law. We do not endorse, warrant or guarantee any materials offered through us or out Application.
Without limiting any exclusion specifically provided for in these Terms of Use we shall in no event be liable for any costs, damages or liability for:
a. the failure, or alleged failure, of any function of the Application or provision of any services therein;
b. the breach, or alleged breach, of any warranty, express or implied, relating to the Application;
c. any act or failure to act of any of our employees thereof; or
d. any unauthorized use of the Application or breach of security relating to the Application.
You will exercise and rely solely on your own judgment in using the Application. In no event shall we 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 Application, even if we have been advised of the possibility of such damages including without limitation, unauthorised access using your Username and Password or transmission of Content or any transactions entered into through the Application. 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 we nor our affiliates shall be responsible for the Content sent out, used and/or included in the Application by any third party.
8. INTELLECTUAL PROPERTY
The Application together with all Content made available by us as part of the Application is our property or is licensed to 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 this Application for the use specified only. You have no rights in or to the Content and you will not use the Content, except as permitted under these Terms of Use.
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 or other 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 the Application 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.
9. INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees), incurred or suffered by us in connection with or arising from your breach of these terms of use and/or your use of the Application. 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.
10. LEGAL COMPLIANCE
You shall comply with all applicable laws, statutes, ordinances and regulations (whether or not having the force of law) ("Applicable Laws") regarding your use of the Application.
11. TERMINATION
We may terminate your use of and access to any part or all of this Application 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:
a. if you breach these Terms of Use;
b. if we are unable to verify or authenticate any information you provide to us;
c. if we believe that your actions may give rise to liability of any nature; or
d. if we deem your action unsuitable or inappropriate.
Upon termination, you must destroy all material obtained from this Application and any copies thereof. If you wish to terminate your use of part or all of the Application your only recourse is to discontinue the use of the Application and you shall inform us of the same.
12. MODIFICATIONS TO TERMS OF USE
We reserve the right to change these Terms of Use or our Privacy Policy or Personal Information Collection Statement or any policies regarding the use of the Application at any time and to notify you by posting an updated version thereof in this Application. You are responsible for regularly reviewing the Terms of Use and the applicable policies. Continued use of this Application after any such posting amounts to your conclusive acceptance of such revised Terms of Use or policies. If any such revision is unacceptable to you, you must terminate use of this Application immediately. We reserve the right to interpret these Terms of Use and decide on any questions or disputes arising under these Terms of Use. You agree that all such interpretations and decisions shall be final and conclusive, and binding on you as a user of the Application.
13. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (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 the Application or any part thereof.
14. GOVERNING LAW & JURISDICTION
This Application is hosted by us from our office in Hong Kong. By accessing this Application, you agree that any claim relating to this Application shall be governed by the laws of Hong Kong without giving effect to any principles of conflicts of laws. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
15. NO AGENCY
You and we are independent, and no agency, partnership, joint venture, trustee, beneficiary, or franchiser-franchisee relationship is intended or created by your use of the Application.
16. SYSTEM AVAILABILITY
We do not guarantee uninterrupted, continuous or secure access to the Application. Part or the entire Application 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 the Application is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use the Application for any reason whatsoever. We reserve the right to take any part or all of the Application offline for various reasons including urgent system maintenance or upgrading, in which case we will try to give you notice in advance if possible.
17. PARTIAL INVALIDITY
The illegality, invalidity or unenforceability of any provision of these Terms of Use 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.
18. WAIVER
No waiver of any breach under these terms of use will amount to a waiver of any other breach.
19. GENERAL PROVISIONS
To assist you in understanding these Terms of Use, unless the context otherwise requires, these Terms of Use should be interpreted using the following rules:
a. words importing one gender include the other genders;
b. words importing the singular shall include the plural and vice versa;
c. references to paragraphs, are references to paragraphs in these Terms of Use;
d. expressions defined in the main body of this Terms of Use bear the defined meaning in the whole of this Terms of Use;
e. a right granted or reserved may be exercised from time to time;
f. headings are for ease of reference only and shall not affect the interpretation of these Terms of Use;
g. any reference to a person shall include that person"s successors, representatives and permitted assigns; and
h. in the event that there is any inconsistency between the English and Chinese version of these Terms of Use, the English version shall prevail.
Mar 2021
Privacy Policy Statement
("PPS")
1.Your privacy
MTR Corporation Limited ("MTRCL", "we ", "our " or "us") respects your legal rights of privacy when collecting, storing, using, processing and transmitting Personal Data and this PPS explains our privacy practices. We are legally required to comply with the Personal Data (Privacy) Ordinance (Cap. 486) of the Laws of the Hong Kong Special Administrative Region when collecting, holding, using and/or processing your Personal Data. In doing so, we will ensure compliance by our staff to the strictest standards of security and confidentiality.
Please read the following carefully to understand our policy and practices regarding how your Personal Data will be collected, treated and processed. By providing your Personal Data to us, you are consenting to this PPS and the collection, use, transfer, storage and processing of your Personal Data as described in this PPS.
If there is any inconsistency between the English and Chinese version of this PPS, the English version shall prevail.
We adopt in this PPS the defined terms of the Terms of Use of MTR Shops-TS mobile application.
2.Collection of Personal Data
Depending on the types of Application Functions you use, we may collect from you:
"Personal Data" means any personally identifying data which we may collect from you when you are using the MTR Shops-TS Mobile Application and include without limitation names; email and postal addresses; phone number, from which it is practicable for the identity of an individual to be directly or indirectly ascertained.
The following are the common situations when we may collect and store your Personal Data, although these situations are not exhaustive:
registration for a tenant or using the Application Functions as a tenant of our train station shops;
using and/or browsing our mobile applications;
reporting the defects at a particular shop premises or by posting, uploading, creating or otherwise generating any content and/or information, including any artistic, musical, literary, sound recording, film and/or any type of work on the Application;
request for assistance in connection with your shop premise and use of the Application; and
application for renovation/site work in your shop premise.
When using the Application Functions, you may submit Personal Data of other persons (e.g. name and phone number of renovation workers). By your submission of any other persons’ personal data, you agree and confirm that you have already notified and obtained the relevant permission/consent from those persons for your use and submission of their personal data for our handling and use of their personal data and records in accordance with the terms of this PICS. If you have not obtained such permission/consent, please do not provide any data of those persons to us. You shall remain responsible for your dealings with the personal data of those other persons. For the purpose of this PICS, the reference to “your Personal Data” shall include personal data of any other persons that you may from time to time provide to us under or in connection with the Application.
3.Purposes for which we will use your Personal Data
The purposes for which we may use your Personal Data will vary depending on the type(s) of the Application Functions you use. Such purposes will be stated in the Personal Information Collection Statement (“PICS”), application form, terms and conditions, mobile application relevant to your provision of Personal Data to us. If you fail to supply the Personal Data required, we may be unable to use the specific Application Function in full.
We will not use or provide third parties your Personal Data for direct marketing without your consent.
4.Disclosure and Transfer of Personal Data
In cases where we do collect Personal Data from you, we will:
(i) tell you (by way of a PICS or by a separate notification) that we are doing so and any purpose of use that we will make of such Personal Data we collect; and
(ii) where relevant, give you the opportunity to object to particular use of your Personal Data.
We will take all practicable steps to keep your Personal Data confidential but we may disclose, transfer and/or assign such data to the following parties:
(i) if MTRCL decides to sell, merge and/or re-organise any part of its business, to any actual or proposed assignee, transferee or successor of or to MTRCL"s rights in respect of your Personal Data;
(ii) any agent, adviser, auditor, contractor or third party service provider who provides administrative, telecommunications, computer, payment, fraud prevention, insurance, data processing and/or other services to us in connection with the operation of our business and/or the relevant Application Functions that you seek to use, and/or who otherwise processes Personal Data for and on our behalf; and
(iii) any person (including without limitation government authorities, regulatory or administrative bodies or law enforcement agencies) to whom MTRCL is under an obligation to make disclosure under the requirement of any law binding on MTRCL or for the purposes of any guidelines or codes of practice issued by regulatory or other authorities with which MTRCL is expected to comply, or such parties who are authorized by law to request information from MTRCL.
We may also disclose and/or transfer your Personal Data in the manner as stated in the Personal Information Collection Statement and/or any terms and conditions relevant to the Application Functions you use.
5.Third Party Materials and/or Links/Platforms in the Application
The Application may contain third party materials and/or third party links/platforms. Please refer to those third parties’ privacy policies to protect your own privacy.
In the event that we receive your Personal Data (if any) from any of those third parties, we will treat your Personal Data so obtained in the same manner as our own collection, use and handling of your Personal Data subject to the provisions of this PICS.
6.Use of application settings and usage tools
When you access or use the Application, we may use cookies, beacons and/or other available unique application settings and usage tools to identify your device and browsing activities for operating, managing and improving the Application. In order for the Application to work properly, it is not possible to disable these tools. If you do not agree to our use of these tools, you should not use the Application.
7.Security and Storage
Except as mentioned in paragraph 4 above, your Personal Data, however stored, will be accessed only by our employees or contractors who are authorised to do so. Where Personal Data is stored electronically, it will be kept on a secured server and will be encrypted and/or password-protected (or under some equivalent form of protection) and accessible only by authorised personnel of MTRCL or its contractors. The network transmission of Personal Data will also be protected by using the SSL protocol. Personal Data are treated as confidential information by MTRCL and all employees and contractors designated to handle Personal Data will be instructed to do so only in accordance with this PPS.
8.Use of Personal Data in legal proceedings
If it becomes necessary that we have to take action against you for any reason whatsoever including recovering from you any money you owe us, you expressly agree that the Personal Data provided by you can be relied upon in identifying and taking legal action against you.
9.Your right to access and correct Personal Data
You may at any time request access to and correct Personal Data relating to you in any of our records. You may also ask us to delete you or your Personal Data from any active mailing or distribution list. To exercise any of your rights, you could contact us at the address or email below marking your communication "Confidential ". In response, we may ask you to provide certain details about yourself so that we can be sure you are the person to whom the data refers. We are required to respond to your requests within 40 days. We may also charge you a reasonable fee for complying with any data access request.
Any requests (i) for access to data or correction of data; (ii) for general information regarding our policies and practices with respect to Personal Data; and (iii) about the kinds of Personal Data that we hold; and/or general questions and complaints relating to this PPS should be addressed to the person below:
MTR Corporation Limited
Personal Data Privacy Officer
Legal – General Department
(Marked Confidential)
Address: MTR Headquarters Building
Telford Plaza, Kowloon Bay
Kowloon, Hong Kong
email: PDPO@mtr.com.hk
10.Retention of Personal Data
Personal Data provided by you are retained for as long as the purposes and any directly-related purposes for which such data were collected continue. Once it is not necessary to use the Personal Data to fulfil such purposes (and directly-related purposes), they are then destroyed within a reasonable time unless their retention is required to satisfy legal, regulatory or accounting requirements or to protect the MTRCL"s interests.
This PPS is subject to change. Any changes will be posted in the Application. Your continued use of our Application after the posting of such changes indicates your acceptance to the same.
Mar 2021
CardApp Limited
CardApp Limited makes no warranty, statement or representation, express or implied, with respect to the accuracy, availability, completeness or usefulness of herein, and in so far as permitted by law, shall not have any legal liability or responsibility for any loss, damage, or injury which may result, whether directly or indirectly, from the supply or use of such application and information.
The “Cloud-based Interactive Community” makes use of the “Push Notification Service” provided by JPush. CardApp Limited does not guarantee the successful or timely reception.
All fares for public transportation listed in this App are adult Octopus Card fares for single journey.
Download or use of this App may consume wireless data. The user should be aware of and be responsible for the fees caused.
Merchants have their own applicable terms and conditions, in relation to their goods and services, and you agree (and shall) abide by those terms and conditions. It is your responsibility to ensure that any products, services or information available meet your specific requirements.
CardApp Limited takes measures to ensure that all personal data submitted through “Cloud-based Interactive Community” is handled in accordance with the relevant provisions of the Personal Data (Privacy) Ordinance.