1. These terms and conditions (“HKKF Digital Services Terms”) apply to any form of digital services provided by Hong Kong & Kowloon Ferry Limited and/or its affiliated companies (collectively, “HKKF”). Such digital services (“HKKF Digital Services”) include but are not limited to HKKF’s mobile application and HKKF’s website (hkkf.com.hk).
2. By using the HKKF Digital Services, you are deemed to have read, understood and agreed with all parts of the HKKF Digital Services Terms.
Nature of information
3. Information provided via HKKF Digital Services, including but not limited to ticket prices, service charges and service schedules, is general information for reference only. Without prejudice to the generality of the other provisions of the HKKF Digital Services Terms, HKKF makes no statement, representation, warranty or guarantee whatsoever (whether express or implied) in respect of the accuracy or completeness of the information provided via HKKF Digital Services, and HKKF accepts no liability for any loss or damage whatsoever and howsoever arising from such information.
Limitation of liability and indemnity
4. The HKKF Digital Services are provided to you on an “as is” and “as available” basis only, and you should use them at your own risk.
5. HKKF is not responsible for the accuracy, timeliness, quality, nature, character, or privacy of content provided via HKKF Digital Services.
6. HKKF hereby disclaims any and all express, implied or statutory warranties of any kind related to the HKKF Digital Services, including without limitation, any warranties of merchantability, satisfactory quality, title, non-infringement and fitness for use or for particular purpose. HKKF disclaims and makes no express or implied guarantee or warranty whatsoever as to the quality, speed, stability or security of the HKKF Digital Services, in particular, accuracy, completeness and/or freedom from malware/viruses/harmful code and error of any transmission through the HKKF Digital Services, and you agree that no oral or written information provided by HKKF, its directors, officers, employees, sub-contractors, representatives or agents shall create any warranty or guarantee of any kind.
7. Use of the HKKF Digital Services may be subject to interruptions, interference, hacking, transmission blackouts or delayed, incorrect or incomplete transmission due to factors or reasons such as internet traffic or the public nature of the internet;
8. There are security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet. HKKF does not make any assurances, representations, or warranties relating to such risks. HKKF is not responsible for providing security measures for your software or hardware or use of the Internet. You are solely responsible for providing all appropriate antivirus and firewall software, and other desired or necessary protections for your devices. You understand that third parties may access your device or files or monitor your connection to the HKKF Digital Service. It is your sole responsibility for ensuring adequate protection at all times of any of your information and data which may be used via the HKKF Digital Service and take all reasonable and appropriate precautions for protection of such information and data;
9. To the maximum extent permitted by law, HKKF shall in no event be liable for any losses, claims, expenses, costs and/or liabilities arising out of or in connection with your use of the HKKF Digital Services howsoever caused, including without limitation (i) any failure, non-availability or malfunctioning of the network, equipment, communication facilities; (ii) any refusal or failure to acknowledge, accept or complete any action which you conduct through the HKKF Digital Services; (iii) any damage, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings incurred by you and resulting from your access to, or use of, or inability to use, the HKKF Digital Service, whether such damage or loss may have been directly or indirectly caused, whether they may be incidental or consequential, and whether HKKF had knowledge or was advised of the possibility of such damage or loss; (iv) any interception of transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the HKKF Digital Service.
10. You shall indemnify HKKF, its directors, officers, employees, sub-contractors, representatives or agents for any losses (including without limitation, loss of property), claims and liabilities arising out of or in connection with (i) your breach of these HKKF Digital Services Terms; and/or (ii) your use of the HKKF Digital Services.
Links to third parties
11. HKKF Digital Services may contain links to website, products and services operated by third parties. HKKF hereby expressly disclaims any warranty, responsibility, endorsement, approval, recommendation or preference of or for such third parties, or the products and/or services provided thereon. Any use of or access to such third-party websites or their products and/or services is solely at your own risk. Further, you accept that HKKF is not a party to any contractual arrangements entered into between you and the providers/hosts of the external website/application unless otherwise expressly specified or agreed to by HKKF.
Suspension and termination
12. HKKF reserves the right to terminate or suspend the HKKF Digital Service and/or impose any limitation and/or restriction on the use of the HKKF Digital Services without prior notice at any time for any reason whatsoever.
Intellectual property rights
13. You agree not to copy, reproduce, modify, create derivative works from, distribute, public display or reverse engineer the HKKF Digital Services or any content thereon without HKKF written permission.
14. You agree and undertake not to use the HKKF Digital Services for any unlawful, immoral or illicit purposes, or which may violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right, or any other right of any person or entity.
15. Without prejudice to the generality of the foregoing, you acknowledge that when using the HKKF Digital Services, you are strictly prohibited from sending any unsolicited electronic messages (whether of commercial or non-commercial nature) or accessing websites / applications containing materials which are obscene, indecent, violent, disgusted, libellous, threatening or discriminatory in nature or engaging in any online gambling or act that is illegal in Hong Kong.
16. You agree not to access without authority, interfere with, damage or disrupt:
16.1 Any part of the HKKF Digital Services;
16.2 Any equipment or network on which the HKKF Digital Services is stored;
16.3 Any software used in the provision of the HKKF Digital Services; or
16.4 Any equipment or network or software owned by or used by and third party.
Changes to HKKF Digital Services and its terms
17. HKKF may change the HKKF Digital Services from time to time without prior notice.
18. HKKF may revise the HKKF Digital Services Terms from time to time without prior notice. HKKF will make available the latest version of the HKKF Digital Services Terms via the HKKF Digital Services. You are deemed to have taken notice of all changes to the HKKF Digital Services Terms on the date HKKF makes available its latest version.
19. In the event of dispute regarding the HKKF Digital Services Terms and/or any matter arising out of or in connection with use of the HKKF Digital Services, HKKF’s decision shall be final and binding.
20. Both you and HKKF agree and acknowledge that (1) they do not intend any term of these HKKF Digital Services Terms to be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap 623); and (2) these HKKF Digital Services Terms shall be excluded from the application of the Contracts (Rights of Third Parties) Ordinance.
21. These HKKF Digital Services Terms are governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region and subject to the exclusive jurisdiction of the courts and tribunals of Hong Kong. In the event of any inconsistency between the English and Chinese versions of these HKKF Digital Services Terms, the English version shall prevail.