Centricity Hongkong Land App Terms and Conditions

 

Please read this notice carefully. It regulates Users’ use of App and all materials within it. Access to and use of this App are subject to the following terms and conditions:

Hongkong Land (“HKL”) refers to Hongkong Land Holdings Limited and its subsidiaries including without limitation The Hongkong Land Company, Limited, Hongkong Land Limited, Hongkong Land China Holdings Limited and Hongkong Land International Holdings Limited, and their respective officers, directors, shareholders, agents, employees, affiliates, subsidiaries and third party parties.

Eligibility details

1.             The App is only available to (1) the staff members of HKL’s office and retail tenants in HKL’s Central portfolio in Hong Kong, (2) the staff members of HKL, and (3) those other people as may be approved by HKL from time to time in HKL’s sole discretion  who have successfully downloaded the App on their mobile device only (collectively, “User” or “Users”, as the case may be).  There will not be any applications or invitations open to the general public. The capacity of eligible App Users are non-transferable.  In order to use the App, a compatible mobile device such as mobile phone, ipad or tablet computer, access to the Internet and WiFi are required. Users’ mobile device should fulfill the necessary software requirements, i.e. iOS: all current and future iOS versions and all current and future Android versions.  The version of the App software may be upgraded from time to time to facilitate App Users’ experience and to provide new functions, features and services.

2.             All Users must be over 18 years old.  Each User may register with the App once only.  Notwithstanding Item 1 above, any registration to join the App is subject to the verification and final approval by HKL and HKL reserves the sole and absolute right to reject any registration by anyone without providing any reason or notice whatsoever.  The approval of eligibility for registering with the App is at HKL’s sole discretion at all times.  HKL’s decision on whether any User is or is not eligible for the registering the App is final and binding on all Users, and is not open to challenge.

3.             For the purpose of registering with App, HKL needs to collect Users’ real personal data and contact details for the purposes of proof and verification of eligibility, and for communication or notification purposes.  Should an User fail to provide any of the aforementioned such personal data and contact details, HKL may not be able to process or accept the User’s registration to the App and/or allow Users to access the App.   HKL may disclose the personal data and contact details collected to such person to whom HKL is required to make disclosure under the laws of Hong Kong.

4.             Users must keep their personal data and contact details up-to-date and accurate from time to time.  If any User ceases to be staff members of HKL’s office and retail tenants in HKL’s Central portfolio in Hong Kong, that User must forthwith inform HKL of such cessation and in any event, not later than 30 days after such cessation. Unless with HKL’s consent, Users will not be permitted to further access or use the App after such cessation.

Restrictions

5.      Users must not:-  

5.1        violate or contravene any law, legislations, ordinance, statute, rules and regulations from time to time in force, or engage or commit any illegal, unlawful, immoral, indecent, fraudulent activities or conduct (including without limitation any multi-level marketing, pyramid scheme, etc.) on the App, or menace, harass, intimidate, bully any person or entity, or cause damage or injury to any person, entity or property;

5.2        subvert or tamper with the operation of the App, or do or permit or allow to do anything that may directly or indirectly misuse, disable, overburden, impair, interfere or attack the existence, operation or continuance of the App in any manner and under any circumstances;

5.3        engage in any conduct that may adversely affect or be detrimental to the App, the reputation of HKL or the App, or subject HKL and/or the App to public criticism or disapproval, or directly or indirectly cause or lead to any disruption, interruption or suspension of the App or its related systems;

5.4        conduct, or permit or allow any business to be conducted, any business (commercial, personal, charitable or otherwise) on the App in whatever manner;

5.5        do anything, or permit or allow anything to be done, that may infringe the intellectual property rights (including without limitation copyright, patent, trademark, trade secret or any other proprietary rights, rights of publicity or privacy, etc.) of HKL or any other party;

5.6        use, or permit or allow the App to be used, the App to process, store, display, transmit or otherwise distribute any Prohibited Contents.  “Prohibited Contents” means information and materials that may (a) menace, harass, intimidate or bully any person or entity, or cause damage or injury to any person, entity or property,  (b) be defamatory, political, harassing, pornographic, obscene, inciting violence or containing nudity or graphic or gratuitous violence, or hate speech, or otherwise using profane, abusive or discriminatory language, graphics or gesture (c) violet privacy rights or promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or “chain letters, (e) constitute an infringement of intellectual property or other proprietary rights, (f) any communications or materials (including without limitation, commercial, business, personal, charitable or otherwise, etc. in whatever format or manner) not previously authorised or approved by HKL on the App, (g) any alcohol-related, drug-related, food-related, dating or other similar contents (including without limitation advertisement or commercials, etc.), or (h) otherwise violate applicable laws, ordinances or regulations in force from time to time in Hong Kong or elsewhere;

5.7        transfer Users’ account to anyone or permit or allow an Users’ account to be transferred to anyone or used by anyone in anyway for whatever purposes and under any circumstances;

5.8        provide any false or fraudulent personal information and/or false or fraudulent contact details, or create any account for anyone other than the User himself/herself under any circumstances;

5.9        share the User’s password, if any, on the App with anyone else, or permit or allow anyone else to access the

User’s account on the App, or do or permit or allow anything to be done that may directly or indirectly jeopardise the security of the User’s account on the App in any way under any circumstances;

5.10      collect any content or information (including without limitation those content or information related to HKL or other Users, etc.) from the App, or otherwise use or access App using any means, automated or otherwise, including without limitation harvesting bots, robots, spider, or scrapers, etc. under any circumstances;

5.11      upload, or permit or allow to be uploaded, any virus, malware, malicious software or code directly or indirectly to the App;

5.12      operate or develop, or permit or allowed to be operated or developed any application or software on the App not belonged to HKL;

5.13      solicit other Users’ personal data and contact details, or permit or allow the User’s own personal data and contact details to be solicited for the purpose of logging-in or accessing any account of the App;

5.14      directly or indirectly permit, allow, facilitate, aid, assist or encourage anyone else on or relating to the contravention, non-compliance, infringement or violations of these Terms and Conditions; and

5.15      directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to  discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the App or any software, documentation or data related to the App (“Software”); modify, translate, or create derivative works based on the App or any Software; use the App or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; infringes any copyright, trademark or other contractual, statutory or common law rights of the App and the Software; or overload the server of the App and/or the Software in any way.

External Independent Merchants

6.             External independent merchants (“Merchants”), which are unrelated to HKL, are available through the App or the re-direction from the App to Merchants’ websites, to offer and provide their goods and services, host or organise (solely by Merchants themselves or jointly with others) any activities at any venues including without limitation, offices, retail spaces, lounges, food and beverage spaces, conference rooms, halls, public spaces, hotels, etc., or payment processing services, directly or indirectly to Users if the Users (so choose to purchase, accept, register, utilise and enjoy any of such activities, goods and services, transactions, businesses, interactions, payment platform services, or dealings (collectively, “Merchants’ products and activities”) shown on the App or otherwise displayed on Merchants’ websites with any of the Merchants in their respective manners at Users’ own free will, own cost and expenses, and own choice.

7.             Despite that Merchants’ products and activities will be shown on the HKL Community or redirected through the links available to Merchants’ websites or resources, HKL has no control over Merchants’ products and activities, links, websites or resources, and that HKL does not endorse and are not responsible or liable for any content, advertisement, promotions, marketing materials, or any other materials on or available from such links, websites or resources.  For the avoidance of doubt, some or all of the Merchants’ products and activities may not be available, delivered and/or utilised outside HKL’s Central portfolio in Hong Kong and in this respect, the decisions of HKL and the Merchants shall be final and binding on all parties concerned.  

8.             HKL shall not in any way be regarding as Merchants’ agent in Merchants’ products and activities shown on the App or otherwise displayed on Merchants’ websites.  HKL is not involved in the running, supervision, control or regulation of Merchants’ business operations, corporate control or any activities between Merchants and respective

Users, or with any of the Merchants’ products and activities made between any of the Merchants and any individuals or User on the App or anything otherwise contained in the links, websites or resources directly or indirectly related to any of the Merchants.  All data and information relating to any Merchants’ products and activities offered and provided by Merchants are provided by the respective Merchants themselves.  HKL will not be responsible for any inaccuracy or incompleteness of any such data or information including but not limited to the description (trade description or otherwise) and images of Merchants’ products and activities displayed on App.

9.             The display, process, storage, transmission or otherwise distribution of any of Merchants’ products and activities on the App or otherwise displayed on Merchants’ websites do not in any way imply HKL’s endorsement of the Merchants’ products and activities, designs, specifications or anything, etc. on the App or otherwise displayed on Merchants’ websites.  HKL does not confirm that Merchants’ products and activities, designs, specifications or anything, etc. in the App or otherwise displayed on Merchants’ websites or the resultant activities, works, goods and services are in themselves suitable or efficient for any User’s requirements.  HKL does not warrant or guarantee that any description (trade description or otherwise) and images of Merchants’ products and activities, works, goods and services is an accurate representation or description (trade description or otherwise) of the actual resultant products, activities, works, goods and services.

10.           Accordingly, Users are required to exercise due diligence, caution, and independent judgment (and seek one’s own professional advice if User deems necessary) to assess the relevant risks and exposures prior to and/or during Users were to engage with Merchants in relation to any Merchants’ products and activities.

11.           HKL is not the merchant, manufacturer, seller or retailer of any of the Merchants’ products and activities, designs, specifications or anything, etc. on the App or otherwise displayed on Merchants’ websites.  Any enquiry, complaint, dispute, adjustment, return and/or refund for any of the Merchants’ products and activities, designs, specifications or anything, etc. on the App or otherwise displayed on Merchants’ websites should be directed to the Merchants.  HKL shall assume no liability in respect of and HKL shall not be responsible for any enquiry, complaint, dispute, adjustment, return and/or refund for any of the Merchants’ products and activities, designs, specifications or anything, etc. on the App or otherwise displayed on Merchants’ websites. The respective Merchants are solely responsible for all obligations and liabilities relating to Merchants’ products and activities, designs, specifications, enquiry, complaint, dispute, adjustment, return and/or refund or anything, etc. on the App or otherwise displayed on Merchants’ websites and the terms and conditions of the relevant Merchants will apply.  Users are advised to inquire the details with the relevant Merchants.

Disclaimer and Exclusion of Liability

12.    The App is available to mobile devices running Apple iOS and Android OS operating systems.  HKL will use reasonable efforts to enable availability of App at all times.  The Users acknowledge that functions and features of the App will only be available when the Users’ mobile device is connected to the Internet, mobile networks and/or WiFi network.  Accordingly, the quality and availability of the App may be affected by factors outside HKL’s control.

13.    HKL and its officers, employees, agents, contractors or sub-contractors do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download, upload or access content or any other communication system failure which may result in the App being unavailable.

14.    HKL will not be responsible for any support or maintenance of the App in respect of the User’s own mobile device.

15.    In no event shall HKL, its officers, employees, agents, contractors or sub-contractors be responsible to any User or any other person for any direct, indirect, incidental, special, punitive, exemplary or consequential loss or damage whatsoever arising out of Users’ use or access to or inability to use the App (including without limitation unauthorised access using Users’ username and password or transmission of content or any transactions entered into through the App, etc.).

16.    HKL shall not be liable to Users for any damage or alteration to Users’ electronic equipment including but not limited to computer equipment, mobile device or iPad or tablet as a result of the installation or use of the App.

17.    Whilst HKL takes reasonable precaution to ensure that the App are free from computer viruses or other harmful elements, HKL expressly disclaims any liability for any loss or damage caused as a result of such computer viruses or other harmful elements.

18.    Where the App provides links to Merchants and/or third party website, these are provided solely as a convenience to Users, and they are not affiliated to HKL.  Such websites shall not in any way be regarded as an endorsement of any kind by HKL approving the contents thereon.  If Users access any linked third party websites, Users do so entirely at Users’ own risk.  HKL neither takes any responsibility for nor makes any representations, warranties or undertakings (whether express or implied) as to their availability and the contents contained in third party websites.  Any questions or comments relating to such third party websites shall be addressed to the operators or owners of those websites.

19.    HKL does not guarantee uninterrupted, continuous and/or secure access to the App.  Part of the App may be unexpectedly unavailable for whatever duration and for whatever reasons that may include but not limited to system malfunctions and disruptions, Internet access downtime and other technical problems beyond HKL’s control for which HKL cannot and shall not be held responsible.  The Users agree that their use of the App is at their own risk and that the Users will not hold HKL responsible for any damage or loss caused by the Users’ inability to use the App for any reason whatsoever.  HKL reserves the right to take any part or the whole of the App offline with or without notice for reasons including but not limited to system maintenance or upgrading.

20.    Although HKL will use its reasonable endeavours to restrict access to the database of the Users’ personal data only to HKL’s personnel and/or its affiliates, HKL does not guarantee that other parties will not, without HKL’s and/or its affiliates’ consent, gain access to such database.  For HKL’s policies regarding the usage and protection of personal data provided by any User of the App, please refer to “HKL Privacy Policy and Personal Information Collection Statements”.

21.    HKL does not warrant or represent (express or implied) that the App is suitable for the purpose intended by the Users or the operation, condition, quality, performance, accuracy of the App, or the fitness of the App for any particular purpose, availability or non-infringement of any parties’ rights, and/or free of any errors, server functions, viruses, bugs or any other codes or components that may directly or indirectly be harmful to any systems or devices. HKL will not be responsible for any damage to any systems or devices or loss of data directly or indirectly related to the downloading, use or accessing the App.  Each User acknowledges that by indicating during registration that the User has read and agreed to these Terms and Conditions, the User agreed that he/she is not relying on any assurance, promise, representation, warranty or undertaking (whether or not in writing) given, made or implied by HKL or any other person acting on behalf of HKL.  If any such assurance, promise, representation, warranty or undertaking (whether or not in writing) has ever been given, made or implied at any time, on the eligible registering the App, the User irrevocably waive all remedies that may otherwise be available for the same.

22.    HKL will not be liable for any liabilities, claims, demands, proceedings, damages (actual or consequential), losses, costs and expenses of every kind and nature, know or unknown, suspected or unsuspected, disclosed or undisclosed, whether arising in contract, tort (including negligence) or otherwise whatsoever or howsoever caused, now or in the future, arising directly or indirectly out of or from or incidental to the Users’ use of the App, any of the Merchants’ activities, goods and services, transactions, businesses, interactions, dealings, designs, specifications or anything, etc. on the App, or the use of their respective activities, good(s), service(s) or merchandise(s), HKL’s decision or resolution of any dispute, and/or any purchase, acceptance, registration, utilisation and enjoyment of  any of activities, goods and services, transactions, businesses, interactions, or dealings with any of the Merchants, any events or activities listed on App, and/or any technical failure of the internet, server and/or the App, interference with other applications, software or programmes in any devices.

23.    HKL does not hold responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access, or lost or delayed of the App, whether or not arising during operation or transmission, as a result of errors, server functions, viruses, bugs or any other causes.

24.    HKL shall not be responsible to any User, anyone, or any other party for any liability, loss, damage, claim, cost or expense whatever and howsoever arising in respect of, relating to or in connection with the use of the App or any services or functionalities under the App.  HKL will not entertain or accept any liability, claims, demands, proceedings, damages, losses and costs arising directly or indirectly from or incidental to the use of any part of the App, the redemption of any offers, the utilization of any services and/or any dealings with anyone or any entity in any way related to the App, or any other act, default, neglect or omission by anyone using or operating the App.

25.    Users agree to indemnify HKL against all loss, damage, liability, costs and expenses (including legal costs on a full indemnity basis) that may be incurred or suffered by HKL in respect of any claim arising from the User’s breach of any of these Terms and Conditions.

Suspension and Termination

26.           HKL reserves the right to remove any content or information any User posts, process, store, display, transmit or otherwise distribute on the App if in HKL’s sole discretion considers necessary to do so at any time without notice to anyone and without incurring liability to any User or anyone.

27.           HKL reserves all rights to suspend or terminate any User’s use of the App or to delete or disable that User’s account (whether temporarily or permanently) at any time at HKL’s sole and absolute discretion without notice to anyone and without incurring liability to any User or anyone if any User ceases to be the staff member of tenants of HKL’s Central portfolio in Hong Kong, or if HKL believes the User may have or has breached any of these Terms and Conditions, or if any information provided by the User is false or unable to be verified or authenticated, or otherwise action and/or information provided by the User creates risks or adverse exposure (including without limitation, legal, financial, reputational, technical or otherwise etc.) to HKL or any person or entity, or if the information provided does not comply with these Terms and Conditions.  In the event of any dispute, the decision as to whether any User has violated these Terms and Conditions or engaged in inappropriate behaviour remains within HKL’s sole discretion and its decision shall be final and binding on all parties concerned.

28.           HKL reserves all rights to suspend or terminate the App, or any or all of the Merchants’ goods and activities, designs, specifications or anything, etc. on the App at any time at HKL’s sole and absolute discretion without notice to anyone and without incurring liability to any User or anyone.  No compensation whatever is payable to any User or any person or entity in respect of such suspension or termination.  When HKL exercises its right of suspension or termination, the rights and licenses granted to App Users shall forthwith terminate and App Users must forthwith cease any use of the App. General

29.           HKL reserves the right to amend these Terms and Conditions at any time at HKL’s sole and absolute discretion without notice to anyone and without incurring liability to any User or anyone.  All questions or disputes shall be resolved by HKL in its absolute discretion. In the event of any dispute, the decision of HKL shall be final. The decision of HKL on all matters relating to, or in connection with, the App shall be final and binding on all parties concerned.

30.           In future, if the Users would like to update or change any of their personal data, or if the Users do not wish to receive such promotional materials from Hongkong Land, please send the request to Centricity, Hongkong Land through any one of the following channels:

E-mail:  digital@centricity.com.hk

Telephone number: +852-2500 0588              

Address: 8/F, One Exchange Square, Central, Hong Kong

Intellectual Property

31.           HKL is not responsible for any errors or omissions contained in the App and reserves the right to make changes without notice. HKL believes all information given to be reliable but the accuracy is not warranted or guaranteed. HKL is not liable in any event for any damages whatever arising out of or related to the App or the information contained in it.

32.           The information given on the App is not intended to create any relationship, whether in contract or otherwise, with Users. Nothing on the App is intended to be or should be taken as being advice or a recommendation and Users should not rely on the information in the App for any purpose. Information at the App is not an invitation to invest in HKL or any affiliate.

33.           Users may not distribute, modify, transmit, reuse, re-post, or use the content of the App for public or commercial purposes without HKL's written permission. Users may download materials displayed on the App for non-commercial or personal use only, provided Users do not remove or modify any copyright and other proprietary notices contained in these materials. Nothing contained in the App should be construed as granting a licence or right to use any of HKL's intellectual property rights displayed in the App without the written permission of HKL.

34.           The App may contain materials in which third parties have proprietary rights, including without limitation logos or brand names which are the trademarks of third parties, etc.  HKL grants no licence regarding their use and disclaims any liability with regard to infringement of such third parties rights.

35.           At various points throughout the App Users may be offered automatic links to other internet sites relevant to a particular aspect of the App. This does not indicate that HKL or affiliates are necessarily associated with any of these other sites or their owners. While it is the intention of HKL that Users should find these other sites of interest, neither HKL, nor its or its affiliates, officers, employees and agents have any responsibility or liability of any nature whatever for these other sites or any information contained in them, none of which have been verified or endorsed by HKL or its affiliates.

36.           The App, including but not limited to information, data, text, content, logos, photographs, images, video, audio, graphics and button icons is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws. The App is protected as a collective work or compilation and all individual articles, columns and other elements making up the App are also copyrighted works. Users agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the App.

37.           Users may not use the App for any illegal purpose or in any manner inconsistent with the Terms. Users agree to use the App solely for Users’ own personal, non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. Users acknowledge that the App has been developed, compiled, prepared, revised, selected and arranged by us through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets. Users agree to protect HKL’s proprietary rights during and after the term of this agreement and to comply with all HKL’s reasonable written requests to protect HKL’s contractual, statutory and common law rights in the App. Users agree to notify us in writing promptly upon becoming aware of any unauthorized access or use of the App by any party or of any claim that the App infringes upon any copyright, trademark or other contractual, statutory or common law rights.

38.           Users may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the App. The materials, analysis and presentation included in the App may not be recirculated, redistributed or published by Users without HKL’s prior written consent. Modification of the App's content would be a violation of HKL’s copyright and other proprietary rights. Additionally, Users may not offer any part of the App for sale, transmit or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without HKL’s prior written consent. The App and the information contained therein may not be used to construct a database of any kind. The content of the App may not be copied or otherwise incorporated into or stored in any other App, electronic retrieval system, publication or other work in any forms (whether hard copy, electronic or other). Nor may the service be stored (in its entirety or in any part) in databases for access by Users or any third party or to distribute any database services containing all or part of the App. Users may not use the App in any way to improve the quality of any data sold or contributed by Users to any third party. Furthermore, Users may not use any of HKL’s trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with Users or are used with HKL’s consent, and Users acknowledge that Users have no ownership rights in and to any of these names and marks. Users will not use the App or the information contained therein in unsolicited mailings or spam material. Users will not use any of HKL’s trademarks, trade names or service marks in unsolicited mailings or spam material. Users will not spam or send unsolicited mailings to any person or entity using the App. Users agree to comply with any other applicable terms and conditions of use set forth on the App.

39.           Users acquire absolutely no rights or licences in or to the App and materials contained within the App other than the limited right to utilise the App in accordance with these Terms and Conditions. Should Users choose to download content from the App, Users must do so in accordance with these Terms and Conditions. Such download is licensed to Users ONLY for Users’ own personal, non-commercial use in accordance with these Terms and Conditions and does not transfer any other rights to Users.

40.           All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, trade names, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the App (the "Intellectual Property Rights") shall at all times be and remain HKL’s and its vendors’ sole and exclusive property. All present and future rights in and title to the App (including the right to exploit the App and any portions of the App over any present or future technology) are reserved for HKL’s exclusive use. Except as specifically permitted by these Terms and Conditions, Users may not copy or make any use of the App or any portion thereof. Except as specifically permitted herein, Users shall not use the Intellectual Property Rights or the App, or the names of any individual participant in, or contributor to, the App, or any variations or derivatives thereof, for any purpose, without HKL’s prior written consent.

Personal Data Collection

HKL Privacy Policy and Personal Information Collection Statements

41.      HKL is committed to safeguarding Users’ privacy online. Please read the following policy and statement to understand how Users’ personal information will be collected and treated as Users make full use of the App and/or HKL's web site. This policy and statement may change from time to time so please check back periodically.

42.      What personal information does HKL collect?

HKL collects and stores information in several ways from different parts of HKL's network of websites. Some personal information is gathered when Users register. During registration, HKL asks for Users’ real personal data and contact details. In addition to registration, HKL may ask Users for personal information and opinions at other times, including (but not limited to) when Users enter a lucky draw, contest or promotion, or when Users use any other service which may be accessed through the App, HKL’s website and/or any third party websites from time to time depending on the specific type of services and products as requested by Users or provided to Users by HKL or other third party merchants/service providers. Certain personal data (e.g. User’s real name, user ID, work email, phone number and order details) can be accessed by third party merchants/service providers strictly on a “need-to-know” basis and for the sole purpose of performing the services and products as requested by Users, including without limitation receiving and following-up with Users’ order or request for their services and products, participation of any activities registered by Users (organised solely by third party merchants/service providers or jointly with HKL or others). HKL also occasionally asks Users to complete surveys that HKL uses for research purposes.  In addition, we intend to use the personal information collected for our internal analysis purposes, including but without limitation, to demographics, behaviour, user experience, survey data.  We also intend to share the aggregate and anonymised analysed data with HKL’s tenants and other companies in HKL group for improvement of productivity and/or effectiveness of the App.

As part of offering and providing customisable and personalised services, HKL may store and sometimes track information about Users.

Generally, HKL collects personal information to: 1. Remind HKL of who Users are and to access Users’ account information (stored on HKL's computers) in order to deliver to Users a better and more personalised service. 2. Estimate HKL's audience size. 3. Assist merchants to track visits to their sites. 4. Track Users’ progress and number of entries in some of HKL's promotions, lucky draws, events, activities and contests. 5. Measure certain traffic patterns, which areas of HKL's network of websites Users have visited, and Users’ visiting patterns in the aggregate.

When Users uses the App, HKL will collect the following information for the purposes described below:-

Device information: HKL collect certain information about Users’ mobile device which, including without limitation, equipment identifier, device type/manufacturer, Internet Protocol (IP) address, operating system type and version, network type, wireless carrier/mobile network operator, for facilitating Users’ experience of the App in different locations, devices, connectivity and situation and for improvement of the App.

SD card contents: HKL will access the SD card contents (if any) to modify or delete the contents stored in the SD card related to the App so as to enable the operation of the App.

Location: Subject to the User agreeing to provide location information in their mobile device, such information will be used by the App for enabling HKL to improve and enhance customers’ experience in User’s operating of the functionalities of the App, gain a better and more accurate understanding of Users’s customer’s needs and expectations in the respective functionalities of the App, design and implement appropriate functionalities of the App, in-app content and in-app notifications relating to HKL or HKL’s affiliates, and their respective activities and campaigns. You may disable the collection of Users’ location data by adjusting the relevant settings of your mobile device, but please note that if this is disabled that this App may not be able to provide Users with the location services described above.

Search records and usage history: When Users use the App, HKL will collect Users’ search records and usage history for analytical purposes to improve the App as well as HKL’s products and services.

HKL will also use these data for showing specific in-app content on the App and sending in-app notifications and/or push notifications to Users’ mobile device of the latest news, notices, and offers of and from HKL, as well as discounts and other benefits offered through joint promotion campaigns with HKL’s affiliates which are relevant to Users based on Users’ search records and usage history.

HKL may use the information collected for one or more of the following purposes:- 42.1. for monitoring the App and operations and for further development and improvement;

42.2. for HKL's own operational, marketing, research, promotional and customer relationship management purposes, compiling statistics and analysis purposes, conducting customer surveys and marketing activities;

42.3. for responding to Users by email, mail, fax, phone or other means in respect of Users’ enquiry or comment previously communicated to HKL;

42.4. for any other incidental or associated purposes relating to the above and any other purpose which a customer or a service recipient may from time to time agree; and/or

42.5. other purposes directly related to the purposes specified above.

HKL will not use, share, sell or rent Users’ personal data provided to HKL in ways unrelated to the purposes aforementioned.

43.      With whom does HKL share information?

As a general rule, HKL will not disclose any of Users’ personal information outside HKL and HKL's service providers ("Third Party Service Providers") except when HKL has Users’ permission or under special circumstances, such as when HKL believes in good faith that the law requires it or under the circumstances described below. These Third Party Service Providers are under a duty of confidentiality to HKL and they are only allowed to use Users’ personal information in connection with the purposes specified in this policy and statement.

44.      Any questions, comments, suggestions or information other than personal data sent or posted to HKL by visitors will be deemed voluntarily provided to HKL on a non-confidential and non-proprietary basis. HKL reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company, for example in connection with the development, marketing products and services and to meet customer needs.

45.      HKL may match User information with third party data. Also, HKL discloses aggregated User statistics (for example, 45% of HKL's Users are female) in order to describe HKL's services to current and prospective partners, advertisers, and other third parties, and for other lawful purposes.

46.      HKL may also disclose account information in special cases when HKL has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating HKL's Terms of Use or may be causing injury to or interference with (either intentionally or unintentionally) the rights, property or safety of HKL, visitors to HKL's network of websites, or anyone else that could be harmed by such activities. HKL may disclose or access account information when competent authorities require it.

47.      What are the choices regarding collection, use, and distribution of personal information?

HKL intends to use Users’ personal data in direct marketing for the purposes as set out in this policy and the separate Personal Information Collection Consent Statements in the App but HKL may not do so unless HKL has received Users’ valid consent for such intended use.  If Users indicated upon registration that Users consent to receiving offers or information from HKL and HKL's tenants, etc., HKL may occasionally send Users information about products and services that HKL feels may be of interest to Users.  If Users do not wish to receive any materials from HKL, please feel free to let HKL know by contacting HKL via the contact information provided on the websites or as indicated in the relevant materials or in this policy and statement.

In some types of promotions, HKL will ask for Users’ email address to update Users on Users’ score, entries, and status in prize drawings. When Users participate in these types of promotions, Users will not automatically receive promotionrelated email unless Users choose to receive those promotions offer. Occasionally these promotion-related email messages may include targeted advertisements.

Confidentiality  

48.     Personal information held by HKL relating to HKL's Users or visitors to HKL's websites will be kept confidential in accordance with this policy and statement. All reasonable efforts are made to ensure that any personal information held by HKL is stored in a secure and safe place, and accessed only by HKL's authorised employees or authorised Third Party Service Providers, or by utilising appropriate security protocols for authentication and authorisation which are in line with the type of storage medium and the technology requirements at the material time.   We will keep Users’ personal data for as long as necessary to fulfil the purpose for which the data was collected. Personal data which is no longer required will be destroyed as soon as practicable.

 

Right to Access, Correct or Delete Personal Information

49.     Under the Personal Data (Privacy) Ordinance (Cap.486), Users have the right of access to Users’ personal information held by HKL and to request correction or deletion of Users’ personal information. If Users wish to exercise these rights or if Users have any questions on HKL's privacy policy and procedure, please write to HKL’s Data Protection Officer at 8th Floor, One Exchange Square, Central, Hong Kong.  HKL reserves the right to charge Users a reasonable fee for the processing of any data access or correction request.

Amendments  

50.     HKL may amend or update this policy and statement from time to time and all information will be governed by HKL's most recent policy and statement in HKL's websites or available on request.

Governing Law

51.     These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region (“HKSAR”) and shall be subject to non-exclusive jurisdiction of the courts of HKSAR.

Miscellaneous

52.      HKL is entitled to transfer, assign, charge, sub-contract or otherwise dispose of any of the rights or obligations under these Terms and Conditions and the App on such terms and conditions as HKL may at its sole discretion think fit at any time without any prior notice to the Users.

53.      The right to interpret these Terms and Conditions is vested in HKL. All questions or disputes shall be resolved by HKL in its absolute discretion.  In the event of any dispute, the decision of HKL shall be final and binding on all parties concerned.

54.      These Terms and Conditions are written in English. In case of discrepancies between the English version and any translation of these Terms and Conditions, the English version prevails.

55.      These Terms and Conditions and any provisions or documents expressly referred to in these Terms and Conditions constitute the entire agreement between HKL and an User of the App and supersede all previous discussions, correspondence, negotiations, arrangement, understanding or agreement between HKL and an User of the HKL Community App relating to the subject matter. 

56.      Users should separately refer to the respective Merchants for their terms and conditions.

Welcome to Centricity Flex!

Centricity Flex (“Centre”) strives to provide a conducive working environment to be enjoyed by all users. These House Rules are designed to ensure that all users enjoy the use of our Centre. The House Rules apply to the entire Centre including but not limited to your Allocated Workspace and all Shared Space such as the pantry and utility areas. We may amend the House Rules from time to time if we deem it necessary.

[“We”, “Our”, “Us” refers to the Licensor and/or the Centre team and “You” and “Your” refers to the Licensee and/or Licensee’s registered occupants. “Agreement” refers to the Licence Agreement between you and us, to be executed or executed.]

1.     Access to the Centre o Our Centre business hours are from Mondays to Fridays (except public holidays), between 08:00 and 18:00. Where the Agreement permits, you may enter the Centre outside these hours by using a 24-hour mobile access card.

o    You are more than welcome to invite guests and visitors to the Centre and you may make use of the café for your discussions. If you would like a more private space you may make use of our hot desks, work pods or meeting room facilities (pre-booking is required via the app; charges apply).

o    Strictly no visitors are allowed in the Centre outside of the Centre business hours.

2.     Use of the Centre, its Facilities and Services o      The Centre is intended solely for office use only and not for any other purpose.

o    You must not use your Allocated Workspace and/or any part of the Centre (including its address) for any illegal or immoral purposes. We reserve the right to immediately suspend all services and/or terminate the Agreement if the Centre or its address are being used for other activities other than as an office or being used in connection with possible fraudulent activity or activity that may be a violation of any law or governmental regulations.

o    Where the Agreement permits, you may carry on working beyond our Centre business hours. However, under no circumstances should your Allocated Workspace or any part of the Centre be used as accommodation.

o    Unless the Agreement allows it, you may not use the Centre as your business address or registered office, direct mails to the Centre or use our Centre team to collect your mails, messages or take your calls.

o    You shall not affix anything to the windows, walls, furniture, equipment or any other part of the Centre except with our prior written consent.

o    No signage or advertisement is allowed to be displayed anywhere in or on your Allocated Workspace, or anywhere else, that is visible from outside your Allocated Workspace without our prior written consent. We reserve our right to specify the signage design or dimension and charge you a fee for displaying the signage.

o    You must not make any alterations or additions to your Allocated Workspace or any part of the Centre. o You shall not keep or operate any heavy machinery, plant, furniture, equipment or goods in any part of the Centre.

o    The electrical outlets provided in the Centre are intended for ordinary office lighting, to power personal computers and to charge small appliances only. Please do not overload the electrical outlets. Only 1 extension cord or multiplug may be used at each electrical outlet. If you require any special installation or wiring, you must submit a written request to us and such request shall be subject to our approval. Any wiring works will be undertaken by our appointed electrician and the cost shall be paid by you.

o    We may access or enter your Allocated Workstation at any time to view the state and condition of the Allocated Workstation and to carry out any testing, repair works, cleaning and/or maintenance work as may be necessary. We will take reasonable precautions not to unduly affect your business operations.

o    Work Pods & Flex Desks

  You may use the Work Pod and / or Flex Desk assigned to you for the duration specified under your booking made via the Centricity app. We may at any time, and in our absolute discretion, assign you to any Work Pod in the Centre.

  Please note that prior reservation is required for use of Flex Desks subject to advance payment of a fee prescribed by us. All personal and work items should not be left overnight, and you must clear all of your items from all work areas used by you when you have finished working. Please also ensure that the work area you have used is clean before you leave.

       Work Pods and Flex Desks are only useable during standard operating hours (08:00 – 18:00 Monday to Friday)

       Shared Space

The pantry, utility areas, meditation room, mothers’ room and other Shared Space are intended for communal use with others. Please use these areas responsibly and courteously and please be considerate to the needs of other users, for instance, please do not use the meditation room or the mothers’ room for more than 30 minutes each time.  For security reasons, please make prior reservation with the Centre for the use of the mothers’ room.

       Centre Facilities o            All bookings of our Centre facilities such as Flex Desks, Meeting Rooms and Work Pods are subject to availability and/or prevailing charges.

o    Please keep to your booked timing. If you do not turn up or are 15 minutes late, the booking will be deemed cancelled.

o    If bookings are cancelled within 24 hours prior to the booked timing, you will be charged 100% of the total fees and charges. If bookings are cancelled more than 24 hours in advance, you will be charged 50% of the total fees and charges.

o    We will be happy to assist in making special arrangements for the use of our Centre facilities outside the Centre opening hours, such as events. This can be discussed and agreed to, as and when you may require such facilities.

Office Support Services o Office support services are available only during Centre business hours and subject to the availability of our Centre team at the time of request. We will endeavour to assist you at the earliest opportunity and provide the service as requested but will not be held responsible for any delay.

o Do note that office support services are subject to charges depending on the amount of time taken to complete the service, in addition to the prevailing rates of such services chargeable by us or by a third party. This can be discussed and agreed to as and when you may require such facilities. o You agree that you release us and the Centre team from any liability arising out of or incurred in connection with any mail or packages received and sent on your behalf. Packages should be collected by the following day and storage fees may apply if packages remain uncollected for more than 48 hours.

3.     Code of Conduct o We encourage interaction and networking among users at the Centre. We welcome and expect some general office noise in the Centre. While we generally will not interfere, we may request you to keep the noise level down if necessary and we seek your kind understanding and cooperation.

o    You, your registered occupants/users and guests shall conduct yourselves in a business-like manner. In general, we do not impose a dress code but please respect other users by dressing appropriately.

o    Any person whose conduct or attire causes undue distress or disruption in the Centre will be asked to leave the premises immediately.

o    You acknowledge that due to the shared nature of the Centre especially in Shared Space, sensitive information may sometimes be overheard, and you agree to respect the right of privacy and confidentiality of other users in such circumstances.

o    Smoking is strictly prohibited by law in the Centre and throughout the building. o No animals are allowed in the Centre.

o    Please prevent outbreaks of fire in or about the Centre and participate in any fire safety exercises as organised by the building manager.

o    Please respect and be considerate to all members, users and staff at the Centre. We do not tolerate inappropriate, threatening or abusive behaviour and any such person (your staff, guests, occupants, users, agents, representatives, contractors and customers included) will be asked to leave the premises immediately. We reserve the right to suspend or terminate your Agreement and access to the Centre.

o    Please take good care of all parts of the Centre, its equipment, appliances, fittings and furnishings. Leave everything as you find it.

o    Please refrain from moving the Centre’s equipment, appliances, fittings and furnishings. If you have moved anything around, please return them to their original location. Do note that you may be held liable for the repair cost or full replacement cost of any items damaged by you or your guests. o Canvassing, soliciting or peddling for any reason or in any manner whatsoever in the Centre is prohibited and you must not solicit other Licensees in the Centre for any business or other purpose without our prior written approval.

4.     Cleanliness o     Keep the Centre clean and tidy at all times and please do not to cause any obstruction in any part of the Centre.

o    Please clean up before you leave, be it at your Allocated Workspace or anywhere else in the Centre. o Please do not bring food with strong odour to the Centre.

5.     Security and Liability o Please help us to ensure all secondary door accesses are always kept closed. o For security and property management reasons, do note that surveillance cameras are installed at various locations within the Centre.

o    Please take care of your personal property and belongings at all times. We will not be liable for any loss, damage, destruction or theft of your personal property or belongings or those belonging to your registered occupants/users or guests at the Centre, and to the extent permitted by law, we will not be liable for any death, injury or damages caused to or suffered by any person and you, your registered occupants/users and your guests release and waive us from all such claims, if any. o You agree that you will indemnify us against all claims, demands, actions, proceedings, judgements, damages and/or loss that you, your registered occupants/users or your guests may suffer as a result of your use of the Centre.

6.     Connectivity o   The Centre provides you with shared internet service for regular business activity, such as web browsing, send and receive electronic communications, access to business application. Please do not cause the shared internet service to be overloaded.

o    The internet service may be used for lawful purposes only. Transmission, distribution, downloading or storage of any information, data or material in violation of any applicable regulation or law is prohibited.

o    If the number of users of our internet service may be increased by you utilising a gateway device (e.g. a router or firewall etc) or by other means (collectively “Gateway Device”), please make prior reservation with the Centre before using any Gateway Device . For the avoidance of doubt, the Centre reserves the right to restrict the number of internet users from time to time and hence you may not be able to use any Gateway Device. If the Centre allows the use of any Gateway Device, our prevailing fee for internet usage per user will apply.

o    You are not allowed to extend the access points to the telecommunications/data lines by means of wire splitting or any other method including wireless devices. You will be asked to pay the prevailing fees for any unauthorised telecommunications/data lines use.

o    You shall not install any machine, cabling, IT equipment, Wi-Fi equipment or any form of telecoms connection in the Centre for sending or receiving communications without our written consent. o Please maintain the latest anti-virus software which is to be kept updated and ensure that no malware, viruses, spyware, worms, Trojans, or anything that is designed to perform malicious, hostile and/or intrusive operations is/are present in your computers, tablets, mobile devices and/or other electronic equipment before accessing our shared internet service. We reserve the right to remove or disconnect any device from our networks that poses a threat to our networks and/or other users until such threat is remedied. o Server Room:

  Please do not store anything in our server room.

  Entry to the Server Room must be accompanied by a Centre IT staff and charges will apply accordingly for the IT services required.

7.     Technology Release

In order to utilise the services at the Centre, such as printing, internet connectivity, it may be necessary to install or run software on your or your registered occupant’s/user’s device/computer. In addition, from time to time and at your request, we or our third-party service provider may be required to access your device/computer to troubleshoot problems. You agree that we and/or our third-party service provider are not responsible for any damage to you or your registered occupant’s device/computer system related to such technical support or the downloading and installation of any software. We do not assume any liability or warranty in the event that any manufacturer warranties are voided and do not offer any verbal or written warranty, either express or implied, regarding the success of any technical support.