This Agreement applies as between you, the user of "ELEMENTS APP" application and any related websites or other online / digital electronic / virtual / cyber / AI platforms whatsoever that MTRCL may operate for or in connection with ELEMENTS APP (collectively, the "Application") and MTR Corporation Limited (香港鐵路有限公司) (which hereinafter, as the case may be, is referred to as "MTRCL", "ELEMENTS", "we", "our" or "us"), the owner of the Application.
Your acceptance of this Agreement is deemed to occur upon your clicking of the "DOWNLOAD" or "INSTALL" button to get the Application. If you do not agree, you should not download or use the Application and remove it from your mobile device.
The purpose and functions of the Application include (without limitation) to allow you:
(a) to search for shops and dining facilities at ELEMENTS;
(b) to access your ELEMENTS CLUB account information (including your name, membership number, membership valid date and current ELEMENTS POINT and/or stamps, etc.) and to manage your account;
(c) to access the ELEMENTS CLUB Loyalty Program (the “Program”), and to earn ELEMENTS POINT and/ or stamps, to use the ELEMENTS POINT and/ or stamps to redeem rewards and/ or reserve rewards, in each case in accordance with the Terms and Conditions of the Program (the “Terms and Conditions of the Program”);
(d) to receive in-app notifications and/or push notifications to your mobile device of the latest news, notices, and offers of and from MTRCL, ELEMENTS, and/or ELEMENTS’ tenants relating to, the retail, entertainment, leisure and sports, health and wellness, food and beverage, education, environmental, non-profit, telecommunications, media and public relations, information technology, property, banking, financial, transportation, travel and tourism industries;
(e) to make enquiries through an in-app text box on your mobile device;
(f) other purposes ancillary or related to the above.
1. Grant of Licence
1.1. MTRCL grants you a personal, limited, non-exclusive, non-transferable, and revocable licence to use a single copy of the Application on a single mobile device primarily used by you for your personal non-commercial use only. You may terminate this Agreement at any time by uninstalling the Application and destroying all copies in your possession. MTRCL fully reserves all rights not expressly granted under this Agreement, and may terminate this Agreement at any time upon your breach.
1.2. MTRCL may, at any time without notice, impose access or usage limitations, change or stop providing the Application (or any parts thereof) to any Users.
2. Ownership of the Application
2.1. MTRCL owns, retains and reserves all rights, title and interests (including but not limited to all intellectual property rights) on all texts, graphic images, photos, logos, icons, sound clips, video clips, data compilations, page layout, underlying code (including object and source codes), software and any other materials in and to the Application (collectively, the "Content"), except those in Third Party Materials and/or Third Party Links/Platforms.
2.2. In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear in the Application are registered, unregistered or otherwise protected MTRCL trademarks or are licensed for use by MTRCL by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained in the Application should be construed as granting, by implication or otherwise, any licence or right to use any trademark without MTRCL’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content in the Application, except as provided herein, is strictly prohibited.
2.3. You will not, nor allow any third parties to, (i) make, issue and distribute copies of the Application and/or its Content, or (ii) copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, adapt, or translate the Application and/or its Content (whether in whole or in part), or (iii) create any new or derivative works of the Application and/or its Content (whether in whole or in part) of any kind whatsoever, or (iv) attempt to do any of the foregoing prohibited acts.
2.4. You may not use the Application for any purpose which is unlawful, abusive, defamatory, indecent, obscene, threatening, inappropriate, infringing any rights of MTRCL and/or any other third parties in any way or otherwise incites hatred or discrimination whatsoever.
3. Using the Application
3.1. In order to use the Program App, users are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements'). The Software Requirements are as follows: Apple iOS devices running iOS 15.5 or above. The version of the Program App software may be upgraded from time to time to add support for new functions and services.
3.2. Charges (including roaming charges) imposed by your mobile service provider may apply. You are responsible for these charges. The Application is primarily provided over the internet and/or mobile networks, so the quality and availability of the Application may be affected by factors outside MTRCL's reasonable control.
3.3. You must not use the Application on any mobile device or operating system that has been modified outside the vendor-supported or vendor-warranted configurations (i.e. commonly referred as "jail-broken" or "rooted").
3.4. Where you are a Member, you shall comply with the relevant further terms and requirements issued by MTRCL and/or ELEMENTS CLUB from time to time in relation to your registration and use of the Application. Your participation in any ELEMENTS POINTS Promotion shall be subject to the applicable Rules of Promotion. These further terms and rules will be provided to you separately as and when applicable. You can, at any time deregister your registration to only use the Application as an anonymized/guest User. You can deregister your registration by downloading and logging into the latest version of ELEMENTS APP, following the instruction to complete the deregistration process. Once deregistered, all points and redeemed gifts will be voided and forfeited. MTRCL will retain your personal information for one year from the date of the deregistration of your ELEMENTS APP account ("Data Retention Period"), for the purpose of handling your enquiries in relation to your deregistered ELEMENTS APP account, your personal information will be erased permanently after the Data Retention Period. You may not use the same email address to register another ELEMENTS APP account during the Data Retention Period. You may contact our customer service hotline at +852 2735 5234 for information on deregistration process. We will process your request to deregister subject to our PICS and data retention policy. MTRCL will not be liable or responsible for any losses arising from deregistration.
4. Privacy
4.1. Use of any personal data for or in connection with the Application is governed by our relevant personal information collection statements. We will notify and post updates on the Application. Please read them to understand our privacy policy and practices.
5. Limitation of liability
5.1. Any access to or use of the Application and any information therein are at your own risk. To the maximum extent permitted under applicable laws, MTRCL and our Subsidiaries fully disclaim any and all representations and warranties for or in relation to Application and/or its Contents (such as without limitation, with respect to its usefulness, availability, accuracy, reliability, fitness for purpose, quality, title, non-infringement, completeness).
5.2. To the maximum extent permitted under applicable laws, MTRCL and our Subsidiaries shall not be responsible or liable for any direct, indirect, consequential, exemplary or special losses, damages, costs or expenses (including but not limited to legal expenses) of any character, nature or kind whatsoever, arising out of, from or in connection with the Application, including but not limited to loss or misuse of any personal data or other information/data, or fraud by any other person in relation to the Application.
5.3. Any dealings that you may have with any Affiliates and/or their products/services on or through or otherwise in collaboration with the Application, or your participation and dealings in any promotions or other activities of any Affiliates, are solely between you and the relevant Affiliates concerned. Any Third Party Materials, Links and/or Platforms presented in the Application are for your general information only, and do not constitute our endorsement of them. MTRCL and our Subsidiaries are not responsible or liable in any way for the foregoing. Any Users' disputes, actions and/or recourse on the foregoing should be directly sought against the relevant Affiliates concerned.
5.4. You are responsible for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to prevent and scan for computer viruses or other destructive software in the Device. MTRCL accepts no liability for any loss due to viruses, malware, or other malicious software that may infect your Device when using the Application, nor for any unauthorized access to, alteration of, or deletion, destruction, damage, loss or failure to store any of your content or other data.
5.5. MTRCL does not warrant that the functions contained in the Application will be uninterrupted or free of defects and/or faults, the defect will be corrected, or that the Application or the server that makes it available if free of viruses or other harmful components.
5.6. Nothing in this Agreement shall exclude or limit MTRCL's liability for death or personal injury caused by MTRCL and/or ELEMENTS CLUB's negligence.
6. Indemnity
6.1. You hereby agree to indemnify in full and on demand, and to hold MTRCL and our Subsidiaries, as well as its/their officers, directors, agents and employees, harmless from and against any losses, claims, liabilities, damages, demands, costs and/or expenses (including all legal fees and expenses) that may be incurred or suffered by us and/or any of the foregoing parties (whether directly or indirectly) caused by, in connection with or otherwise arising from your breach of this Agreement, and/or your access to or use of this Application. We may, if necessary, participate in the defence of any claims, disputes or actions against us or any of the foregoing parties and/or negotiations for settlement. No settlement that in our opinion may adversely affect our rights or obligations shall be made without our prior written approval. We fully reserve the right to assume exclusive defence and control of the conduct of any such claims, disputes or actions.
7. Miscellaneous
7.1. General. Save for any written waiver by MTRCL, failure of MTRCL to exercise or enforce any right or provision of this Agreement will not constitute as its waiver. MTRCL may revise this Agreement at any time and will use reasonable efforts to notify you of any important changes made to this Agreement by appropriate method. Your continued use of the Application after our relevant notification will constitute your acceptance of such changes. If you do not agree with any changes, please refrain from using the Application. If any term of this Agreement shall be unlawful or unenforceable under applicable laws, that term will be deemed severed without affecting the validity or enforceability of any remaining terms. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MTRCL without restriction. This Agreement (and any revisions thereof as may be made by MTRCL and/or ELEMENTS CLUB) forms the entire agreement between you and MTRCL relating to the subject matter herein.
7.2. Third Parties. Except for MTRCL's Subsidiaries, any person not a party to this Agreement shall have no right to enforce any of the provisions hereunder under the Contract (Rights of Third Parties) Ordinance (Chapter 623). For any third party rights conferred by this Agreement, their consent is not required to rescind or vary this Agreement.
7.3. Governing Law and Jurisdiction. This Agreement, and any disputes or claims arising from, out of or in relation to it (whether contractual or non-contractual), shall be governed by and construed in accordance with the laws of Hong Kong. You hereby irrevocably submit to the exclusive jurisdiction of the Hong Kong courts.
7.4. Notices. Notices or other communication on this Agreement shall be made as follows:-
7.4.1.in the case of notification to MTRCL, in writing and sent by facsimile, personal delivery, or post to the below address or any such other address as MTRCL may nominate from time to time:
MTR Corporation Limited (Ref: ELEMENTS APP)
Address: MTR Headquarters Building, Telford Plaza, Kowloon Bay, Kowloon, Hong Kong
Facsimile: (852) 2798 8822
7.4.2.in the case of notification to Members by ELEMENTS, in writing and sent to their email addresses, which will be deemed to have been received upon dispatch of such communications without bounce-back or delivery failure report.
8. Definition and Interpretation
8.1. In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings:-
(i) "ELEMENTS APP" means the mobile application operated by ELEMENTS that provides news, offers, discounts, notices, advertisements, and information from MTRCL and their relevant Subsidiaries and/or Affiliates;
(ii) "User" means any individuals who have successfully downloaded, installed and accepted this Agreement to access and use the Application, and "Member" means any Users who have successfully completed the member registration process and have logged in to access and use ELEMENTS APP;
(iii) "ELEMENTS POINT Promotions" or "Promotions" means the promotional programme offered in ELEMENTS APP, subject to the applicable Rules of Promotion (i.e. any general and/or specific rules, requirements, terms and conditions, personal data collection statements and related policies for the relevant Promotions that may be introduced and issued by MTRCL and/or ELEMENTS CLUB from time to time);
(iv) "ELEMENTS" means mall and related premises and facilities that may be managed or operated by MTRCL and/or their relevant Subsidiaries from time to time;
(v) "Subsidiaries" means relevant subsidiaries of MTRCL, including but not limited to, Ngong Ping 360 Limited, Octopus Holdings Limited, Octopus Cards Limited, TraxComm Limited and MTR Travel Limited, but excluding any Subsidiaries which operate in the European Union;
(vi) "Affiliates" means any merchants of ELEMENTS, and/or any third party merchants, advertisers, service providers and business partners of the relevant Marketing Subjects for products and/or services offered on or via or otherwise in collaboration with the Application;
(vii) "Marketing Subjects" means any products and services of or relating to any of the following industries and business fields: retail, entertainment, leisure and sports, fashion and accessories, lifestyle, clothing and related services, catering, food and beverages, homeware and household products, beauty, hairstyling, healthcare, health and wellness, pharmaceuticals, medical and veterinary, transportation, travel and tourism, banking, monetary and financial, electronic payment and commerce, games and gaming, media and public relations, advertising, digital and information technology, communications, telecommunications, education and training, environmental, publication, exhibition, recruitment, property, logistics, security, cleaning and laundry, and charity and non-profit;
(viii) "Third Party Materials" means any in-app contents, information, materials or advertisements that may be created, offered and provided by any Affiliates (or any third party on their behalf) in the Application;
(ix) "Third Party Links/Platforms" means any links that may, from time to time, be made available in the Application to any websites, applications, mini-programs, online platforms and/or resources created, provided, operated and managed by any Affiliates (or any third party on their behalf);
(x) "Website" means the website located at the URL http://www.mtr.com.hk, and any other domain names, websites and online platforms as may be registered, managed and operated by MTRCL & ELEMENTS, including the dedicated websites related to ELEMENTS APP and ELEMENTS POINT Promotions.
8.2. In the event of any inconsistencies, differences or conflicts between the English and Chinese versions of this Agreement, the English version will prevail.
Version: November 2025
