Terms and Conditions
Welcome to our application (the "App"). This App is published by or on behalf of Air Hong Kong Limited ("AirHK" or "we" or "us") a company registered in Hong Kong SAR.
2. GENERAL RULES RELATING TO CONDUCT
The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable Hong Kong SAR laws and with any applicable international laws, including the local laws in your country of residence (together referred to as "Applicable Laws").
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law; or
(d) Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the App in a manner that sends more request messages to the AirHK servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser or mobile device. You agree not to collect or harvest any personally identifiable information, including account names, from the App, nor to use the communication systems provided by the App (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the App with respect to their Content.
You agree to indemnify AirHK and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
3. AIRHK ACCOUNTS
In order to access the App, you will have to create an AirHK Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify AirHK immediately of any breach of security or unauthorized use of your account.
Although AirHK will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AirHK or others due to such unauthorized use.
The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material ("Material") is owned by or licensed to AirHK or its group companies or third party partners of AirHK. All rights are reserved. You can view the Material but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without AirHK’s express permission.
The trademarks, service marks, and logos ("Trade Marks") contained on or in the App are owned by AirHK or its group companies or third party partners of AirHK. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of AirHK or the relevant group company or the relevant third party partner of AirHK.
5. ACCOUNT TERMINATION POLICY
AirHK will terminate a user's access to the App if, under appropriate circumstances, the user is determined to be a repeat infringer.
6. LINK TO THIRD PARTIES
The App may contain links to websites operated by third parties ("Third Party Websites"). AirHK may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, AirHK does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
8. DISCLAIMER / LIABILITY
USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) AIRHK DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN AIRHK AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
AirHK will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
AirHK will not be liable in any loss of accumulated time in any account due to network disconnection, data error, technical failure or illegal use of the App.
Nothing in these Terms shall be construed as excluding or limiting the liability of AirHK or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by Hong Kong SAR law.
9. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the App is not intended for children under 13. If you are under 13 years of age, then please do not use the App.
10. SERVICE SUSPENSION
AirHK reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
11. ADVERTISERS IN THE APP
We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not AirHK, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
These Terms (as amended from time to time) constitute the entire agreement between you and AirHK concerning your use of the App.
AirHK reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available in Settings > Terms & Conditions in the App. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of AirHK.
These Terms shall be governed by and construed in accordance with Hong Kong SAR law and you agree to submit to the exclusive jurisdiction of the Hong Kong SAR Courts.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
AirHK's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AirHK in writing.
13. CONTACT US: If you have any queries or reports on the content/video, you can contact us at firstname.lastname@example.org
Dated: 24 Aug 2016
This application ("App") has been developed and is operated and maintained by or on behalf of Air Hong Kong Limited ("AirHK", "we" or "us").
AirHK is committed to protecting the privacy of your personal information whilst striving to provide the very best user experience. We want our apps to be safe and enjoyable for everyone.
Whenever you use our App, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes.
We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
2. THE TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT THEM
After you download the App via an application store (including but not limited to the iTunes App Store and/or Google Play ("App Store")), you will need to register an account with us.
We may collect the following information:
- Date of birth
- Contact information including email address and phone number
- Demographic information such as home district
3. WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email. We may use the information to customise our App according to your interests.
- For any purpose if we are required to do so by any law or other regulatory or government authority.
4. WHO WE MAY SHARE YOUR PERSONAL INFORMATION WITH
Agents: we use third parties to perform certain functions on our behalf including sending SMS/emails. They will have access to your personal information if necessary to perform their function but they cannot use it or disclose it for any other purpose, unless you have specifically given them consent to do so.
Aggregate Information: we may share aggregate, non-personally identifiable information, such as demographics and App usage statistics, with advertisers, sponsors and other organisations.
Third Party Analytics Services: we may use the Google Analytics or other analytics services to anonymously collect and analyse which pages of the App are viewed and for how long and which links are followed, so that we can provide more content which is of interest to you.
5. MAINTENANCE AND STORAGE OF INFORMATION
6. LINKS TO OTHER WEBSITES
AirHK will adopt appropriate security procedures to help prevent unauthorised access to your information. Neither AirHK nor any of its group companies shall be liable for any attempt to hack or crack or otherwise gain access to any of your information on servers owned and maintained by or on behalf of AirHK and its group companies.
We encrypt many of our services using SSL.
We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorised access to systems.
We restrict access to personal information to AirHK employees, contractors and agents who need to know that information in order to process it for us and who are subject to strict contractual confidentiality obligations. They may be disciplined or their contract terminated if they fail to meet these obligations.
8. POLICY CHANGES
9. QUESTIONS ABOUT THIS APP AND THE INFORMATION WE HOLD ABOUT YOU
If you have any general questions about this App or the information we have collected about you and how we use it, you can contact us at email@example.com.