This agreement ("this Agreement") applies as between you, the user of the "[Next Train Application]" (the "Application") and MTR Corporation Limited ("MTRCL", "we", "our" or "us"), the owner of this Application. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your installing, copying or otherwise using the Application and/or by clicking the "DOWNLOAD" or "INSTALL" button of the Application for downloading the Application to your mobile device. If you do not agree to be bound by these terms and conditions, you should not download the Application and/or please terminate this Agreement immediately by removing the Application from your mobile device.I. Grant of Licence
MTRCL hereby grants to you a personal, limited, non-exclusive, non-transferable, revocable licence to use a single copy of the Application on a single mobile device primarily used by you. This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling the Application and destroying all copies of the Application in your possession.
Upon any termination, you agree to immediately uninstall the Application and destroy all copies of the Application, any accompanying documentation, and all other associated materials. MTRCL reserves the right to terminate this Agreement at any time if you are in breach of any of the terms of this Agreement.
MTRCL may, at any time and without giving notice to you, make changes, corrections and/or improvements to the Application, stop providing the Application or features of the Application to you or to users generally, or create usage limits for the Application.II. Ownership of the Application
While MTRCL provides the Application to anyone, we retain all right, title and interest (including intellectual property rights) on all text, graphic images, logos, icons, sound clips, video clips, data compilations, page layout, underlying code (including object and source codes), software and any other materials (the "Content") in and to the Application. Any act of "mirroring" the Application or the materials contained therein on your device and/or server without the prior written permission of MTRCL, or modifying or re-using the text or graphics on the Application is prohibited. MTRCL reserves all rights not expressly granted under this Agreement.
You may use the Application for personal purposes only, which includes recreational use, social use and use in education as a student or teacher. Specifically you agree that you will not:
(a) use the Content of the Application for commercial purposes; and/or
(b) systematically copy the Content from the Application with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by MTRCL.
The Application may contain links to other sites and resources provided by third parties. These links are provided for your information and/or easy access only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link to another site from the Application does not imply any endorsement of the sites or resources themselves or of those in control of them.V. Disclaimers
The Application is provided by us on an "as is" and "as available" basis. Neither MTRCL nor our affiliates make any representations or warranties of any kind, express or implied, as to the operation of the Application or the accuracy, adequacy and completeness of the content or products included on the Application. To the full extent permissible by applicable law, we and our affiliates disclaim all warranties, express or implied thereof. MTRCL accepts no liability for any disruption or non-availability of the Application resulting from external causes including, but not limited to, ISP equipment failure, push server failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
No part of this Application is intended to constitute advice and the Content of this Application should not be relied upon when making any decisions or taking any action of any kind. [In particular:
For MTR By-law - The information or recommendations related to MTR By-law in the Application are intended for reference only. MTRCL gives no guarantee or assurance whatsoever as to their applicability to any given set of facts. Users are urged to exercise his independent judgment on the interpretation of our MTR By-law and, where appropriate, avail himself of professional advice.
For Technical Information - The technical information presented in this system is simplified for ease of understanding and does not reflect actual complexity of the systems.]
MTRCL does not warrant that the functions contained in the Application will be uninterrupted or free of defects and/or faults, that defects will be corrected, or that the Application or the server that makes it available is free of viruses or other harmful components.VI. Limitation of liability
To the maximum extent permitted by law, MTRCL accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Application or any information contained therein. Users should be aware that they use the Application and its Content at their own risk.VII. Miscellaneous
Waiver. The failure of MTRCL to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by MTRCL.
Variation. MTRCL may revise this Agreement at any time by amending them. Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on our site. MTRCL will use reasonable efforts to ensure that any important changes will be notified to you by an appropriate method, such as a notice on the site. However, it is your responsibility to check the terms and conditions regularly to take notice of any changes we make, and you agree to do so. Your continued use of the Application after any changes to the terms and conditions will constitute your acceptance of such change. If you do not agree with any changes or additions we make, please refrain from using the Application.
Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable under any enactment or rule of law, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
Assignment. 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.
Entire Agreement. This is the entire agreement between you and MTRCL relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to this Agreement by MTRCL.
Governing Law & Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). You agree that any action at law or in equity arising out of or relating to this Agreement or MTRCL will be filed only in the courts in and for Hong Kong, and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.
The MTR Corporation Limited ("MTRCL", "we", "our" or "us") respects your legal rights of privacy when collecting, storing, using and transmitting personal data and this PPS explains our privacy practices. It is our policy to pledge to comply with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) of the laws of Hong Kong and all related codes of practice and guidance notes issued by the Privacy Commissioner. In doing so, we will ensure compliance by our staff to the strictest standards of security and confidentiality.
We limit the access, collection and use of data to the specific information listed below that we need to operate our business, provide our services to you and offer various opportunities and information which may be of interest to you.
In the event that there is any inconsistency between the English and Chinese version of this PPS, the English version shall prevail.
Data we access, collect and use
(i) Device information
When you use the Application, we collect certain information about your mobile device. This information may include equipment identifier (e.g. IMEI), device type/manufacturer, Internet Protocol (IP) address, operating system type and version, network type, wireless carrier/operator. We use this information to provide the most effective Application service in different locations, devices, connectivity and situation. We also use this information in the aggregate to improve our products and services.
(ii) Android account name
We collect your account name if you are using Android as the operating system. We use this information to provide the push function of the Application to provide you with the latest news and notice of MTRCL.
The Application has a location service which will enable you to identify the location of the nearest MTR station to your mobile device. If you activate this service, we will access the location of your mobile device. We need to use this information in order to provide the location service to you.
(iv) Social networking sites connection
Certain features of the Application may be able to connect to third party social networking sites (such as Facebook) ("Social Networking Sites"). If you choose to access Social Networking Sites through the Application, we may be able to collect certain information from your social networking profile that is released by the Social Networking Sites. This information may include, but is not limited to, your basic information. MTRCL collects your personal data only for the purpose of providing you with the connection to the Social Networking Sites. Your personal data collected by us from the Social Networking Sites will be destroyed by us when you logout from the Social Networking Sites.
(v) SD card contents
If there is an SD card available, we access the SD card contents to modify or delete the contents stored in the SD card so as to enable the operation of the Application.
We will take all practicable steps to keep your personal data confidential but we may transfer/assign such data to the following parties:
|(a)||if MTRCL decides to sell any relevant part of its business, to any actual or proposed assignee, transferee or successor of or to MTRCL¡zs rights in respect of your personal data;|
|(b)||any agent, contractor or third party service provider who provides administrative, telecommunications, computer and other services to MTRCL with respect to the operation of its business; and|
|(c)||any person to whom MTRCL is under an obligation to make disclosure under the requirements of any law binding on MTRCL or for the purposes of any guidelines or codes of practice issued by regulatory or other authorities with which MTRCL is expected to comply.|
Except as mentioned in paragraph 3 above, your personal data, however stored, will be accessed only by our employees or contractors who are authorised to do so. Where personal data is stored electronically, it will be kept on a secured server and will be password-protected (or under some equivalent form of protection) and accessible only by authorised personnel of MTRCL or its contractors. Employees and contractors designated to handle personal data will be instructed to do so only in accordance with this PPS.
Questions and Complaints
MTR Corporation Limited
MTR Headquarters Building
Kowloon, Hong Kong
Attention: Personal Data Privacy Officer
Secretarial & Legal Department