Terms & Conditions and Disclaimer
Updated May 2020
General Conditions
1.
By installing and using the Link¡¦s mobile application (¡§App¡¨), which is owned by Link
Asset Management Limited as manager of Link Real Estate Investment Trust, Link Properties
Limited, Link Monte (HK) Limited and Great Land (HK) Limited (collectively, ¡§we¡¨, ¡§our¡¨, or ¡§us¡¨, or ¡§Link¡¨), Users hereby accept and
agree to be bound by the Privacy Policy Statement ("PPS") and these Terms and
Conditions. The term ¡§User/Users¡¨ refers to any individuals who, by any reason
or purpose, use this App. If Users do not agree to the PPS and these Terms and
Conditions, Users should uninstall this App immediately. Link reserves the
right to change, modify, add, or remove portions of these Terms and Conditions
and the PPS at any time without prior notice to the Users. It is the Users¡¦
responsibility from time-to-time to check the PPS and these Terms and
Conditions periodically for changes or modification. The Users¡¦ continued use
of this App following the posting of changes or modifications will mean that
Users accept any changes or modifications in the PPS and these Terms and
Conditions.
General Terms and Conditions
2.
We, through this App, provide Users with products, services,
materials, marketing and promotional information, advertisements, event
information, promotional campaigns, marketing material, incentive programmes,
coupon offerings, electronic queuing function, mobile payment function and
benefits offered by us and our tenants and occupiers (collectively, ¡§Product and Service Providers¡¨)
(collectively ¡§Services¡¨)
at the properties owned/managed by us (¡§Premises¡¨).
3.
As long as Users
perform and comply with these Terms and Conditions, we agree to grant Users a
personal, non-exclusive, non-transferable, limited and revocable license to use
this App for private and/or non-commercial purposes only. Unauthorized uses of
this App are prohibited, including but not limited to the re-sale, transfer,
modification or distribution of this App, or the text, graphics, music,
barcodes, videos, information, hyperlinks and contents thereof, or any contents
associated with this App.
4.
Save for the logos and promotional materials/coupons independently
prepared by the relevant Product and Service Providers, we own all of the
information, materials, trademarks, logos and service marks contained or
displayed in this App, which may not be used, reproduced, distributed or
published in any medium for any purpose without our prior written permission.
Where any information or software is downloaded from this App, Users agree that
they shall not copy or remove or obscure any copyright or other notices or
legends contained in any such information or software. Where the logos and
promotional materials/coupons are independently prepared by the relevant
Product and Service Providers, we have no control over the information,
materials or services contained and displayed therein, and therefore we repeat
the disclaimers referred to below.
5.
Users acknowledge and agree that they may be charged by their
respective mobile service providers for network access or any such third party charges while using this App (including roaming
charges). Users are fully responsible for any such charges that they may incur.
6.
All transmission contents and Users¡¦ information used by the Users
related to this App are restricted for designated purposes only. Users agree
and accept that they shall comply with these terms and all relevant policies
stipulated by us when using this App and any contents therein. We, at our sole
discretion, reserve the right to terminate the licence granted to any Users
without needing to provide any reasons. In the event that
we believe that there is any breach or possible breach of these Terms and
Conditions or the PPS or any other relevant policies stipulated by us, we are
entitled to take legal actions against the Users who are in breach. If we do
not act or have deferred action in relation to any breach, this does not mean
that we have surrendered/waived our right to do so.
7.
We reserve the right to do any of the following, at any time,
without notice or reasons (i) to remove this App for
an indefinite period of time or cancel this App; (ii) to modify, suspend,
interrupt or terminate operation of or access to this App, or any portion of
this App whether to perform routine or non-routine maintenance, error
correction, or other changes or otherwise; and (iii) to modify or change this
App. Users acknowledge that we shall not be liable to any party for any or all
of the actions referred to in this paragraph, or otherwise.
General Disclaimers
8.
This App and its contents are provided on an "as is"
basis without warranty of any kind, either express or implied, and are subject
to change without prior notice. We do not guarantee or warrant that the Users¡¦
use of this App will be uninterrupted or error-free. We make no warranty
whatsoever regarding non-infringement of third party¡¦s rights, security,
accuracy, completeness, merchantability, fitness for a particular purpose, or
about the accuracy, reliability, completeness or timeliness of the contents,
services, text, graphics and linkage to the App. Additionally, we do not
guarantee that no viruses or other contaminating or destructive properties may
be transmitted through this App, or that no damage will occur in the Users¡¦
mobile smart phone or any other devices.
9.
We have the right to limit the use of the Services and Additional
Services (as defined below), including the period of time in which the Services
and/or Additional Services are made available through this App, the size,
placement and position of such Services and/or Additional Services, email
messages or any other contents which are transmitted through this App. We
reserve the right, at our sole discretion, to edit, modify, share, erase,
delete or remove any of the Services and/or Additional Services posted on this
App without any prior notice or reasons being given to Users and Product and
Service Providers. Users acknowledge that we shall not be liable to any party
for any modification, suspension or discontinuance of the provision of the
Services and/or Additional Services through this App or otherwise.
10.
We are not responsible for the contents available on or the set-up
of any external mobile applications, SDK (defined below), hyperlinks, websites,
resources or external information (¡§External
Sources¡¨) which are linked to or provided to this App. Access
to and use of the External Sources are entirely at the Users' own risk and
subject to any terms and conditions of the External Sources' providers ("External Parties"). The
hyperlinks in this App to these External Sources are provided merely for
convenience purposes. We do not guarantee the quality, standard and quantity of
products, food or services provided by the External Parties, nor shall we be
deemed to control, endorse, recommend, approve, guarantee or introduce any
External Parties, or have any form of cooperation with them.
11.
We reserve the right to terminate any hyperlink or linking
programme at any time without notice or reasons. Unless otherwise expressly
specified or agreed, we are not a party to any contractual arrangements entered
into between the Users and the External Parties.
12.
We (our officers, directors, employees, agents, representatives,
shareholders, predecessors and successors) shall not be responsible or liable
for any loss or damages or indemnifications (including by gross negligence)
whatsoever and howsoever arising or resulting from or caused by (whether
direct, indirect, special, consequential or incidental to) the installation,
ability to use, inability to use or improper running of this App or contents
being unable to be downloaded or lost internet connectivity or interruptions,
delays, defects or omissions that may exist in the service, information,
materials or other contents provided in this App or any external mobile
applications or websites so hyperlinked to this App or their contents.
Communications or transactions may be subject to interruption, transmission
blackout, delayed or failed transmission and incorrect, erroneous, omitted or
loss of data transmission. We will not be liable for malfunctions in
communication facilities not under our control that may affect the matters in
this clause.
13.
Users have the sole responsibility for ensuring adequate
protection and back-up of data, information and/or equipment, and for
undertaking appropriate precautions to scan for computer viruses or other
destructive properties.
14.
We make no representations or warranties as regards to the accuracy,
functionality or performance of any third party
software that may be used in connection with this App.
15.
The ¡§Promotions¡¨ section in this App aims at providing a platform
for Product and Service Providers to give first-hand information to visitors to
the Premises about offers available to them.
16.
Where information in the ¡§Promotions¡¨ section in this App is
supplied by the relevant Product and Service Providers, we are not responsible
for any loss or damage whatsoever arising from the use of or the inability to
use the information and/or the products and/or services offered by the Product
and Service Providers under the ¡§Promotions¡¨ section.
17.
Whilst we have taken all reasonable steps to clarify the products
and/or services offered by the Product and Service Providers contained in the
¡§Promotions¡¨ section, we accept no liability whatsoever in relation to the
same, including (without limitation) the descriptions set out above or any
views, opinion or advice offered or given. For all the products and/or services
offered by the Product and Service Providers under the ¡§Promotions¡¨ section,
the Product and Service Providers¡¦ terms and conditions will apply and we will
not be liable for any loss arising from failure in any form by the Product and
Service Providers to provide services and/or products as specified.
Parking Spaces
18.
For the purpose of this section, the term "we" also
includes our affiliates.
19.
This App provides Users with information relating to the number of
available car parking spaces at the Premises ("Car Park Space Availability Information").
The Car Park Space Availability Information provided in this App is intended
for Users' general reference only and is not intended for any other purposes.
Users are hereby notified that the Car Park Space Availability Information is
updated by this App at intervals, and does not display
"real time" information. Additionally, Users should note that Car
Park Space Availability Information may only be available or provided in this
App for certain car parks owned, operated, or managed by us, which may change
from time to time.
20.
We do not warrant, represent or guarantee the accuracy,
reliability, timeliness of any of the Car Park Space Availability Information,
nor do we assume any liability (whether in tort or contract or otherwise) for
any loss or damage arising from any inaccuracies or omissions or for any
reliance on the Car Park Space Availability Information by any Users.
Location Tracking
21.
When Users use this App, we may collect and process information
about Users' actual location. Location based devices ("Location Devices") are
installed in the Premises to determine the location of the Users within the
Premises for the purposes of this App. If Users enable the Bluetooth function
on their mobile smart phone/device, information in relation to the location of
the Users may be tracked by our Location Devices within the Premises, which are
controlled by us.
22.
This App may also identify Users¡¦ location for the purpose of
providing location based information (such as
directory information, car park searches and geo-fencing functions). Such
automatic location service is provided by Google and the App also utilizes
Google Maps functions (Link does not guarantee the accuracy and/or correctness
of such information). If Users turn on/enable the location access button in the
settings page, the automatic location service will be made available, in which
case Users¡¦ location will be automatically updated from time-to-time and will
run in the background irrespective of whether this App is turned on/off on the
User¡¦s mobile smart phone. Users can however turn off/disable the automatic
location service by disabling the location access button in the settings page,
in which case, Users' location data will not be recorded, and Users will not be
able to use any location-based features in this App.
23.
Where Users access Google Maps through this App, Users' location
may be tracked by Google. We have no control over the information in relation
to the location of the Users tracked by Google Maps and we will not be
responsible for any loss or damages arising out of the use of Google Maps via
this App. We strongly recommend that Users should review and consider the terms
and conditions and the privacy policy of Google Maps before accessing Google
Maps through this App.
E-queuing Function
24.
At our sole discretion and subject to these Terms and Conditions
and PPS (as the case may be and if applicable) we may from time to time,
provide Users with a platform upon which Users may utilize an electronic
queuing function with selected Product and Service Providers whereby the
relevant Product and Service Providers will issue and designate to the User an
¡§e-ticket¡¨ with the next available queuing number (¡§E-Ticket¡¨) of the User¡¦s choice
of restaurant with the User¡¦s chosen Product and Service Providers (¡§E-Queuing Function¡¨).
25.
This App only acts as a platform of exchange of information in
respect of E-Queuing Function. The use or the inability to use the E-Ticket
will be subject to the final decision of the relevant Product and Service
Providers hence we have no control over the accuracy, designation of or
information provided in the E-Ticket through the E-Queuing Function and hence
we have no right to make any change whatsoever to the E-Ticket. Seeing as
the use or inability to use the E-Ticket will be subject to the final decision
of the relevant Product and Service Providers we do not warrant, represent or
guarantee the accuracy, reliability, timeliness of the E-Queuing Function, nor
do we assume any liability (whether in tort or in contract or otherwise) for
any loss or damage arising from any system error, inaccuracies or omissions or
for any reliance on E-Queuing Function. As such, we shall not be liable
for any loss or damage howsoever arising from the failure, use or inability to
use the E-Queuing Function or the service offered thereupon.
26.
The following additional terms and conditions shall apply to the
E-Queuing Function:-
a.
We reserve the right to change, edit, modify, erase, delete,
remove, terminate and discontinuance of the E-Queuing Function without any
prior notice or reasons being given to the Users and Users acknowledges that we
shall not be liable to any party for the same.
b.
We reserve the right to change, edit, modify, erase, delete,
remove, terminate and discontinuance of any of the Product and Service
Providers participating in the E-Queuing Function without any prior notice or
reasons being given to the Users and Users acknowledges that we shall not be
liable to any party for the same.
c.
E-Queuing Function can only be used at the relevant time and
manner as provided for in the App and the E-Ticket of which cannot be reloaded,
resold, exchange, transferred, assigned or redeemed.
d.
Subject to the provisions above, in the case of any dispute in
respect of the use or applicability or otherwise in respect of the E-Queuing
Function under this App between the User and us, our decision is final and
binding.
Registration & Account Safety
27.
Users may register an account through the registration process
("Registration")
to become registered users ("Registered
Users") of the App.
28.
When registering as a Registered User, Users agree that:
a.
they will not provide information/data registered in the App to
anyone.
b.
they will not create an account for anyone other than themselves.
c.
they will select user names which reflect
the actual identity/name of the Users for the Users' account and which do not
resemble any trademark or are offensive in nature or the like. We reserve the
absolute right to remove or reclaim the same if we believe it is appropriate to
do so (such as when the user name does not closely relate to the User's
identity/actual name, when other trademark owners complain, or where the user
name is offensive in nature or the like).
d.
they will only create one account and keep Users' contact
information accurate and up-to-date.
e.
they will not share their passwords or let anyone access their
accounts or do anything that may jeopardize the security of their accounts.
f.
they will not transfer their accounts to anyone without first
obtaining our prior written permission.
g.
they are responsible for safeguarding their passwords that they
use to access the Services and for any activities or actions taken under their
accounts.
h.
we will not be liable for any loss or damage or damages or
indemnification from Users' failure to comply with all or any of the above, in particular, Users' failure to safeguard their passwords
resulting in third parties having access to their ac
29.
Upon Registration, Registered Users can operate the registered
part of the App ("Registered
Part"), meaning that they may from time-to-time receive
additional information in respect of products, services, materials, marketing
and promotional information, advertisements, event information, promotional
campaigns, marketing material, incentive programmes, coupon offerings and
benefits offered by us and the Product and Service Providers ("Additional Services").
Use of E-Coupons in the App
30.
The Additional Services available to Registered Users include, but
are not limited to, the ability to use e-coupons displayed after the Registered
Users have logged-in to the Registered Part of the App ("E-Coupons"). The use of
such E-Coupons shall at all times be subject to these Terms and Conditions, the
PPS and the personal information collection statement (for Registered Users
upon Registration), which are all subject to change from time-to-time as we
consider appropriate.
31.
Please note that E-Coupons may be independently prepared by the
relevant Product and Service Providers ("Providers E-Coupons") or prepared by us and/or
in conjunction with Product and Service Providers ("Our E-Coupons").
Our E-Coupons
32.
Without prejudice to these Terms and Conditions, the PPS, the
personal information collection statement (for Registered Users upon
Registration) and any specific terms and conditions set out in Our E-Coupons
themselves, the following additional terms and conditions shall apply to the
use of Our E-Coupons offered through the Registered Part of the App:
a.
We own the copyright in Our E-Coupons which may not be used,
reproduced, distributed or published in any other medium for any purpose
without our prior written permission.
b.
Our E-Coupons may from time-to-time be made available in this App
with our sole discretion to designate.
c.
Our E-Coupons must be used within and will expire after their
validation period.
d.
Our E-Coupons cannot be reloaded, resold, exchanged, transferred,
assigned, redeemed or converted into cash or applied to any account, except to
the extent required by law.
e.
We disclaim all and any responsibilities, obligations and/or
liabilities arising from any loss suffered by any User as a result of Our
E-Coupons being lost or stolen.
f.
Unless otherwise stated, each of Our E-Coupons cannot be used in
conjunction with any other of Our E-Coupons or other promotions.
g.
We reserve the right to amend the offer/terms and conditions of
Our E-Coupons without prior notice or reasons.
h.
In case of any dispute in respect of the Our E-Coupons, our
decision is final and binding.
Providers E-Coupons
33.
Although we have taken all reasonable steps to clarify the
products and/or services offered by the Product and Service Providers in the
Providers E-Coupons, we are not responsible for any loss or damage whatsoever
arising from the use of or the inability to use the information and/or products
and/or services offered by the Providers E-Coupons. We accept no liability
whatsoever in respect of the Providers E-Coupons, nor do we give any views,
opinions or advice in respect of any such products and/or services. For all the
products and/or services offered by the Product and Service Providers in the
Registered Part of the App, the Product and Service Providers¡¦ terms and
conditions will apply and we will not be liable for any loss arising from the
failure in any form by the Product and Service Providers to provide services
and/or products in accordance with the Providers E-Coupons. In this regard,
Registered Users should refer to the specific terms and conditions of the
Product and Service Providers and/or the terms and conditions of the Providers E-Coupons, as the case may be.
License to use the Registered Part of the App
34.
As long as the
Registered Users perform and comply with these Terms and Conditions, we agree
to grant Registered Users a personal, non-exclusive, non-transferrable, limited
and revocable license to use the Registered Part of this App for private and/or
non-commercial purposes only. Other unauthorized uses of the Registered Part of
this App are prohibited, including but not limited to the re-sale, transfer,
modification or distribution of the Registered Part of this App or, the text,
graphics, music, barcodes, videos, information, hyperlinks and contents
thereof, or any contents associated with the Registered Part of this App.
35.
All transmission contents and Registered Users¡¦ information used
by the Registered Users of the Registered Part to this App and related to the
Registered Part to this App are restricted for designated purposes only.
Registered Users agree and accept that they shall comply with these terms and
all relevant policies stipulated by us when using the Registered Part to this
App and any contents therein. We, at our sole discretion, reserve the right to
terminate the licence granted to any Registered User without needing to provide
any reasons. In the event that we believe that there
is any breach or possible breach of these Terms and Conditions or the PPS or
any other relevant policies stipulated by us, we are entitled to take legal
action against the Users who are in breach. If we do not act or have deferred
action in relation to any breach, this does not mean that we have
surrendered/waived our right to do so.
36.
We reserve the right to do any of the following, at any time,
without notice or reasons: (i) to remove the
Registered Part to this App for an indefinite period of time or cancel the
Registered Part to this App; (ii) to modify, suspend, interrupt or terminate
operation of or access to the Registered Part to this App, or any portion of
the Registered Part to this App whether to perform routine or non-routine
maintenance, error correction, or other changes or otherwise; and (iii) to
modify or change the Registered Part to this Registered Users acknowledge that
we shall not be liable to any party for any of the actions referred to in this
paragraph, or otherwise.
Car Park Mobile Payment Function
37.
At our sole discretion and subject to these Terms and Conditions
and PPS (as the case maybe and if applicable), we may from time to time,
provide Users with a function whereby Users may utilize third party payment
processors (including but not limited to debit / credit card companies, banks,
Stored Value Facilities and payment gateways) as a means of making mobile
payment of car parking fees through this App (¡§Car Park Mobile Payment Function¡¨). All
payment transaction are made in Hong Kong
Dollars.
38.
Depending on the third party payment processors you choose to make
the mobile payment, the content of your chosen third party payment processors
may or may not be embedded into this App in the form of ¡§software development
kit¡¨ (otherwise known as ¡§Processors¡¦SDKs¡¨) to which Link has no
control whatsoever. Link makes no representations or warranties as request to
the accuracy, functionality or performances of these third
party payment processors and / or the Processors¡¦ SDK.
39.
You should review the third party payment processors terms and
conditions of use and privacy / security policies and applicable laws in their
applications or on their websites as the case may be as well as conduct your
own investigation on the Processors¡¦ SDK to ensure that you agree to the same
together with any risks arising therefrom. In this regard, you may consider
visiting the links below for full details for each third payment processors¡¦ terms
and conditions of use and privacy / security policies (if any):
a.
Alipay:
https://www.alipay.hk/
b.
Apple Pay:
https://www.apple.com/hk/en/apple-pay/
c.
Google Pay:
https://pay.google.com/intl/en_hk/about/
d.
Jetco Pay:
https://www.jetcopay.com.hk/en/index
e.
Mastercard:
https://www.mastercard.com.hk/en-hk.html
f.
O!ePay:
http://www.octopus.com.hk/en/consumer/mobile-payment/oepay/services/index.html
g.
PayMe:
https://payme.hsbc.com.hk/personal
h.
PPS:
http://www.ppshk.com/index_e.html
i.
Visa:
https://www.visa.com.hk/en_HK
j.
WeChat Pay:
https://pay.wechat.com/en_hk/index.shtml
40.
Link shall not be liable for any loss and damage howsoever arising
in respect of your use or inability to use of the Car Park Mobile Payment
Function. In particular, Link shall not be liable for any loss or damage
howsoever arising from any error, inaccuracies, or omissions or reliance
throughout your mobile payment through the third party payment processors and
you agree and accept that you confirm that you conducted your own investigation
in respect of the third party payment processors and / or the Processors¡¦ SDK and
you agree and accept that you are solely and exclusively responsible for any
losses incurred or sustained by you in making the mobile payment through the
third party payment processors and /or the use of the Processors¡¦ SDK, and in
no event shall any such losses in whole or in part be borne by Link. or the
service offered thereupon
E-Stamp Function
41.
At our sole discretion and subject to these Terms and Conditions
and PPS (as the case may be and if applicable) we may from time to time,
provide Users with a platform upon which Users may collect digital stamps with
spending at Link¡¦s Premises with selected campaigns (¡§E-Stamp¡¨) according to preset rules and terms and conditions which may vary from
campaign to campaign the details of which will be provided in the App from time
to time.
42.
Users must have their mobile smartphone / device in good operative
function and the App must be installed in the same mobile smartphone / device
in order to use the E-Stamp Function. The App must also be installed, updated and
kept installed on the same mobile
smartphone / device during the entire the Users¡¦ use of the E-Stamp
Function. Any uninstallation, deletion, resetting or the like of
the App and / or the E-Stamp Function and / or change, damage or loss of the
User¡¦s mobile smartphone / device may cause change / loss / damage /
inaccuracies or the like of (i) the collected E-Stamp
(in all or in part) and / or (ii) corresponding information in the redemption
history in the App. Link will not be liable for any change/ loss / damage
/ inaccuracies of E-Stamp due to the aforesaid reasons.
43.
Users¡¦ mobile smartphone / device must have data / internet
connection during the entire E-Stamp collection and / or redemption process.
Any data / internet disconnection will affect the said process and cause the
said process to fail.
44.
The camera of the Users¡¦ mobile smartphone/device must be in good
operative function to perform QR code scanning to use and complete the E-Stamp
Function.
45.
Subject to any provisions in respect of the respective campaign
and unless stated otherwise, E-Stamps cannot be earned in conjunction with any
on-going promotions, discounts, offers or privileges.
46.
To collect / earn E-Stamps, simply present your purchases¡¦
receipts to the staff at the Customer Service and redemption counter at the
participating Link¡¦s premises upon verification of which the staff will present
you with a QR code. You must scan the QR code using the app QR code scanner
after which the E-Stamps should be registered in the App.
47.
All earned and deducted E-Stamps during the transaction process
will be updated and reflected in the User¡¦s App immediately upon completion of
the said process. The balance of E-Stamps in the App will be updated within
around 3 minutes and all transaction will be recorded and reflected in
¡§History¡¨ of the redemption. Users are required to check the transaction and
balance before leaving Customer Service/redemption counter to avoid any
dispute, Link will not entertain any dispute or appeal after Users have left
the Customer Service / redemption counter.
48.
Upon E-Stamps being collected, Users may redeem the prize(s) with
accumulative E-Stamps according to the pre-set rules / terms and conditions for
each respective campaign. Once the User has used the E-Stamp to redeem
prize(s), the corresponding E-Stamp will be deducted /or ¡§cleared¡¨ from App immediately.
49.
Only genuine and authentic E-Stamps will be accepted as valid for
redemption. The E-Stamp may not be resold for use on another mobile smartphone
or device and shall automatically lapse and be deemed void upon such resale.
Link reserves the right and full discretion, without any liability or reasons
to you, to reject or delete any E-Stamps that is in any way tampered with, or
that Link¡¦s suspects is fraudulent or not genuine.
50.
E-Stamps on each device are counted individually and cannot be
combined with other mobile smartphone / device(s).
51.
We have use a contractor, Red Soldier
Limited (collectively ¡§Contractor¡¨)
to provide the E-Stamp Function in which a ¡§software development kit¡¨
(otherwise known as Contractor¡¦sSDKs¡¨) is embedded into this
App. You agree that there may be risks associated with the involvement of
the Contractor and / or using the Contractor¡¦s SDKs which may or may not lead
to loss and damage (including but not limited to those loss and damage arising
from error, inaccuracies or omission or reliance on the Contractor or
Contractor¡¦s SDK or otherwise) to your mobile device in whole or in part, you
agree to accept all these risks and that you agree you will be solely and
exclusively responsible for the said loss and damage and in no circumstances
shall Link be responsible for the said loss and damage in whole or in part. For
avoidance of doubt, the provisions in relation to ¡§External Sources¡¨ and
¡§External Parties¡¨ under the heading of ¡§General Disclaimer¡¨ in this Terms and
Conditions apply to the E-Stamp Function.
52.
We also reserve the right to fix any processing errors that we
discover at our sole discretion. In the unlikely event that the E-Stamp
Function does not operate / function properly, we reserve the right to offer
other substitute stamp collection mechanism at our full discretion, the
decision of which shall by final and binding on the Users.
53.
For the avoidance of doubt, in the unlikely event that there is
any inconsistency between the paragraphs of these Terms and Conditions in
respect of the use of the E-Stamp Function and the preset
rules or terms and conditions of the respective campaign, the terms and
conditions of the respective campaign shall prevail.
Personal Information and Data
54.
We respect the Personal Data (Privacy) Ordinance and strive to
implement and abide by the data protection principles, as well as any related
stipulations in the Personal Data (Privacy) Ordinance (¡§PDPO¡¨). Please read our PPS for
more information.
System Requirements
55.
Users must possess a mobile smart phone, mobile device or mobile
network that is compatible, up to the configuration standards with Internet
connectivity in order to use this App, which is compatible with mobile devices
operated by Apple¡¦s0+ or Android 5.0+ or other systems which we, from
time-to-time, may designate. These software requirements might be upgraded or
changed time-to-time to stay compatible with functionality changes.
Termination
56.
We reserve the right to terminate the use of this App at any time
without prior notice or reasons to the Users.
Governing Law
57.
These Terms and Conditions shall be governed and construed in
accordance with the laws of the Hong Kong Special Administrative Region. Users
agree to submit to the exclusive jurisdiction of the Courts in the Hong Kong
Special Administrative Region with respect to any legal proceedings that may
arise in connection with the App, or from a dispute as to the interpretation or
breach of these Terms and Conditions and/or PPS.
Severability
58.
If any term in these Terms and Conditions or the PPS shall be held
to be illegal, invalid or unenforceable in whole or in part, under any
ordinance or rule of law, such term or part shall to that extent be deemed not
to form part of these Terms and Conditions/PPS, and the legality, validity or
enforceability of the remainder of these Terms and Conditions or PPS shall not
be affected.
Language Versions
59.
In case of discrepancies between the English and Chinese versions
of these Terms and Conditions, the English version shall apply and prevail.
Contracts (Rights of Third Parties) Ordinance
60.
A person who is not a party to this Agreement has no right under
the Contracts (Rights of Third Parties) Ordinance (Cap. 623) (¡§Third Parties
Ordinance¡¨) to enforce or to enjoy the benefit of any term of this Agreement.
For the avoidance of doubt, this provision shall not affect any right or remedy
of a third party which exists, or is available apart
from the Third Parties Ordinance.
Privacy Policy Statement (¡§PPS¡¨)
1.
Subject to the Terms and Conditions, this PPS is made by Link
Asset Management Limited as manager of Link Real Estate Investment Trust, Link
Properties Limited, Link Monte (HK) Limited and Great Land (HK) Limited
(collectively, ¡§we¡¨,
¡§our¡¨ or ¡§us¡¨ or ¡§Link¡¨), in accordance with the
Personal Data (Privacy) Ordinance (Cap. 486) (¡§PDPO¡¨).
2.
This PPS has been developed in accordance with the PDPO, and it is
our policy to fully observe and comply with the requirements of the PDPO. In
doing so, we ensure compliance by our staff with the strict standards of
security and confidentiality.
3.
Users (as defined in the Terms and Conditions) are strongly
recommended to read this PPS carefully to have an understanding of our policy
and practices with regard to the treatment of personal information and data
provided by Users on this mobile application known as the Link App ("App"). The provisions of
this PPS may be updated, revised, varied and/or amended from time-to-time as we
deem necessary. It is the Users¡¦ obligation to regularly check for any changes
in this PPS.
4.
If Users have questions or concerns regarding this PPS, they
should contact us by post at:
Corporate Data Privacy Officer
Link Asset Management Limited
20/F, Tower 1,
The Quayside,
77 Hoi Bun Road,
Kwun Tong
Kowloon
Hong Kong
Or by email : [email protected]
Introduction
5.
This App provides a platform for information in relation to
Product and Service Providers (as defined in the Terms and Conditions) of our
Premises (as defined in the Terms and Conditions) to be accessed by Users. We
observe and comply with the PDPO and will use our best endeavours to ensure
security and confidentiality of all personal information/data provided by Users
through this App. We will not release any such personal information/data to
anyone without prior consent from the Users (registered or not) save for
circumstances listed below. The aim of this PPS is to let the Users know:-
a.
the purposes/reasons why Users' personal information/data is
collected;
b.
how the collected personal information/data will be used;
c.
to whom the collected personal information/data will be
transferred; and
d.
to whom the collected personal information/data access requests
should be addressed.
6.
This PPS applies to registered and non-registered Users of the
App, although registered Users will be provided with a personal information
collection statement upon their registration through this App, which will provide
additional policy and practices in relation to the Users¡¦ personal
information/data submitted during the registration process.
7.
We also strive only to collect personal information/data which is
necessary for the purposes referred to below. In the event
that we require personal information/data for purposes other than the
purposes below, we will require Users to provide additional consent to the
same.
Collection of Personal Data
8.
Although we are not collecting any personal information/data at
this stage, we may from time-to-time collect personal information/data from
Users for the following general purposes:-
a.
providing Users with the Services (as defined in the Terms and
Conditions);
b.
gauging the popularity of this App, collecting estimated numbers
of Users, measuring traffic patterns of this App, compiling aggregate
statistics of Users¡¦ use of this App for analytical purposes so as to allow us
to plan offers and target marketing efforts to cater for Users¡¦ spending
patterns and/or direct marketing (see "Use of Personal Information/Data in
Direct Marketing" section below);
c.
compiling general statistics reports to diagnose problems with or
concerning the computer system so as to improve Users¡¦
experience of this App;
d.
identifying Users who have viewed the Services within this App to
identify how Users browse and use this App/Services and to trace their
movements;
e.
offering Product and Service Providers a platform to provide
first-hand information;
f.
compiling statistics reports to facilitate our management of the
Premises so as to enable us to enhance the trade-mix
of our Premises;
g.
facilitating daily administration and operation of our business
and improving our services and products for Users, customers and tenants;
h.
better handling enquiries and feedbacks;
i.
providing updates to Users with news and events at the Premises
and the latest developments;
j.
if and when necessary
(including but not limited to upon completion of the registration process) for
processing the input of personal information/data and matching;
k.
recording compliance with the requirements of events;
l.
maintaining communication with Users, customers and tenants and
updating their profiles; and
m.
calculating the number of entries of promotional events and
activities.
(collectively, ¡§Purposes¡¨)
9.
Users are not obliged to provide us with their personal
information/data. However, if Users do not provide us their personal
information/data, we may not be able to provide certain Services in this App.
Users may opt out of all notification by disabling the notification button on
the settings page.
10.
If Users are under the age of 18, Users must obtain their parents'
or guardians' consent before providing any personal information/data to us.
11.
Depending upon the type of mobile smart phones/devices that the
Users are using, Users will be granting us, at the time of downloading this
App, the use of various functions within the Users¡¦ mobile smart phones/devices
which may be varied from time-to-time when the functions of this App are being
updated and improved.
12.
This App will access, collect, monitor and/or store information on
Users' mobile smart phones/devices and/or remotely store one or more ¡§device
identifiers¡¨ (being small data files or similar data feature stored on or
associated with Users' mobile smart phones/devices) which usually consist of a
set of numbers which uniquely identify Users' mobile smart phones/devices (¡§Device ID¡¨). We and our Product
and Service Providers may collect anonymous personal information/data (i.e.
without being able to decipher the individual person/business of the Users),
which may or may not be aggregated (¡§Anonymous
Data¡¨) for the Purposes. For the avoidance of doubt, the
Anonymous Data will not be limited to any personal identifiable information.
Please note that this Device ID/Anonymous Data may be used to match other
registration/login details, namely the Matched Items (defined below) during the
registration process (please see below).
13.
Although this App will require access to open network sockets, and
both internet network and Wi-Fi network of the Users¡¦ mobile smart
phones/devices, this App will not collect Users' network internet or Wi-Fi
details.
14.
To prevent this App from 'sleeping', this App will require 'wake'
lock function to keep the mobile smart phone/device processor from 'sleeping'
or the screen from dimming. This App will not collect Users¡¦ information/data
in respect of such continued usage.
15.
To allow Users to initiate phone calls to Product and Service
Providers (when Users select certain links on this App) without going through
the Users¡¦ phone/device interface, this App will require access to the call
functions of the mobile smart phone/device and will require Users¡¦
authorization/permission on the phone/device¡¦s call function. This App will not
have access to the address book of the Users¡¦ mobile smart phone/device, nor
will it have access to the Users¡¦ phone book or incoming/outgoing call logs.
16.
To allow Users to utilise coupons within the App after the User¡¦s
registration, the App will require Users' permission to use the User¡¦s mobile
smart phones/devices¡¦ camera in order to scan QR Codes. This App however will
not access any photos, videos or recordings on the mobile smart phone/device, nor
will it have remote control of the camera.
Location Tracking
17.
When Users use this App, we may collect and process information
about Users' actual locations. Location based devices ("Location Devices"),are installed in the Premises to determine the
location of the Users within the Premises for the purposes of this App. If
Users enable the Bluetooth function on their mobile smart phone/device,
information in relation to the location of the Users may be tracked by our
Location Devices, within the Premises, which is controlled by us ("Bluetooth Location Function").
Only the Users' Device IDs will be collected and we
will not be collecting any personal identifiable information from the Users.
Users may disable the Bluetooth function on their mobile smart phone/device if
they do not wish to enable the Bluetooth Location Function.
18.
Where Users access Google Maps through the App, Users' location
may be tracked by Google. We have no control over the information in relation
to the location of the Users tracked by Google Maps and we will not be
responsible for any loss or damages arising out of the use of Google Maps via
the App. We strongly recommend that Users should review and consider the terms
and conditions and the privacy policy of Google Maps before accessing Google
Maps through the App.
Coupons
19.
In the event that Users would like to make use of coupons in this
App, Users will be further required to provide additional information which may
contain personal data of the Users at the time of registration, which we may
match against the Device ID (¡§Matched
Items¡¨).
Use of Personal Information/Data in Direct Marketing
20.
In addition to the Purposes referred to above, we may use Users'
personal information/data (if any is collected) in direct marketing, but we
will not do so unless we have received Users' consent (which includes an
indication of no objection to the intended use). In this connection, we intend
to use Device ID (if later matched with the Matched Items) and Users' App
habit(s) from time to time for marketing the following services and products
and promotional events through various communication means generated:-
a.
events in relation to the corporate social responsibility
programme of Link REIT such as (without limitation) Link Sports Academy and
Link Together Initiatives and similar sustainability / community engagement /
charity initiatives at the Premises, or otherwise;
b.
food, wine, beverage related product and service entertainment,
leisure, sports or similar events offered by us or our Product and Service
Providers, community engagement partners, charity and non-profit making
initiatives at the Premises, or otherwise;
c.
our asset enhancement initiatives and other initiatives for
shopping environment improvements;
d.
special events hosted by us or subsidiaries / affiliates /
contractors / Product and Service Providers or the like for Users, including
but not limited to courses, workshops and competitions;
e.
special offers including coupons, discount offers and promotional
campaigns; and
f.
other services, products and events relating to our business and
activities at our Premises, or otherwise.
21.
If Users object to our use of Users' personal information/data for
direct marketing purpose, Users have the option to ¡§opt-out¡¨ of receiving
direct marketing materials by contacting us in writing at Link Asset Management
Limited, 20/F, Tower 1, The Quayside, 77 Hoi Bun Road, Kwun Tong, Kowloon, Hong
Kong (Attention: Corporate Data Privacy Officer) or by emailing to:
[email protected]
Google Analytics for Firebase
22.
This App utilizes ¡§Google Analytics for Firebase¡¨ (¡§Firebase¡¨), an analysis service
provided by Google for tracking and examining usage of this App in order to
prepare analytical reports and studies. Google may use the information/data
collected for direct marketing material for Google¡¦s own advertising in other
apps, websites, media platforms. Please refer to Firebase¡¦s terms and
conditions at https://firebase.google.com/terms/analyticswhich may
vary from time-to-time.
Links to other websites/media platforms
23.
This App contains links to other websites/media platforms.
24.
Users acknowledge that we do not control these other
websites/media platforms and in the event Users click upon the advertisements,
coupons or hyperlinks of these other websites/media platforms, we will not be
responsible for the privacy practices adopted in these other websites/media
platforms. Users will be accessing these other websites/media platforms at
their own risk. We strongly recommend that Users should review and consider the
privacy policies of these websites/media platforms before accessing them.
Disclosure and Transfer of Information/Data
25.
Personal information/data held by us will be kept confidential. By
downloading and using this App, Users agree, consent and authorize us to
disclose and/or transfer their personal information/data to our staff,
irrespective of whether they are located within or outside Hong Kong, for the
Purposes as set out above. Additionally, Users agree, consent and authorize us
to disclose and/or transfer their personal information/data to the following
parties for the Purposes as set out above (irrespective of whether they are
located within or outside Hong Kong):-
a.
our professional advisors, services providers or contractors
providing management services, letting and licensing services at the Premises;
b.
entities comprising any of our special purpose vehicles
subsidiaries and/or associated companies;
c.
any agent, contractor or third party
service provider providing administrative, telecommunication, computer,
payment, content, information or other marketing and promotional services to us
in connection with the operation of our business at the Premises;
d.
any person under a duty of confidentiality to us or who has
undertaken to keep Users' personal information/data confidential and use them
in strict compliance with the requirements of the PDPO; and
e.
where we consider it necessary to do so in order to protect and
defend our rights and property, comply with applicable laws, regulations,
including but not limited to judicial proceedings, court orders, or legal
services.
Personal Information/Data Security
26.
We will use our best endeavours to ensure that Users¡¦ personal
information/data is protected against unauthorized or accidental access,
process, erasure, or other uses. We have implemented appropriate physical,
electronic and managerial measures to safeguard and secure Users' personal
information/data. However, we give no warranty against third parties hacking
into the data.
27.
Users¡¦ personal information/data will be kept in our office or by
any service provider engaged by us.
Retention of Information/Data
28.
We will take all practical steps to ensure that Users' personal
information/data will be destroyed in accordance with our internal retention
period and will not be kept longer than necessary.
Access
29.
Under the PDPO, Users have the right to request access to and
correction of their personal information/data. In accordance with the PDPO, we
have the right to charge a reasonable/non-excessive fee for the processing of
any information/data access request. If Users wish to access or make amendments
to their personal information/data held by us, please send such request by post
to:
Corporate Data Privacy Officer
Link Asset Management Limited
20/F, Tower 1,
The Quayside,
77 Hoi Bun Road,
Kwun Tong
Kowloon
Hong Kong
Or by email : [email protected]
Language Version
30.
In case of discrepancies between the English and Chinese versions
of this statement, the English version shall apply and prevail.