in respect of any company, any holding company of such company, all subsidiaries of such holding company and all companies or bodies corporate in respect of which any such holding company or the company holds an interest equal to or greater than 20% of the voting or capital rights in that company or other body corporate;
has the meaning ascribed to it in paragraph 12;
all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials displayed on or available through the Website;
has the meaning ascribed to it in paragraph 9;
the Hong Kong Special Administrative Region of the People's Republic of China;
has the meaning ascribed to it in paragraph 7;
any products which may from time to time be available to be purchased, redeemed or given away via the Website;
any person who access the Website;
"MTR Corporation, we, our, us"
MTR Corporation Limited a corporation established pursuant to the Companies Ordinance Cap. 32 having its principal office at MTR Headquarters Building, Telford Plaza, Kowloon Bay, Kowloon, Hong Kong;
the Website located at URL https://www.elementshk.com ; and
users of the Website.
2. SUBSCRIPTION SERVICE
You may be provided with certain services by us, including but not limited to our subscription service and customer feedback collection on the Website.
You may be eligible, subject to any criteria we may impose from time to time, to join our subscription service whereby upon successful registration, we will send you an email alert regarding any update or other information about us or any information contained on or through this Website. If you are eligible for this subscription service, you will be required to fill in a form setting out some of your personal details such as your email address. You also have the right to unsubscribe to our subscription service at anytime by emailing to email@example.com.
You agree that we are under no obligation to send you any email alert. We are at liberty to terminate your subscription if you are no longer eligible or for any reason whatsoever. We will not be liable or responsible in any way should you fail to receive the email alert or if the subscription service is terminated for any reason.
You may also provide your feedback to us on the “Guest Book” section of the Website, where you will be required to fill in a form setting out some of your personal details including your name, gender, contact number and email. Incomplete and inaccurate information may prevent the processing of such customer feedback.
The personal data collected will be used for the sole purpose of providing the subscription service to you or/and handling of your customer feedback and will not be transferred to any third party, unless such parties are authorized by law to request the information or otherwise relevant to and necessary for the purposes stated above.
3. DATA PRIVACY
For information about our privacy policies and practices, please refer to our Personal Information Collection Statement. Where personal data is collected in connection with the Website (including the subscription service and the customer feedback), you should also have reference to the relevant Personal Information Collection Statement linked to the form through which your personal data is collected.
You agree to use this Website for your personal, non-commercial use only and you are solely responsible for all Content whether publicly posted or privately transmitted by you on or through this Website.
As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by any applicable laws or the terms, conditions, and notices contained herein. Without limiting the generality of the foregoing, you further agree not to:
a. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;
b. post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;
c. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
d. post, publish, transmit, reproduce, distribute or in any way exploit any Content obtained through the Website for commercial purposes;
e. upload, post, publish, transmit, reproduce, or distribute in any way, any component of the Website itself or any Content obtained through the Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission;
f. transmit, post or upload any Content that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment through this Website;
g. transmit, post or upload any Content protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
h. interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks;
i. attempt to gain unauthorised access to the Website, computer systems or networks connected to the Website, through password mining or any other means;
j. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
k. "stalk" or otherwise harass another; or
l. collect or store personal data about other users.
We do not actively monitor the Content submitted, posted, transmitted or sent by users to, on or through the Website or guarantee the accuracy, integrity or quality of such Content. However, we will consider complaints concerning inappropriate Content on this Website, 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 this Website or any link to any Website which we consider appropriate in our sole discretion. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, emailed or otherwise transmitted via the Website.
7. LINKS TO THIRD PARTY WEBSITES
We may provide links to other sites or resources ("Linked Site(s)"). We have no control over the Linked Sites and we are not responsible for the Content of any Linked Site or any links contained in a Linked Site, or any changes or updates to such sites. We do not monitor the contents of the Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Website or any association with its operator. Where a Linked Site advertises, sells or contains financial products or services information, we expressly declare that we do not endorse any such financial products or services as appearing on that Linked Site or any other web site which the Linked Site may link to. Please refer to our Important Notice. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any Linked Site.
8. DISCLAIMERS & LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE CONTENT OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES AS TO:
a. THE AVAILABILITY OF THE WEBSITE OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
b. THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE;
c. THE MERCHANTABILITY, STANDARD OF QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PRODUCTS AVAILABLE ON THIS WEBSITE;
d. THE USE OR EXERCISE OF REASONABLE CARE AND SKILL IN PROVIDING OR DELIVERING ANY SERVICES ON OR THROUGH THE WEBSITE OR THE TIMELINESS OF SERVICES OFFERED OR PROVIDED ON THE WEBSITE;
e. NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; OR
f. THE WEBSITE BEING FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEBSITE OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
a. the failure, or alleged failure, of any Product;
b. the breach, or alleged breach, of any warranty, express or implied, relating to any Product;
c. any loss or damage to any such Product;
d. any act or failure to act of any, shipper or other carrier, or any employee or agent thereof; or
e. any unauthorized use of the Website or breach of security relating to the Website.
You will exercise and rely solely on your own judgment in using the Website or purchasing or redeeming the Products. In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Website, even if we have been advised of the possibility of such damages including without limitation, unauthorised access using your Username and Password or transmission of Content or any transactions entered into through the Website. You specifically agree that neither we nor our affiliates shall be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that neither our affiliates nor we shall be responsible for the Content sent out using and/or included in the Website by any third party.
We make no representation that materials on this Website are appropriate or available for use in any other jurisdictions, and accessing the Website from locations where its operation are illegal is prohibited. Those who access this Website from other locations do so at their own discretion and are solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the Internet and online conduct.
9. INTELLECTUAL PROPERTY
Except as otherwise expressly permitted by us and the copyright owner by written permission and/or under applicable copyright law, no modification, copying, redistribution, uploading, retransmission, publication or commercial exploitation of downloaded material will be permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any change to or deletion of author attribution, trademark, legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") in connection with the Website without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings you may have with any advertiser on this Website or your participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Neither we nor our affiliates shall be responsible or liable for any part of any such advertisement dealings or promotions.
12. LEGAL COMPLIANCE
You shall comply with all applicable laws, statutes, ordinances and regulations (whether or not having the force of law) ("Applicable Laws") regarding your use of the Website. You recognise the global nature of the Internet and you understand that the Applicable Laws may be of a jurisdiction other than your own and you agree that compliance with Applicable Laws is your sole responsibility. We recommend that you seek legal advice on your own account if you are not sure what Applicable Laws comprise.
We may terminate your use of and access to any part or all of this Website 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:
b. if we are unable to verify or authenticate any information you provide to us;
c. if we believe that your actions may give rise to liability of any nature; or
d. if we deem your action unsuitable or inappropriate.
Upon termination, you must destroy all material obtained from this Website and any copies thereof. If you wish to terminate your use of part or all of the Website your only recourse is to discontinue the use of the Website.
15. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any part thereof.
16. GOVERNING LAW & JURISDICTION
This Website (excluding Linked Sites) is hosted by us from our office in Hong Kong. By accessing this Website, you agree that any claim relating to this Website 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 civil or criminal proceedings in any jurisdiction having control over you or your assets. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
17. NO AGENCY
You and we are independent, and no agency, partnership, joint venture, trustee, beneficiary, employee-employer or franchiser-franchisee relationship is intended or created by your use of the Website.
18. SYSTEM AVAILABILITY
We do not guarantee uninterrupted, continuous or secure access to the Website. Part or the entire Website may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruptions, Internet access downtime and other technical problems beyond our control for which we cannot and shall not be held responsible. You agree that your use of the Website is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use the Website for any reason whatsoever. We reserve the right to take any part or all of the Website offline for various reasons including urgent system maintenance or upgrading, in which case we will try to give you notice in advance if possible.
19. PARTIAL INVALIDITY
21. GENERAL PROVISIONS
a. words importing one gender include the other genders;
b. words importing the singular shall include the plural and vice versa;
e. a right granted or reserved may be exercised from time to time;
g. any reference to a person shall include that person's successors, representatives and permitted assigns; and