This agreement ("this Agreement") applies as between you, the user of "MTR Mobile" (the "Application") and MTR Corporation Limited (香港鐵路有限公司) ("MTRCL", "we", "our" or "us"), the owner of this Application. Where you are also a member of the MTR Club, and wish to use the Application to access and manage your MTR Club account, this Agreement should be read together with and subject to the MTR Club Rules (provided that, in the event of any inconsistency between this Agreement and the MTR Club Rules in relation to the MTR Club, this Agreement shall prevail). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your downloading, installing, updating, copying or otherwise using the Application and/or by clicking the "DOWNLOAD" or "INSTALL" button for downloading or installing the Application to your mobile device. If you do not agree to be bound by these terms and conditions, you should not download nor install the Application and/or please terminate this Agreement immediately by removing the Application from your mobile device.
The purposes and functions of the Application include (without limitation):
(a) to enable us to provide you with information in relation to the MTR services to facilitate your journey planning and search of the facilities and/or services provided by MTRCL;
(b) to enable us to display in-app content on the Application and to send in-app notifications and/or push notifications to your mobile device of the latest news, notices, offers and/or advertisements of and from MTRCL (including, MTR malls and station shops, and MTR Club and/or other loyalty programme operated by MTRCL) and our subsidiaries (such as Ngong Ping 360 Limited, Octopus Holdings Limited, TraxComm Limited and MTR Travel Limited) ("MTRCL and Subsidiaries"), as well as discounts, promotions, offers and/or advertisements provided by our merchants and business partners (our "Affiliates"), relating to inter alia goods and services of or relating to the following industries: retail, entertainment, leisure and sports, food and beverage, transportation and tourism, education, environmental, health and wellness, non-profit, telecommunications, media and public relations, information technology, exhibition, recruitment, publication, financial and property ("Marketing Subjects");
(c) to enable us to display in-app advertisements and/or information on the Application relating to products and services of third parties ("Third Party Materials");
(d) to process your registration as an MTR Club member;
(e) where you are an MTR Club member:
(i) to access your MTR Club account (including, but not limited to, your username, Octopus number, etc) and managing your account (including, but not limited to, changing your password, updating your personal information, subscribing/unsubscribing from direct marketing, etc); and
(ii) access the MTR Club, to view accrued MTR Club Bonus Points, and to use the MTR Club Bonus Points to redeem or gain rewards or benefits offered by the MTR Club in accordance with the MTR Club Rules;
(f) to enable us to improve the Application and our products and services;
(g) if location services is activated on your device, to enable us, our Subsidiaries and/or Affiliates to use information relating to the location of your device to maintain, operate and improve the purposes and functions of the Application (including without limitation to provide you with any location-based features on the Application) as well as to improve our and our Subsidiaries and Affiliates' products and services; and
(h) other purposes and functions ancillary or related to the above or as added or inserted from time to time.
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 and for your personal and non-commercial use. This Agreement (including the licence) 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 with or without giving notice to you, maintain, make changes, corrections and/or improvements to the Application, its materials and/or information, stop providing the Application or any features of the Application to you or to users generally, or create usage limits for the Application. The version of the Application software may be upgraded from time to time with or without giving notice to you to add or support for new functions and services. MTRCL shall not be responsible or liable for any loss and damage suffered by you or any third party arising therefrom or in connection therewith.II. Ownership of the Application
While MTRCL grant the licence of the Application to you or other third parties, 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 and information except Third Party Materials which right, title and interest are retained by the third party who owns the relevant Third Party Materials (the "Content") in and to the Application. Any act of "mirroring" the Application or any Content contained therein on your device and/or server without the prior written permission of MTRCL, or modifying or re-using any Contents on the Application is prohibited. MTRCL reserves all rights not expressly granted under this Agreement.
You will not, nor allow third parties to, (i) make and distribute copies of the Application; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
You may use the Application for legal and 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 any Content and/or Third Party Materials of the Application for commercial or illegal purposes (including, but not limited to, for the purposes of infringing a third party's privacy or intellectual property rights, or purposes which may adversely affect MTRCL's reputation); and/or
(b) systematically copy any Content and/or Third Party Materials 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 also contain Third Party Materials relating to goods and/or services of third parties unrelated to MTRCL, our Subsidiaries and/or Affiliates. We have no control over and do not endorse or recommend any products, services and/or content shown and/or contained in any Third Party Materials. You agree that MTRCL, our Subsidiaries and/or Affiliates shall not be responsible or liable in any way in relation to any products, services, content and/or aspects shown and/or contained in any Third Party Materials, including without limitation to their accuracy, adequacy, completeness, timeliness, validity and/or legality, as well as any representations and/or warranties.V. Disclaimers
The Application is provided by us on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permissible by applicable law, MTRCL, our Subsidiaries, and/or Affiliates do not make any warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular use, non-infringement, or defect/fault-free, uninterrupted or secured use of the Application; and disclaim all warranties, whether express or implied, thereof.
Whilst MTRCL endeavours to keep the Content, products and other materials and information included or provided on the Application up to date, neither MTRCL, our Subsidiaries nor Affiliates make any warranties or representations of any kind, express or implied, as to the operation of the Application or the accuracy, adequacy, timeliness, usefulness and completeness of the Application, Content, Third Party Materials, products or other materials or information included or provided on the Application or any difficulty or inability to download or access the Application, Content, Third Party Materials, products or other materials or information. You agree that MTRCL shall not be responsible or liable for any direct or indirect loss and damage suffered by you or any third party arising therefrom or in connection therewith.
MTRCL makes no warranty or representation that the functions contained in the Application will be uninterrupted, secured or free of defects and/or faults, that defects and/or faults will be corrected, or that the Application or the server that makes it available is free of viruses or other harmful components. You agree that MTRCL shall not be responsible or liable for any disruption or non-availability of the Application resulting from any 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.
MTRCL makes no warranty or representation that the Application and its related programmes will be compatible with all equipment (hardware or software) which you may use. You agree that MTRCL shall not be responsible or liable for any direct or indirect loss and damage caused to the relevant device (including but not limited to mobile phones and tablet computers), computer system, software, equipment, information, data or other properties suffered by you or any third party arising out of or in connection with your use, download, installation of or access to the Application, the Application's related programmes and/or Third Party Materials.
All Content, products, other materials and information provided in the Application are intended for general information purposes only. No part of the Application is intended to constitute any advice or suggestion; and the Content, products and other materials and information of the Application should not be relied upon when making any decision or taking any action of any kind. You shall carry out independent checking and judgment when using the Application, the Content, products and other materials and information included or provided therein. In particular:
To the maximum extent permitted by applicable laws, MTRCL, our Subsidiaries or Affiliates shall not be responsible or liable for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of or access to the Application including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise of the Application or any information contained therein. You should be aware that any use of the Application, its Content, Third Parties materials and other materials and/or information are at your own risk.
Nothing in this Agreement shall exclude or limit MTRCL's liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.VII. Indemnity
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 on our Website. MTRCL will use reasonable efforts to ensure that any important changes made to this Agreement will be notified to you by an appropriate method, such as a notice via the Application. 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 from 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.
Language. In the event that there is any inconsistency between the English and Chinese versions of this Agreement, the English version shall prevail.IX. Using the Application
(a) You acknowledge that the terms of agreement with your respective wireless carrier/ mobile network provider will continue to apply when using the Application. As a result, you may be charged by the wireless carrier/ mobile network operator for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
(b) MTRCL will use reasonable efforts to make the Application available at all times. However you acknowledge that part of the Application is primarily provided over the internet and/or mobile networks and so the quality and availability of the Application may be affected by factors outside MTRCL's reasonable control.
(c) In order to use the Application, you are required to have a compatible mobile or handheld device, internet access, and the necessary minimum specifications.
(d) Where you are an MTR Club member:
(i) you acknowledge and agree that the MTR Club Rules shall apply to your use of the Application, including, without limitation the MTR Club's rules in relation to membership and termination thereof, your password and account information, and the award and redemption of your MTR Club Bonus Points (provided that, in the event of any inconsistency between this Agreement and the MTR Club Rules in relation to the MTR Club, this Agreement shall prevail).
(ii) you shall follow the guidance provided by us from time to time (including, without limitation, through the Application and/or the MTR Club Rules) in designating the password for logging in to the Application using your MTR Club account (the "Password").
(iii) upon notice or suspicion of the Password being disclosed to any unauthorised person and/or other unauthorised use of your MTR Club account, you shall notify us as soon as practicable (and we may ask you to confirm in writing on any details given) and, until our actual receipt of such notification and our satisfaction of such unauthorised use or access, you shall remain responsible for any and all use of the MTR Club account by unauthorised persons or for unauthorised purposes
Personal Information Collection Statement
for MTR Mobile("PICS")
We respect your legal rights of privacy when collecting, storing, using and transmitting personal data and this PICS 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.
Where you are also a member of the MTR Club, this PICS should be read together with the Personal Information Collection Statement for the MTR Club ("MTR Club PICS"), provided that, in the event of any inconsistency between this PICS and the MTR Club PICS in relation to the MTR Club, this PICS shall prevail.
In the event that there is any inconsistency between the English and Chinese versions of this PICS, the English version shall prevail.
Data we access, collect and use
The data collected by us/provided by you are set out below, and will be used for the purposes and functions as described above and as set out below.
(i) Device information
When you use the Application, we collect certain information about your mobile device. This information may include, but is not limited to, equipment identifier, device type/manufacturer, Internet Protocol (IP) address, operating system type and version, network type, wireless carrier/ mobile network operator. We use this information to provide the most effective Application service in different locations, devices, connectivity and situation. We also use this information to improve our products and services.
(ii) SD card contents
If there is an SD card available, we will access the SD card contents to modify or delete the contents stored in the SD card related to the Application so as to enable the operation of the Application.
When the location service is activated on your mobile device, we may use GPS, Bluetooth, your IP Address, Beacons and/or other technologies to determine your mobile device's location data, which will be used by the Application to provide location-based services on the Application. Such services include without limitation identifying the nearest MTR Station, Light Rail Stop and/or Airport Express Shuttle Bus Stop to your mobile device, displaying such station or stop on the Application for your convenience, as well as to maintain, operate and improve the purposes and functions of the Applications as well as our and our Subsidiaries and Affiliates' products and services.
We will also collect your location data for analytical purposes, enabling us to gain a better understanding of the demographics of our users.
If you have agreed to provide us your location data through the Application for receiving location specific news, notices, offers and/or advertisements, we will collect your location data for showing specific in-app content on the Application and sending you in-app notifications and/or push notifications to your mobile device of the latest news, notices, offers and/or advertisements of and from MTRCL , our Subsidiaries and Affiliates, as well as discounts, promotions, offers and/or advertisements provided by our Affiliates relating to the Marketing Subjects which are relevant to you based on your current or past physical locations.
When the Application is installed on your device, your location data are collected at all locations, and not only in Hong Kong. You may disable the collection of your location data by the Application in the setting page of the Application anytime, but please note that if this is disabled that we will not be able to provide you with the location-based services described above.
Unless you are an MTR Club member, your location data is collected anonymously in a form that does not personally identify you and thus shall not constitute personal data.
(iv) Search records and usage history
When you use the Application, we will collect your search records and usage history for analytical purposes to improve the Application as well as our products and services.
We will also use these data for showing specific in-app content on the Application and sending in-app notifications and/or push notifications to your mobile device of the latest news, notices, offers and/or advertisements of and from MTRCL, our Subsidiaries and Affiliates, as well as discounts and other benefits offered through joint promotion campaigns with our Affiliates relating to the Marketing Subjects which are relevant to you based on your search records and usage history.
Unless you are an MTR Club member, your search records and usage history are collected anonymously in a form that does not personally identify you and thus shall not constitute personal data.
We will show Third Party Materials (i.e. in-app advertisements relating to products and services of third parties) on the Application, but we will not use any data collected from you in doing so.
(v) MTR Club Members
Where you are a member of the MTR Club, and sign in to the Application using your account, we may use any personal data collected through the Application (as stated under this PICS) and your personal data as collected in accordance with MTR Club Rules and MTR Club PICS to send in-app notifications and/or push notifications that are targeted at MTR Club members to your mobile device, in each case of specific news, notices, offers and/or advertisements of and from MTRCL, our Subsidiaries and Affiliates, as well as discounts, promotions, offers and/or advertisements provided by our Affiliates relating to the Marketing Subjects. We cannot so use your personal data unless we have received your consent or indication of no objection. If you do not or no longer wish for your personal data to be used for the aforementioned purposes, please contact our Personal Data Privacy Officer at PDPO@mtr.com.hk or at the address stated in section 6 below.
Touch ID, Face ID or fingerprint login service is available for compatible Apple iOS devices and Android devices, where you can sign in to your MTR Club account in lieu of the Password by authenticating the fingerprints or facial images as stored on your mobile device, if you choose to enable such service. Please note that MTRCL does not collect your fingerprint data or facial images data, and you accept and agree that it is your responsibility to keep safe custody of your mobile device as any fingerprints or facial images stored on the device concerned will be able to access your MTR Club account.
We will take all practicable steps to keep your personal data confidential. We may need, for any of the circumstances below, to transfer/assign your personal data to the following parties:
|(a)||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;|
|(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 actual or proposed assignee, transferee or successor of or to MTRCL's rights in respect of your personal data as an asset in connection with a merger or sale involving all or part of MTRCL or other change in corporate control.|
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 PICS.
Retention of Data
We will keep your personal data for as long as necessary to fulfil the purpose for which the data was collected. Personal data which is no longer required will be destroyed as soon as practicable.
Questions and Complaints
You have the right to request access to or correction of your personal data held by us. If you want to make such request or have any questions or complaints about our privacy policies, please contact us at:
MTR Corporation Limited
MTR Headquarters Building
Kowloon, Hong Kong
Attention: Personal Data Privacy Officer
(Marked Confidential and "MTR Mobile")