PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY APPLY TO YOUR USE OF SkyeHi APPLICATION. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT DOWNLOAD AND USE SkyeHi APPLICATION.

1. DEFINITIONS

The following words have the following meanings in these Terms and Conditions:

“Applicable Laws” means all or any statute, ordinance, rule, regulation, including the rules of any 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, regulatory authority or otherwise, including any judicial or administrative order, determination, consent, decree or judgment of and in Hong Kong;

“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials displayed on or available through SkyeHi APP;

“Hong Kong” means the Hong Kong Special Administrative Region of the People's Republic of China;

“Management Company”, “we”, “our” or “us” means ISS EastPoint Property Management Limited (including, where the context permits, any or all of its subsidiaries);

“Privacy Ordinance” means the Personal Data (Privacy) Ordinance (Cap. 486, Laws of Hong Kong);

“Services” means any services, facilities, events, activities and privileges provided or arranged by the Management Company which may from time to time be available to be ordered, booked, requested, purchased or given away via SkyeHi APP;

“Terms and Conditions” means these terms and conditions as amended from time to time and posted on SkyeHi APP;

“SkyeHi APP” includes each of the mobile version and the website version of SkyeHi application;

“user” means any person who accesses or uses SkyeHi APP;

“you, your” means any user.

2. SERVICES

You may obtain, request or apply for the Services through SkyeHi APP, including but not limited to the handover and defects follow up services, property management services, notifications and facilities booking services.

You agree that we are under no obligation to provide or arrange for any of the Services requested or applied by you through SkyeHi APP, and we may revise, suspend, terminate, extend or reduce the types or scope of the Services as we consider appropriate from time to time. We are not liable for any delay or failure in providing or arranging for the Services.

3. DATA PRIVACY POLICY

3.1 Pledge

We recognize and understand that users are concerned about the privacy of personal information. We pledge to comply with the applicable requirements of the Privacy Ordinance. This Clause 3 outlines our data privacy policy and practices in relation to your personal data collected on or through SkyeHi APP.

3.2 Purposes and Uses of Personal Data Collected

The objective of SkyeHi APP is to facilitate provision of Services to owners, residents and other users of SkyeHi, including but not limited property management services. We may use your personal data for providing, operating and maintaining SkyeHi APP and the Services.

3.3 Personal Information Collection Statement

Please read the Personal Information Collection Statement (“PICS”) that is accessible in SkyeHi APP before providing your personal data on or through SkyeHi APP. The PICS sets out the purposes for which your personal data may be used and other matters relating to the Privacy Ordinance.

3.4 Kinds of Personal Data collected

We may collect the kinds of personal data necessary for providing SkyeHi APP and the Services such as your name, e-mail address, mailing address and contact number.

3.5 Accuracy of Information

You may be requested to provide to us certain personal data (particularly relating to your contact information) for specific Services. If you fail to provide up-to-date and accurate information as requested, the provision of such Services may be affected.

3.6 Retention of Information

We will retain your personal data for a period no longer than necessary for the fulfillment of the purposes for which the data is to be used, subject to any Applicable Laws.

3.7 Security of Information

The physical records of your personal data will be stored in secured places with restricted access. The electronic records of your personal data will be stored in our servers located in secured places and protected by adequate IT security measures. Only our authorized personnel (who have been trained to handle your personal data properly and bound by a duty of confidentiality) will have access to these records and servers on a “need-to-know” and “need-to-use” basis.

No data transmission over the internet or any other public network can be guaranteed to be completely secure. You are responsible for taking reasonably practicable precautions to safeguard the security of your computer and mobile device and your personal identification number, user name and password.

3.8 Log Files

When you access SkyeHi APP, the servers of SkyeHi APP will only collect data relating to your access (including but not limited to your IP address, domain name, browser type and access time) but will not collect your personal data.

3.9 Use of Cookies and other Tracking Mechanisms

When you browse the Content of SkyeHi APP, cookies will be stored in your computers, mobile phones or other devices for internal navigation and programming only. We may use cookies and other tracking mechanisms described below to track information about your use of SkyeHi APP. We may combine this information with other information we collect from you to better serve you and/or maintain your information across multiple pages within or across one or more sessions.

Cookies are alphanumeric identifiers that we transfer to your computers, mobile phones or other devices through your browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate SkyeHi APP, while others are used to enable a faster log-in process, or to allow us to store and track information about your interests and preferences at SkyeHi APP.

We may also engage third parties to track and analyse non-personally identifiable information from SkyeHi APP. We use the information collected by such third parties to help us administer and improve the quality of SkyeHi APP and to analyse usage of the same. Such third parties may combine the information that we provide about you with other information that they have collected. You can edit your browser settings to disable cookies but to do so you may not be able to utilize certain functionality of SkyeHi APP.

We may also collect information regarding your IP address, browser type, domain name and access time. This information is used for our research purposes. This information is unrelated to and separate from your personal data. In occasional instances, IP addresses maybe used to assist in deterring and/or preventing abusive or criminal activity in relation to the use of SkyeHi APP.

3.10 Change of Data Privacy Policy

We may revise and update the data privacy policy in this Clause 3 from time to time. Any revision and update will be effective immediately upon being posted on SkyeHi APP. You are advised to check the data privacy policy posted on the SkyeHi APP on a regular basis.

3.11 Third Party Contents or Websites

SkyeHi APP may contain information and contents that are provided by third parties or service providers. SkyeHi APP may also provide links to third party websites. The data private policy in this Clause 3 is not applicable to these third parties. We are not responsible for the contents, products or services provided by any third party, the collection and use of your personal data by any third party, and the data privacy policies and practices of any third party.

4. ENTIREAGREEMENT

These Terms and Conditions, unless otherwise provided, represent the complete agreement between you and us concerning your use of SkyeHi APP.

5. COVENANTS

You agree to use SkyeHi APP for your personal, non-commercial use only and you are solely responsible for all Content whether publicly posted or privately transmitted by you in or through SkyeHi APP.

As a condition of your use of SkyeHi APP, you agree that you will not use SkyeHi APP for any purpose that is unlawful or prohibited by any Applicable Laws or these Terms and Conditions. Without limiting the generality of the foregoing, you further agree not to:

5.1 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 authorized by us;

5.2 post or transmit any unlawful, fraudulent, libelous, 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 Applicable Law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;

5.3 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;

5.4 post, publish, transmit, reproduce, distribute or in any way exploit any Content obtained through SkyeHi APP for commercial purposes;

5.5 upload, post, publish, transmit, reproduce, or distribute in any way, any component of SkyeHi APP itself or any Content obtained through SkyeHi APP which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission;

5.6 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 SkyeHi APP;

5.7 transmit, post or upload any Content protected by intellectual property laws, rights of privacy or publicity or any other Applicable Laws unless you own or control the rights thereto or have received all necessary consents or licences;

5.8 interfere with or disrupt networks connected to SkyeHi APP or violate the regulations, policies or procedures of such networks;

5.9 attempt to gain unauthorized access to SkyeHi APP, computer systems or networks connected to SkyeHi APP, through password mining or any other means;

5.10 disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of SkyeHi APP are able to type, or otherwise act in a manner that negatively affects other users' ability to use SkyeHi APP;

5.11 “stalk” or otherwise harass any other person (including other users); or

5.12 collect or store personal data about any other person (including other users).

We reserve the rights from time to time, without notice, to observe and record your access to and use of SkyeHi APP to determine if you are complying with these Terms and Conditions.

6. Use of SkyeHi APP

6.1 Updates to SkyeHi APP may be issued periodically through the supplying app store. For some devices, updates will be downloaded automatically. If this does not happen, you will need to download the update yourself. Depending on the update you may not be able to use SkyeHi APP until the latest version has been downloaded. To make sure you always have access to SkyeHi APP, you should keep your APP updated.

6.2 SkyeHi APP is intended to be installed and used by the owners, residents and other users of SkyeHi (and not any other person).

6.3 Your mobile network operator may charge you for downloading or accessing SkyeHi APP and these charges may vary if you download or access SkyeHi APP when you are outside of Hong Kong. You are responsible for these charges.

7. MONITORING

We do not actively monitor the Content submitted, posted, transmitted or sent by users to, on or through SkyeHi APP or guarantee the accuracy, integrity or quality of such Content. However, we will consider complaints concerning inappropriate Content on SkyeHi 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 SkyeHi APP or any link to any website 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 by any user as a result of the use of any Content submitted, posted, emailed or otherwise transmitted via SkyeHi APP.

8. LINKS TO THIRDPARTY WEBSITES

We may provide links to other websites("Linked Sites"). 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 products or services offered on or through any Linked Site. We provide the Linked Sites to you for the sake of convenience only. We do not endorse any Linked Site or its Content or any products or services offered on or through any Linked Site. You are solely responsible for using or purchasing any Content, products or services offered on or through any Linked Site.

9. DISCLAIMERS & LIMITATION OF LIABILITY

9.1 SkyeHi APP is provided by us on an “as is” and "as available" basis. we make no representations or warranties of any kind, express or implied, as to the operation of SkyeHi APP or the accuracy, adequacy or completeness of the content on SkyeHi APP. Information provided in SkyeHi APP is for reference only. To the fullest extent permissible by the applicable laws, we disclaim all warranties, express or implied, including, but not limited to any representations or warranties as to:

(a) the availability of SkyeHi APP 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 SkyeHi APP;

(c) the merchantability, standard of quality or fitness for any particular purpose of any services available on or through SkyeHi APP;

(d) non-infringement of any third party intellectual property rights; or

(e) SkyeHi APP being free of computer viruses or other contaminating or destructive properties or that no damage will occur to your computer or mobile device.

9.2 Without limiting any exclusion specifically provided for in these Terms and Conditions, we shall in no event be liable for any costs, loss or damages for the following matters unless caused by the gross negligence or willful default of the Management Company or its employees and only to the extent of direct and reasonably foreseeable costs, loss or damages arising directly and solely from such gross negligence or willful default:

(a) the standard of the Services provided, including any failure or deficiency, or alleged failure or deficiency, of any Services;

(b) the breach, or alleged breach, of any warranty, express or implied, relating to any Services; or

9.3 You specifically agree that we are not 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 we are not responsible for the Content sent out using and/or included in SkyeHi APP by any third party.

9.4 The limitation of liability contained in these Terms and Conditions will apply to the fullest extent permitted by Applicable Laws.

10. INTELLECTUAL PROPERTY

SkyeHi APP together with all Content made available as part of SkyeHi 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 SkyeHi APP for the use specified and for your personal 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.

11. INDEMNITY

You agree to indemnify and hold us and our subsidiaries, 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 and Conditions and/or your use of SkyeHi APP. 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.

12. TERMINATION

Without prejudice to any other rights we may have, we may terminate your use of and access to any part or all of SkyeHi 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:

(a) if you breach these Terms and Conditions;

(b) if we are unable to verify any information you provide to us; and

(c) if we consider your action may adversely affect the operation of SkyeHi APP or other users, or is unsuitable or inappropriate for any other reason.

You may terminate your use of SkyeHi APP at any time. Upon termination of use for any reason, you should delete SkyeHi APP from your computer and mobile device as soon as reasonably practicable.

13. MODIFICATIONS TOTERMS AND CONDITIONS

We reserve the right to change these Terms and Conditions or any policies regarding the use of SkyeHi APP at any time and to notify you by posting an updated version thereof on SkyeHi APP. You are responsible for regularly reviewing the Terms and Conditions and the applicable policies. Continued use of SkyeHi APP after any such posting amounts to your conclusive acceptance of such revised Terms and Conditions or policies. If any such revision is unacceptable to you, you should terminate use of SkyeHi APP. 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 SkyeHi APP.

14. MODIFICATIONS TOSERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, SkyeHi 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 SkyeHi APP or any part thereof.

15. GOVERNING LAW& JURISDICTION

SkyeHi APP (excluding Linked Sites) is operated by our service providers in Hong Kong. By accessing SkyeHi APP, you agree that any claim relating to SkyeHi APP shall be governed by the laws of Hong Kong without giving effect to any principles of conflicts of laws, provided that we reserve the right to pursue proceedings in any competent jurisdiction. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

16. PARTIALINVALIDITY

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.

17. WAIVER

No waiver of any breach under these Terms and Conditions will amount to a waiver of any further or other breach.

18. GENERALPROVISIONS

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:

(a) words importing one gender include the other genders;

(b) words importing the singular shall include the plural and vice versa;

(d) expressions defined in the main body of these Terms and Conditions bear the defined meaning in the whole of these Terms and Conditions;

(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 and Conditions;

(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 versions of these Terms and Conditions, the English version shall prevail.

Personal Information Collection Statement (PICS)

This Statement applies to the collection, use and handling of personal data of owners, residents and other users of SkyeHi APP for property management and other purposes. Together Management Company, being the management company of SkyeHi APP (the “Management Company” or “We”) may collect, use and handle personal data of owners, residents and other users of SkyeHi APP from time to time.

This Statement applies to you because you are an owner, a resident or user of SkyeHi. This Statement applies to the personal data provided by or for you to the Management Company and other personal data compiled by the Management Company about you from time to time (collectively, “Your Personal Data”). This Statement sets out the purposes for which Your Personal Data may be used and other matters relating to the Personal Data (Privacy) Ordinance (Cap. 486). If you supply personal data relating to any other person, please give a copy of this Statement to that person to enable him/her to see how we handle and use his/her personal data.

We need Your Personal Data for providing or arranging services, facilities, or privileges for you and handling property management matters in connection with SkyeHi. If you do not supply the necessary personal data, we may be unable to serve you or to continue to serve you.

Use of Your Personal Data

1. We may use Your Personal Data for one or more of the following purposes from time to time:

(a) manage SkyeHi, provide property management services and handle all matters relating to property management,including but not limited to information broadcasting;

(b) verify your identity;

(c) process your application or request for services, facilities, events, activities or privileges, and providing or arranging the relevant services, facilities, events, activities or privileges. These may include but not limited to registration of the residents’ Octopus cards, application for resident cards, booking facilities/activities/privileges offered or arranged by us;

(d) calculate any amount payable by you or to you in connection with the relevant services, facilities, events or activities, and collect or recover any amount owing by you to the Management Company;

(e) investigate, handle and respond to any enquiries or complaints made by you, made against you or involving you in any manner;

(f) communicate with you on matters relating to property management;

(g) conduct survey, research and analysis to facilitate the provision of services, facilities, events, activities or privileges to owners, residents and other users of SkyeHi APP;

(h) provide, operate and maintain SkyeHi APP for owners, residents and other users of SkyeHi to facilitate provision of services relating to SkyeHi APP, and enrolling you as a user of SkyeHi APP. The services relating to SkyeHi APP include but not limited to property management and the related services set out in this paragraph 1;

(i) comply with any obligations or requirements for using or disclosing personal data that are imposed on the Management Company by any law, regulation or court order, or imposed by any governmental agency, regulatory authority, law enforcement agency, court or judicial body; and

(j) purpose(s) directly related to any of the above purposes.

Disclosure and Transfer of Your Personal Data

2. We will keep Your Personal Data confidential but may disclose or transfer (in or outside of Hong Kong) Your Personal Data to one or more of the following classes of persons from time to time for the purposes set out in paragraph 1 “Use of Your Personal Data” above:

(a) any holding company, subsidiary, affiliated company or associated company of the Management Company, and CardApp Limited, the service provider of SkyeHi APP, in connection with the provision of services, facilities, events, activities or privileges;

(b) any agent, supplier, contractor, sub-contractor or service provider (including their employees, directors, officers and agents) who provides data storage, data processing, administrative, telecommunications, computer or any other services or support to us in connection with our operations, including but not limited to the provision, operation and maintenance of SkyeHi APP;

(c) any person to whom we are under any obligation or requirement to disclose personal data in compliance with any law, regulation or court order, or in response to lawful request by any governmental agency, regulatory authority, law enforcement agency, court or judicial body; and

(d) any person who owes a duty of confidentiality to us, including but not limited to accountants, auditors, legal advisers and other professional advisers.

Data Access and Correction Requests

3. You have the right to request access to, and correction of, information about you held by us. If you need to check whether we hold your personal information or if you wish to have access to your information and/or to correct any information relating to you which is inaccurate, please fill in the data access request form and send it to the following address. You agree to pay us the reasonable charges incurred by us in relation to administering and complying with your request.

ISS EastPoint Property Management Limited

Address : 6/F, Dorset House, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong

Attention: Mr. Chong

This Terms and Conditions is subject to change. Any changes will be posted on this page.

In case of any inconsistency between the English and Chinese versions of this Statement, the English version shall apply and prevail.

CardApp Limited (Service Provider)

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.

This App makes use of the “Push Notification Service” provided by third party service providers. CardApp Limited does not guarantee the successful or timely reception.

Download or use of this App may consume wireless data. The user should be aware of and be responsible for the fees caused.

CardApp Limited takes measures to ensure that all personal data submitted through this platform is handled in accordance with the relevant provisions of the Personal Data (Privacy) Ordinance.