PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY APPLY TO YOUR USE OF SAVANNAH APPLICATION. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT DOWNLOAD AND USE SAVANNAH APPLICATION.
1. DEFINITIONS
The following words have the following meanings in these Terms and Conditions:
"Affiliates" means, to any Person or entity, any other entity that, directly or indirectly, Controls, is Controlled by or is under common Control with such Person or entity. For the purposes of this definition, the term "Control" (including the terms "Controlling", "Controlled by" and "under common Control with") of a Person or entity means the possession, directly or indirectly, of the power: (i) to vote more than fifty percent (50%) of the voting interests of such Person or entity; or (ii) to direct or cause the direction of the management and policies of such Person or entity, whether through the ownership of voting interests, by contract or otherwise;
"Applicable Laws" means all or any statute, ordinance, rule, regulation, including the rules of any recognized Stock Exchange, order, decree, directive, requirement, code, notice or rule of common law, now or in the future in effect, and in each case as amended or re-enacted from time to time, and legislation supplemental to it, and any judicial or administrative interpretation of it by a Governmental Authority or otherwise, including any judicial or administrative order, determination, consent, decree or judgment of and in Hong Kong;
"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials displayed on or available through the Savannah App;
"Products and Services" means any products and services which may from time to time be available to be ordered, booked, requested, purchased or given away via the Savannah App;
"Terms and Conditions" means these terms and conditions as amended from time to time and posted on Savannah App;
"user" means any person who access the Savannah App;
"we, our, us" means Wheelock Properties (Hong Kong) Limited;
"Savannah App" means the Savannah App operated by Properties (Hong Kong) Limited;
"you, your" means users of Savannah App.
2. SERVICES
You may be provided with certain services by us through the Savannah APP, including but not limited to the handover service, defects follow up service, property management service and notification service and facilities booking service.
You agree that we are under no obligation to provide any of the services to you in or via the Savannah APP, and we may revise, suspend, terminate, extend or reduce the scope of services to be provided to you in or via the Savannah APP. We will not be liable or responsible in any way for any such revision, suspension, termination, extension or reduction. We are also not liable to you for the failure to provide any services in or via the Savannah APP.
3. DATA PRIVACY
For information about our privacy policies and practices, please refer to our below Privacy Policy Statement. Where personal data is collected in connection with the Savannah APP, you will be provided with the relevant Personal Information Collection Statement in which the collection and use of your personal data will be further explained to you.
1. Pledge
Wheelock Properties (Hong Kong) Limited. (“WPHKL”) recognizes and understands that customers and website visitors are concerned about the privacy of information. WPHKL pledges to comply with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) of the Laws of Hong Kong Special Administrative Region. This Privacy Policy Statement outlines WPHKL's practices and the choices you have concerning the collection and use of your personal data.
2. Collection of Information
You may be invited to provide to WPHKL your personal data on WPHKL's website(s) or through other media on a voluntary basis for different purposes at different times. If you are under the age of 18, you should obtain consent from your parent or guardian before you provide WPHKL with your personal data.
3. Log Files
When you visit WPHKL's website(s) or APP, the servers of WPHKL will only collect data relating to your visits (including but not limited to your IP address, domain name, browser type and access time) but will not collect your personal data.
4. Use of Cookies and other Tracking Mechanisms
When you browse the website(s) of WPHKL, cookies will be stored in your computers, mobile phones or other devices for internal navigation and programming only. We may use cookies and other tracking mechanisms described below to track information about your use of WPHKL's website(s) or mobile application(s). We may combine this information with other personal information we collect from you to better serve you and/or maintain your information across multiple pages within or across one or more sessions.
Cookies are alphanumeric identifiers that we transfer to your computers, mobile phones or other devices through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate WPHKL's website(s) or mobile application(s), while others are used to enable a faster log-in process, or to allow us to store and track information about your interests and preferences at WPHKL's website(s) or mobile application(s).
We may also engage third parties to track and analyse non-personally identifiable data from the website(s) or mobile application(s). We use the data collected by such third parties to help us administer and improve the quality of WPHKL's website(s) or mobile application(s) and to analyse usage of the same. Such third parties may combine the information that we provide about you with other information that they have collected. You can edit your browser settings to disable cookies but to do so you may not be able to utilize certain functionality of the website(s) of WPHKL.
We may also collect information regarding your IP address, browser type, domain name and access time. This information is used for WPHKL's research purposes. This is unrelated to and separate from your personal data. In rare instances, IP addresses may be used to assist in deterring and/or preventing abusive or criminal activity on the website.
If you interact with WPHKL on social media platforms (for example if you "Like" WPHKL's Facebook page), WPHKL can interact with you and send you messages via these platforms. WPHKL will interact with you in accordance with the social media platform's rules but we are not responsible for how the platform operators collect and handle your personal data. We are not responsible for what third parties post on our social media accounts.
5. Kinds of Information Collected
For the different purposes in the course of conducting WPHKL's business, you may be required to provide to WPHKL your personal data, which may include your name, gender, date of birth, e-mail address, mailing address, contact number, membership number, age, marital status, family status, educational level, occupation, username and password, etc. Details of personal data and information to be collected will be set out in the relevant Personal Information Collection Statement ("PICS") provided to you upon collection of such data and information.
6. Main Purposes and Uses of Information Collected
WPHKL will use your personal data for specific purposes identified in the PICS provided to you when your personal data is collected. In addition, WPHKL may use your personal data for the following purpose:
a) identifying and verifying your identity;
(b) communicating with you in respect of your use of WPHKL's services, products, mobile application(s) and/or website(s) (as the case maybe);
(c) daily operation and administration including but not limited to account creation and maintenance;
(d) monitoring and analysing usage of its services, products, mobile application(s) and/or website(s) (as the case maybe) to help the further development and improvement of its services, products, mobile application(s) and/or website(s);
(e) research and development in relation to customer behavior;
(f) information management and database administration;
(g) detection, investigation and/or prevention of activities that may violate our policies or maybe illegal;
(h) collection or recovery of any debt owed by you to WPHKL.
7. Accuracy of Information
You may be requested to provide to WPHKL certain personal data (particularly relating to your contact information) for specific services. If you fail to provide or update accurate information as requested for each specific service, the provision of such services by WPHKL may be affected.
8. Retention of Information
WPHKL will retain your personal data for a period no longer than necessary for the fulfillment of the purposes for which they are or are to be used. If you are a subscriber of WPHKL services, your personal data will be retained for a reasonable period after termination of your subscription for verification and audit purposes. The above is subject to any legal, statutory, regulatory or accounting requirements.
9. Security of Information
The physical records of your personal data will be stored in secured places with restricted access. The electronic records of your personal data will be stored in the servers of WPHKL located in secured places and protected by adequate IT security measures (e.g. encryption for transmission of sensitive data through the internet in appropriate cases). Only authorized personnel of WPHKL (who have been trained to handle your personal data properly and bound by a duty of confidentiality) will have access to these records and servers on a "need-to-know" and "need-to-use" basis.
No data transmission over the internet or any other public network can be guaranteed to be completely secure, and privacy cannot be assured in your communications to us. You are encouraged to protect against unauthorized access to your password. You are advised to sign out from your account when finished particularly when using a shared computer.
10. Exclusion
WPHKL may disclose your personal data as required by law, by any government departments, regulatory authorities, enforcement agencies and courts of competent jurisdiction. WPHKL excludes all liability for disclosure of your personal data in this manner.
11. Use in Legal Proceedings etc.
If it becomes necessary for WPHKL to take action against you for recovering from you the debt you owe to WPHKL, you agree that your personal data can be used by WPHKL in identifying and taking legal action against you.
12. Change of Privacy Policy
This Privacy Policy Statement may from time to time be updated, revised and changed. Any change, update or modification will be effective immediately upon being posted on website(s) of WPHKL. You are advised to check it on a regular basis.
13. Change of Control
If the ownership of certain business of WPHKL changes, WPHKL may need to transfer your personal data to the new owner of such business so the new owner may continue to operate the business subject to the condition that the new owner shall make use of your personal data in accordance with this Privacy Policy Statement. You will be notified of such transfer and you may decide to withdraw your consent to the use of your personal data.
14. English Version
If there is any inconsistency or conflict between the English and Chinese version of this Privacy Policy Statement, the English version shall prevail.
4. ENTIRE AGREEMENT
These Terms and Conditions, unless otherwise provided, represent the complete agreement between you and us concerning your use of the Savannah APP.
5. COVENANTS
You agree to use this Savannah APP for your personal, non-commercial use only and you are solely responsible for all Content whether publicly posted or privately transmitted by you in or through Savannah APP.
As a condition of your use of Savannah APP, you agree that you will not use Savannah APP for any purpose that is unlawful or prohibited by any Applicable Laws or the terms, conditions, and notices contained herein. Without limiting the generality of the foregoing, you further agree not to:
1. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorized by us;
2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;
3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
4. post, publish, transmit, reproduce, distribute or in any way exploit any Content obtained through the Savannah APP for commercial purposes;
5. upload, post, publish, transmit, reproduce, or distribute in any way, any component of Savannah APP itself or any Content obtained through Savannah APP which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission;
6. transmit, post or upload any Content that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment through Savannah APP;
7. transmit, post or upload any Content protected by intellectual property laws, rights of privacy or publicity or any other applicable laws unless you own or control the rights thereto or have received all necessary consents;
8. interfere with or disrupt networks connected to Savannah APP or violate the regulations, policies or procedures of such networks;
9. attempt to gain unauthorized access to Savannah APP, computer systems or networks connected to Savannah APP, through password mining or any other means;
10. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of Savannah APP are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
11. "stalk" or otherwise harass another; or
12. collect or store personal data about other users.
We reserve the rights from time to time, without notice, to observe and record your access to and use of Savannah APP to determine if you are complying with these Terms and Conditions.
6. MONITORING
We do not actively monitor the Content submitted, posted, transmitted or sent by users to, on or through Savannah APP or guarantee the accuracy, integrity or quality of such Content. However, we will consider complaints concerning inappropriate Content on Savannah APP, but we do not guarantee that we will take any action in respect of the same. Furthermore, we reserve the right to remove or withhold, without warning, any Content from Savannah APP or any link to any website which we consider appropriate in our sole discretion. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, emailed or otherwise transmitted via Savannah APP.
7. LINKS TO THIRD PARTY WEBSITES
We may provide links to other sites or resources ("Linked Site(s)"). We have no control over the Linked Sites and we are not responsible for the Content of any Linked Site or any links contained in a Linked Site, or any changes or updates to such sites. We do not monitor the contents of the Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operator. Where a Linked Site advertises, sells or contains financial products or services information, we expressly declare that we do not endorse any such financial products or services as appearing on that Linked Site or any other web site which the Linked Site may link to. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any Linked Site.
8. DISCLAIMERS & LIMITATION OF LIABILITY
THIS Savannah APP IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF SAVANNAH APP OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE CONTENT OR PRODUCTS INCLUDED ON SAVANNAH APP. INFORMATION PROVIDED IN SAVANNAH APP IS FOR REFERENCE ONLY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES AS TO:
1. THE AVAILABILITY OF SAVANNAH APP OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
2. THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY CONTENT ON SAVANNAH APP;
3. THE MERCHANTABILITY, STANDARD OF QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PRODUCTS AVAILABLE ON SAVANNAH APP;
4. THE USE OR EXERCISE OF REASONABLE CARE AND SKILL IN PROVIDING OR DELIVERING ANY SERVICES ON OR THROUGH SAVANNAH APP OR THE TIMELINESS OF SERVICES OFFERED OR PROVIDED ON SAVANNAH APP;
5. NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; OR
6. SAVANNAH APP BEING FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO SAVANNAH APP OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR SAVANNAH APP. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
Without limiting any exclusion specifically provided for in these Terms and Conditions we shall in no event be liable for any costs, damages or liability for:
1. the standard of the Products and Services provided, including any failure or deficiency, or alleged failure or deficiency, of any Products and Services;
2. the breach, or alleged breach, of any warranty, express or implied, relating to any Products and Services;
3. any loss or damage or impairment to any such Products and Services;
4. any act or failure to act of any, shipper or other carrier, or any employee or agent thereof; or
5. any unauthorized use of Savannah APP or breach of security relating to Savannah APP.
You specifically agree that neither we nor our Affiliates shall be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that neither our Affiliates nor we shall be responsible for the Content sent out using and/or included in Savannah APP by any third party.
The limitation of liability contained in these Terms and Conditions will apply to the fullest extent permitted by Applicable Law.
We make no representation that materials on Savannah APP are appropriate or available for use in any other jurisdictions, and accessing Savannah APP from locations where its operation are illegal is prohibited. Those who access Savannah APP from other locations do so at their own discretion and are solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the Internet and online conduct.
9. INTELLECTUAL PROPERTY
Savannah APP together with all Content made available as part of Savannah APP is our property or is licensed by us and is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Our licensors and we own copyright in the selection, co-ordination, arrangement and enhancement of such Content, as well as in the content original to it. You may not modify, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. You may only download such part of the Content as is expressly permitted to be downloaded from Savannah APP for the use specified and for your personal use only. You have no rights in or to the Content and you will not use the Content, except as permitted under these Terms and Conditions.
Except as otherwise expressly permitted by us and the copyright owner by written permission and/or under applicable copyright law, no modification, copying, redistribution, uploading, retransmission, publication or commercial exploitation of downloaded material will be permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any change to or deletion of author attribution, trademark, legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
10. INDEMNITY
You agree to indemnify and hold us and our subsidiaries, Affiliates, officers, directors, agents, and employees, harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees), incurred or suffered by us in connection with or arising from your breach of these Terms and Conditions and/or your use of Savannah APP or the services offered therein. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume exclusive defence and control of any such claim or action.
11. LEGAL COMPLIANCE
You shall comply with all Applicable Laws regarding your use of Savannah APP. We recommend that you seek legal advice on your own account if you are not sure what Applicable Laws comprise.
12. TERMINATION
Without prejudice to any other rights we may have, we may terminate your use of and access to any part or all of Savannah APP or any related service(s) at any time with immediate effect without any notice and in our sole discretion for any reason, including without limitation:
1. if you breach these Terms and Conditions;
2. if we are unable to verify or authenticate any information you provide to us;
3. if we believe that your actions may give rise to liability of any nature; or
4. if we deem your action unsuitable or inappropriate.
Upon termination, you must destroy all material obtained from Savannah APP and any copies thereof. If you wish to terminate your use of part or all of Savannah APP your only recourse is to discontinue the use of Savannah APP.
13. MODIFICATIONS TO TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions or any policies regarding the use of Savannah APP at any time and to notify you by posting an updated version thereof on Savannah APP. You are responsible for regularly reviewing the Terms and Conditions and the applicable policies. Continued use of Savannah APP after any such posting amounts to your conclusive acceptance of such revised Terms and Conditions or policies. If any such revision is unacceptable to you, you must terminate use of Savannah APP immediately. We reserve the right to interpret these Terms and Conditions and decide on any questions or disputes arising under these Terms and Conditions. You agree that all such interpretations and decisions shall be final and conclusive, and binding on you as a user of Savannah APP.
14. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Savannah APP (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of Savannah APP or any part thereof.
15. GOVERNING LAW & JURISDICTION
Savannah APP (excluding Linked Sites) is hosted by us from our office in Hong Kong. By accessing Savannah APP, you agree that any claim relating to Savannah APP shall be governed by the laws of Hong Kong without giving effect to any principles of conflicts of laws, provided that we reserve the right to pursue civil or criminal proceedings in any jurisdiction having control over you or your assets. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
16. PARTIAL INVALIDITY
The illegality, invalidity or unenforceability of any provision of these Terms and Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
17. WAIVER
No waiver of any breach under these terms of use will amount to a waiver of any other breach.
18. GENERAL PROVISIONS
To assist you in understanding these Terms and Conditions, unless the context otherwise requires, these Terms and Conditions should be interpreted using the following rules:
1. words importing one gender include the other genders;
2. words importing the singular shall include the plural and vice versa;
3. references to paragraphs, are references to paragraphs in these Terms and Conditions;
4. expressions defined in the main body of this Terms and Conditions bear the defined meaning in the whole of this Terms and Conditions;
5. a right granted or reserved may be exercised from time to time;
6. headings are for ease of reference only and shall not affect the interpretation of these Terms and Conditions;
7. any reference to a person shall include that person's successors, representatives and permitted assigns; and
8. in the event that there is any inconsistency between the English and Chinese version of these Terms and Conditions, the English version shall prevail.