TERMS OF USE
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The HK Ferry (‘the
app or site”), is owned and operated by [Christian Rudolph], carrying on its business activities
in [Insert business address]. These Terms of Use govern your use of this application.
1. YOUR
ACCEPTANCE OF THESE TERMS OF USE
These Terms of Use hereinafter referred to as “TOU” constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (“you,
or user”) and [Christian Rudolph (“[HKferryapp], we,” “us” or
“our”), concerning your access to and use of the Application (IOS and ANDROID
inclusive), and any other media form, media channel, related, linked, or
otherwise connected thereto (collectively, the “Site, “App” or HK Ferry”). You
agree that by accessing the Site, you have read, understood, and agree to be
bound by all of these TOU Use. IF YOU DO NOT AGREE WITH ALL OF THESE TOU,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
BY SIGNING UP TO USE THE APP OR SERVICE, YOU
ACKNOWLEDGE AND AGREE THAT THE FORMS WE SEND YOU ARE PROPER NOTIFICATION OF
SUCH REPORTS AND THAT YOUR NAME AND DATE OF SENT REPORT WILL BE RECORDED ON OUR
DATABASE WHICH WILL SUFFICE AS A SIGNATURE FOR SUCH REPORTS.
Supplemental TOU or documents that may be posted on
the Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these TOU at any time and for any reason. We will alert you about any changes by
updating the “Last updated” date of these TOU and you waive any right to
receive specific notice of each such change.
It is your responsibility to periodically review these TOU to stay
informed of updates. You will be subject
to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised TOU by your continued use of the Site after the date
such revised Terms are posted.
2. YOUR
ACCEPTANCE OF OUR PRIVACY POLICY
By agreeing to these TOU, you agree to the terms of
our Privacy Policy which is expressly incorporated herein. Before using this
Site, please carefully review our Privacy Policy. All information provided to
us as a result of your use of this Site will be handled in accordance with our
Privacy Policy. To the extent there are inconsistencies between these Terms of
Use and our Privacy Policy, these Terms of Use control.
3. YOUR
CONSENT TO OTHER AGREEMENTS
When you intend to use a special feature of this Site,
you may be asked to agree to special terms governing your use of the special
feature. In such cases, you may be asked to expressly consent to the special
terms, for example, by checking a box or clicking on a button marked “I agree.”
This type of agreement is known as a “click-through” agreement. If any of the
terms of the click-through agreement are different than the terms of these TOU,
the terms of the click-through agreement will supplement or amend these Terms
of Use, but only with respect to the matters governed by the “click-through
agreement.”
4. ABOUT HK
Ferry
HK Ferry App remains Hong Kong’s premier all-in-one
ferry schedule app. Our utility is designed to provide comprehensive,
up-to-date information on ferry services, covering all 12 operators, 67 routes,
and 49 destinations across Hong Kong. HK Ferry App simplifies your ferry travel
with user-friendly features, offering schedules at your fingertips without the
need for an account. We value your privacy, collecting only search data and
language preferences without requiring personal information. With our app, experience
hassle-free navigation through Hong Kong’s extensive ferry network.
We designed the site
to make using the service as simple as possible. The site can be accessible by
visiting our website at www.hkferryapp.com or through our mobile application. If you
choose to use the application via your smartphone, we recommend that you
download the software from the IOS PLAYSTORE and GOOGLE
PLAYSTORE. Check that your smartphone is up to date and that it is compatible with the most recent version of HK Ferry.
5. APPLICABILITY
“These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, documents and/or other services offered by HK Ferry via (our “Website”);
(b) The use of the features and services provided via the site or app.
6. USE OF SERVICES/USER PROHIBITIONS
6.1 Subject to your compliance with these Terms, [Christian Rudolph] grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
6.2 You shall use the Services in accordance with these Terms and shall not:
- Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, Privacy, Copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the services.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from the services.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of [Christian Rudolph] or its affiliates, Partners, Suppliers or Licensors.
- Use the Services for any purpose for which it is not designed or intended. You also agree not to use the platform to store or record data, and you release us from any liability relating to data or content loss.
- Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by [Christian Rudolph].
- Use any proprietary information or interfaces of [Christian Rudolph] or any other intellectual property of [Christian Rudolph] in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Collect any information in respect of other users without their consent.
- Commit any act to avoid paying any applicable fees and/or charges.
- Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
- Authorise or encourage anyone to do any of the foregoing.
6.3 The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the HK Ferry and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the service in accordance with these terms of service.
6.4 Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the service.
6.5 Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “[Christian Rudolph]” name, or any of the “[Christian Rudolph]” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to [NAME OF COMPANY]
6.6 These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of [Christian Rudolph]’s materials and content, the Service, [Christian Rudolph] name and/or trademarks, other than as set out in these Terms of Service.
7. HK Ferry’S INTELLECTUAL PROPERTY
Content For purposes of these Terms, “content” is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by HK Ferry, our Affiliates or our licensors.
Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with HK Ferry’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to HK Ferry or its licensors for violation of intellectual property rights.
Trademarks or service marks of HK Ferry include, but are not limited to, HK Ferry™ and the HK Ferry logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of HK Ferry or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of HK Ferry, our Affiliates or our licensors.
Site Use HK Ferry grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of HK Ferry, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. HK Ferry reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
8. SOFTWARE UPDATES
HK Ferry is constantly changing and improving the Service. As part of this continual evolution of our digital content and services, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also change the Service for these other reasons:
- to adapt to new technologies
- to reflect increases or decreases in the number of people who use a particular product, service or feature
- to respond to key changes in the licences and partnerships we have with others
- to prevent abuse or harm
- to address legal, regulatory, safety or security issues.
In particular, we sometimes make legally-required updates, which are modifications that keep digital content, services or goods in conformity with the law. We make these updates to our digital content and services for safety or security reasons, and to make sure they meet the quality standards that you expect, such as those described in our Legal Guarantee below. We may automatically install updates that address significant safety or security risks. For other updates, you can choose whether you want them installed.
Before we change or stop offering any part of the Service, we carefully consider your interests as a user, your reasonable expectations, and the potential impact on you and others. We only change or stop offering any part of the Service for valid reasons. If a modification negatively affects your ability to access or use the Service, we’ll provide you with reasonable advance notice by email, including a description of the changes, when they’ll take place, and your right to end your contract with us if our modifications create more than a minor negative impact, except in urgent situations such as preventing abuse or harm, responding to legal requirements, or addressing security and operability issues.
9. APP USE LICENSE
When you use the Services through the App, then HK Ferry grant you a revocable, non-transferable, non-exclusive, limited right to install and use it on wireless phones and devices that are in accordance with the terms and conditions of this license, used and controlled by you and shall not:
- Decompile, disassemble, reverse-engineer, attempt to know the source code of the App, or decrypt it;
- make any modification, enhancement, adaptation, improvement, translation or derivative work from the App;
- go against any applicable laws, regulations, or rules regarding your use of the App;
- alter, remove, or obscure any of HK Ferry’s proprietary notice, and the licensor of the App;
- make the App available over network or other environs that allow access or use by multiple devices or multiple users at the same time;
- use the App to create services, or software that is directly or indirectly competitive with or in any way a substitute for the App;
- use the App to send automated queries or unsolicited commercial emails to any platform; and
- Make use of any proprietary information of HK Ferry in the development, design, manufacture, distribution, or licensing of any application, devices, or accessories for use with the App.
10. TERMS REGARDING APPLE AND ANDROID DEVICES
The following terms and conditions will apply when you access the App either from the Apple Store or the Google Play Store. You acknowledge that these Terms is between you and HK Ferry only and not with Apple Inc. or Google Inc. (both an “App Distributor”), and HK Ferry (which is not an App Distributor) is directly responsible for the App and the App Content thereof.
- Scope of License: The license granted to you for the App is limited to a non-transferable permit to use the App on a device that uses the Apple iOS and/or Android operating system as applicable and in line with the usage rules set forth in the applicable App Distributor terms and conditions agreement.
- Maintenance and Support: HK Ferry is solely responsible for providing any maintenance and support services with respect to the App as specified under these Terms and applicable laws. You hereby agree that no App Distributor is responsible for any support and maintenance services in relation to the App.
- Warranty: HK Ferry is responsible for any service warranties, whether express or implied by law, to the extent not effectively disclaimed. In any event, where the App fails to conform to any applicable warranty, you may alert the relevant App Distributor, and the App Distributor, in accordance with its policies and terms, may refund the purchase price (if any) paid for the App, and to the fullest extent permissible by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, expenses or costs attributable to any failure to obey any warranty will be HK Ferry’s sole responsibility.
- Service Claims: You hereby agree that HK Ferry (not an App Distributor) is liable for addressing any of your claims or those of a third party relating to the App or your control and/or use thereof, including but not limited to; (a) service liability claims; (b) any claim that the App fails to obey any applicable or legal requirement; and (iii) claims arising from consumer protection or similar legislation.
- Intellectual Property Rights: You acknowledge that in the event of any third-party claim that the App or your use thereof infringes a third party’s intellectual property rights, the relevant App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You agree to follow all relevant rules and regulations in the country from which you access the service or use the application. It is also the obligation of users to exercise caution while engaging with other users on the platform from other places.
- Third Party Terms and Conditions Agreement: You must comply with the third-party terms and conditions agreement applicable when using the App. For example, if you have a VoIP application, you must not violate their wireless data service agreement when using the App.
- Third Party Beneficiary: Both you and HK Ferry acknowledge that the App Distributors and their subsidiaries are third party beneficiaries of these Terms and that upon your acceptance of the terms and conditions of these Terms, each App Distributor will have the right to enforce these Terms against you as a third-party beneficiary thereof.
11. TERMINATION
Termination by you. You may terminate these Terms and the license granted to you hereunder at any time by uninstalling and removing the Software from your device, and by ceasing to use the App.
Termination by us. Without prejudice to any other rights we may have, these Terms and the license granted to you hereunder automatically terminate without notice, if you fail to comply with or breach any provision of these Terms. In no event will we be liable for the suspension, removal of or disabling of your access to HK Ferry or to any feature available therein. You acknowledge that upon expiration or termination of your license, the license key may automatically de-activate.
12. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may contain connections to other websites, and platform users may also publish external links. HK Ferry hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. HK Ferry shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
13. YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that: (i) you will only use HK Ferry as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using HK Ferry; (iii) you will not use HK Ferry for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using HK Ferry.
14. DISCLAIMER OF WARRANTIES
HK Ferry IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) HK Ferry WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF HK Ferry WILL BE UNINTERRUPTED; OR (III) HK Ferry IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH HK FERRY APP IS TO UNINSTALL AND CEASE USE OF ALL HK Ferry PRODUCTS. Further and except as expressly provided herein, we are not obligated to maintain or support HK FERRY APP or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of HK FERRY APP and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.
15. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF HK Ferry OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE HK Ferry UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF HK Ferry.
16. INDEMNITY
You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your access to or use of HK FERRY APP; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.
17. GOVERNING LAW AND DISPUTES
This Agreement will be governed by, construed and enforced in accordance with the laws of Hong Kong, China, without regard to its conflicts of law principles or provisions. Hong Kong Courts shall have jurisdiction to adjudicate disputes.
18. GENERAL
These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.
19. Contact Us.
If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at info@hkferryapp.com, and we will make an effort to reply within a reasonable time-frame.