Techture Event Limited – Terms and Conditions of Hong Kong Virtual Tour
Effective date: 1 July 2022
Introduction
Please read all of this Agreement carefully before downloading and/or using this App.
This Hong Kong Virtual Tour Mobile App (“App”) is provided by Techture Event Limited (“the Company” or “we”, which includes our successors and assigns). These terms and conditions of Hong Kong Virtual Tour (Mobile App) (“Agreement”) is an agreement between you as the user (including a visitor) of the App (“User” or “you”) and the Company and applies to your use of the App.
By clicking “I accept” and using the App, you agree to (i) the following terms of this Agreement; and (ii) the Privacy Policy Statement relevant to the App, which is incorporated into this Agreement by reference. The term “this Agreement” means the terms and conditions expressly set out in this document, together with the Privacy Policy Statement and other terms and conditions applicable to the Services that may be provided by us to you from time to time.
Definitions
Unless the context requires otherwise, terms used in this Agreement have the following meanings:
- API means an application programming interface developed by or on behalf of the Company to facilitate the provision of Services via the App;
- Content has the meaning given to it in clause 8(a);
- Digital Experience means the virtual activities designed by the Company from time to time as described in clause 3(a);
- Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China;
- Reward Point means a unit of reward under the program(s) operated and managed by the Company for the Virtual Tour, which may be used by a User to redeem rewards (such as gifts and offers offered by various suppliers);
- Reward Points Terms means such terms and conditions applicable to the Reward Points program as specified in clause 7 and as modified or supplemented by the Company and made available on the App from time to time;
- Services means the features, services and information provided through the App as described in clause 3(a);
- Status has the meaning given to it in clause 8(a);
- Third Party Information has the meaning given to it in clause 14(b);
- Third Party Platforms means any third party websites, mobile applications or resources;
- Third Party Services means the services provided by third party providers;
- User Account means an account registered and maintained by a User on the App;
- Virtual Tour means the routes comprising of tourists’ attractions in Hong Kong designed by the Company via the App, which will display a sequence of still images of the tourists’ attractions available on the App to a User in accordance with the User’s progress in a particular route; and
- Virtual Tour Challenges means any task, contest or target designed and/or made available by the Company in relation to the Virtual Tour via the App, which allows a User to earn certain Reward Points in accordance with the relevant Reward Points Terms and/or any other benefits as determined by the Company, our partners, sponsors, or other affiliates from time to time in its sole and absolute discretion.
About this App
This App is a program operated by the Company for the purpose of providing you with different Digital Experience and Virtual Tour in various tourists’ attractions and rewards for participating or completing the Virtual Tour Challenges in cooperation with our partners, sponsors or other affiliates.
Scope of Services
- The Services provided through the App enable you to:
- (Tracking and dashboard) track, measure, record and display data regarding your relevant health-related activities;
- (Digital Experience) participate in various virtual activities designed by the Company from time to time in accordance with the relevant terms;
- (Virtual Tour) participate in Virtual Tour designed by the Company from time to time in accordance with the relevant terms;
- (Redemption of Reward Points) redeem rewards as prescribed in the App from time to time with Reward Points; and
- (Personal record) collect, store and access virtual souvenirs provided by the Company, our partners, sponsors and/or other affiliates for your participation and completion of the Virtual Tour Challenges.
- We have the right to introduce new Services, or vary, suspend or withdraw any existing Services from time to time without prior notice.
Registration
- (Registration procedures)
- To have access to the full range of Services, you are required to follow the registration procedures specified by us from time to time, including the following:
- download the App to your mobile device and timely update the App;
- create a unique User Account by (1) inputting such personal particulars, contact details and other information as we may reasonably require from time to time and/or (2) logging in to your existing user profile on a mobile application or social media platform specified by us, so that we may access and collect from there your information in order to create your User Account; and
- confirm your acceptance of this Agreement.
- By registering to use the Services, you agree, confirm and accept that:
- you have attained the minimum age requirement as specified by us from time to time. Unless otherwise specified, you must be aged 18 or above to create a User Account and/or use the App. User Accounts for any person under this age can only be created by a parent or legal guardian, and the parent or legal guardian shall be responsible for ensuring the person complies with this Agreement; and
- we may send push notifications or messages to you from time to time based on your registered phone number, email address and other contact details provided by you for registration or verification purposes and in connection with your use of the App.
- Your User Account is not transferrable. You can only register one User Account for accessing the App.
- (Logon credentials)
- You should follow the guidance provided by us to designate your logon credentials, such as your registered phone number and password, to enable us to identify you and verify your identity for logging in your User Account.
- You may change your logon credentials at any time but any change will take effect only after we have confirmed acceptance of it.
User acknowledgements
You acknowledge that:
- (Jurisdiction) the App is intended for individuals who access it from within Hong Kong, and is not intended for download or use by persons in any jurisdiction where such download or use would be contrary to any law or regulation of such jurisdiction or where the Company is not licensed or authorised to provide the App and/or any of the Services. The Company does not represent or warrant that the App and/or the Services are appropriate or permitted or available for use outside Hong Kong. Please do not use the App and/or the Services if you are outside Hong Kong. If you access the App and/or the Services outside Hong Kong, you are responsible for observing all applicable laws and regulations of the relevant jurisdiction. Your continued use of the App and/or the Services will be deemed as your confirmation that you are accessing the App from within Hong Kong and your acceptance of this Agreement;
- (Personal safety and physical conditions)
- while you are participating in the Digital Experience or Virtual Tour or using this App, you are aware of your surroundings. The Company does not provide, guarantee, or warrant your personal safety when you are participating in the Virtual Tour. You must be responsible for the safety of yourself and your property and your accompanies (if any);
- you are aware of and understand the risks involved in taking part in the Digital Experience and/or Virtual Tour, and acknowledge the degree of fitness required to take part therein; and
- you engage in any Services or related activities solely at your own risk;
- (Data charges) data charges (including roaming charges) imposed by your mobile service provider may apply. You are responsible for these charges;
- (Advertising) we may attach banners, java applets and/or such other promotional contents or materials to the App for the purposes of advertising our or our partners’, sponsors’ or other affiliates’ products and/or services. The type and extent of advertising are subject to change. You shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials;
- (No medical advice)
- the App provides the Services for you to track, manage, and share your walking activities. The services do not contain or constitute, and should not be interpreted as, medical advice or opinion. We are not licensed medical professional, and we are not in the business of providing medical advice; and
- if you have any health or medical conditions, or are unfit, you should consult a registered medical practitioner. If it is an emergency, you must contact the emergency services immediately;
- (Tracking and dashboard)
- the App intends to provide a mean for you to (A) track and monitor your physical activity, (B) store such data, and (C) interact with other Users in this regard. It is not intended to be a medical or scientific device, and the accuracy and reliability of any data collected and stored in the App will not be sufficient for medical purposes. We do not warrant or represent that any Service may achieve any results, or is suitable for any particular purpose or for your needs;
- we are not responsible for any health or medical conditions that may result from using the App or the Services and participating in any Virtual Tour Challenges and/or setting and pursuing any results, targets or ranks. If you experience any health or medical conditions, you must stop using relevant functions of the App and consult a registered medical practitioner immediately; and
- your physical activities data tracked, measured or recorded by your health tracking app or device and displayed on the App is for your reference only. We do not warrant or represent the accuracy, reliability and availability of such information.
User undertakings
You undertake:
- to only use the App and the Services for purposes that are permitted by this Agreement;
- to use your genuine identity when using the Services on the App (including registering for a User Account);
- to use the App or the Services as principal and not as anyone’s agent;
- to ensure that all the information provided by you in connection with the Services on the App is, and shall remain, true, accurate, correct and complete;
- to ensure that you are physically fit to participate in and complete the Virtual Tour Challenges without any medical or other assistance;
- not to use the App or the Services in any way that is illegal or in breach of any applicable laws or regulations;
- not to use the App or the Services in a way that is fraudulent, malicious, abusive, libellous, obscene, threatening, inappropriate or in contravention of any agreement with us;
- not to use the App or the Services in any way that contravenes or infringes upon our rights or the rights of any third party (including intellectual property rights or proprietary rights);
- not to engage in any activity that interferes with the Services on the App or disrupts the use of the Services on the App by other Users;
- not to attempt to gain unauthorised access to, tamper with or otherwise interfere with, disrupt, damage or impair our computer systems or networks connected to the App;
- not to use the App on any mobile device or operating system that has been modified outside the mobile device or operating system vendor-supported or vendor-warranted configurations, which include mobile devices that have been “jail-broken” or “rooted”. For the purpose of this Agreement, a jail-broken or rooted mobile device means one that has been freed from the limitations imposed on it by your mobile service provider and the mobile device manufacturer without their approval;
- not to access or otherwise interact with the App using any robot, spider or other automated means; and
- not to use data collected from the App or the Services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) or to contact individuals, companies or other persons or entities.
Reward Points program
- (Objective) The Reward Points program is a program operated and managed by the Company to allow Users to (i) earn Reward Points by performing certain activities on the App and (ii) use such points to redeem rewards specified by us from time to time.
- (Applicable terms) Your participation in the Reward Points program is governed by the Reward Points Terms.
- (Eligibility for Reward Points)
- By performing the activities eligible for earning Reward Points as prescribed in the App from time to time, you may be rewarded certain Reward Points.
- The reward of the Reward Points may be subject to certain validation procedures prescribed by the Company, our partners, sponsors and/or other affiliates.
- We may not reward Reward Points:
- if we believe that an activity on the App has been initiated for an improper purpose; or
- for any other reason we deem appropriate.
- We will determine, in our sole and absolute discretion, the eligibility of Reward Points based on records held by us and other relevant considerations we deem appropriate. In case of any discrepancy, our records and decision will be final and conclusive.
- The list of activities eligible for earning Reward Points and the amount of Reward Points corresponding to each eligible activity may change from time to time. We have no obligation to clarify which activities are ineligible for Reward Points before you undertake an activity on the App, and are not liable to you for any change of ineligible activities or amount of Reward Points rewarded for each eligible activity.
- (Accumulation and Redemption of Reward Points)
- Reward Points will be accumulated for a period during which they may be redeemed in accordance with the Reward Points Terms. We may from time to time prescribe the expiry date of such period upon which any unredeemed Reward Points will expire and be reset to zero.
- Reward Points may be redeemed for rewards as prescribed in the App from time to time. We will from time to time update the list of rewards and/or suppliers and the relevant redemption details and conditions.
- (Acknowledgements) You acknowledge and agree that:
- in addition to the Reward Points Terms, the redemption and/or use of the rewards may be subject to additional terms and conditions specified by us from time to time;
- the Reward Points cannot be transferred or redeemed for cash and cannot be returned for any other consideration;
- the Reward Points are personal to you and, except as provided otherwise in this Agreement or in any other documents between you and the Company, you cannot transfer, assign, sell, barter or pledge your Reward Points or rights to the Reward Points to another person;
- any reward is subject to availability to be advised and determined by the relevant supplier in its sole and absolute discretion, which is beyond our control;
- our records of your accumulation of Reward Points are final, conclusive and binding on you save for manifest error;
- we may change, modify, suspend or terminate the Reward Points program at any time at our sole and absolute discretion without prior notice. This includes, but is not limited to, the applicable earning and redemption rates of Reward Points, the activities eligible for earning Reward Points, and the list of rewards available for redemption;
- if any dispute arises in relation to the Reward Points program (such as the records of Reward Point accumulation and redemption), our decision is final and conclusive;
- any redeemed rewards offered by a supplier are directly supplied to you by the relevant supplier who is solely responsible for the obligations and liabilities arising from the provision of such products, services, offers or discounts;
- all information and personal details provided by you to the Company and/or the relevant supplier in connection with the redemption of rewards are complete, accurate and not misleading in all material respects; and
- we will not be responsible in any way for any redeemed rewards. You shall resolve any claims, disputes or complaints with the relevant supplier directly and no claims by you against the supplier may be the subject of set-off or counter-claims against us.
Social sharing
- We may, at our discretion, allow you to enable social sharing functions on the App. If you elect to enable such functions, your profile (including your nickname and profile picture) showing you as a User of the App (collectively the “Status”), together with any message, image, photo, and/or other information (collectively the “Content”), may be posted, shared and viewable by other Users of the App. In using the App, you are solely responsible for the consequences of uploading, posting, dispatching, transmitting, sharing or otherwise making available the Content, whether in whole or in part, on the App.
- We are not responsible for the confidentiality of the Content. By submitting or making the Content available on the App, you warrant that you have the authority to, grant us a non-exclusive, perpetual, worldwide, royalty free, transferrable licence to use, reproduce, distribute and make available the Content in any and all media and manner. You also grant each User of the App the authority to access the Content.
- In connection with your use of the App, or in the course of your interactions with any User, you must not post or share any Content that is or is likely to be:
- infringing any rights, title, interest or intellectual property rights of any third party;
- illegal, obscene, defamatory, offensive or threatening;
- containing hostile, discriminatory, or disturbing content; inappropriate or insulting to any User or any third party; or
- disclosing personal data or information of another User or any third party unless you receive such User’s or third party’s prior express consent to do so.
- If any of the Content is or is likely to, in our view, fall under any of the above categories, in addition to other remedies available to us, we may remove any of the Content and/or terminate your use of the App immediately without prior notice or explanation at our sole and absolute discretion.
Licensed rights and restrictions
- In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to download and use the App on your mobile device for your personal purposes only.
- You may not use the App for any purpose which is unlawful, abusive, libellous, obscene, threatening or inappropriate in any other way.
Trade marks and copyright
- All trade marks, logos and service marks in the App are owned by the Company and/or other trade mark owners and you are prohibited from using them without our and/or their prior written consent.
- All contents in the App (including any text, graphics, links and sounds) are protected by copyright. You are prohibited from modifying, reproducing, storing in a retrieval system, transmitting (in any form or by any means), copying, distributing, re-using, re-posting, reverse-engineering, decompiling, using for creating derivative works or in any other way for commercial or public purposes any part of such contents and related materials without our prior written consent.
- Various company, product, and service names displayed on the App may be trade marks or service marks owned by others (the “Third Party Trade Marks”). Your use of the App should not be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Third Party Trade Marks displayed on this App. The Third Party Trade Marks may not be used to disparage any applicable third party, any of their products or services, or in any manner in which, in our or the relevant third party’s reasonable judgment, may damage any goodwill in the Third Party Trade Marks.
Privacy and personal data
- We will handle your personal data collected via the App in accordance with our Privacy Policy Statement, which may be amended or replaced from time to time.
- On your mobile device, we may ask you to switch on certain functions, such as the camera function. This will allow you to enjoy certain functions on the App.
- Please read our Privacy Policy Statement carefully before providing any personal data via the App. By using the App, you acknowledge that you have read and understood our Privacy Policy Statement and consent to our handling of your personal data (including sensitive personal data and direct marketing) in accordance with our Privacy Policy Statement.
System requirements
- We may update the App from time to time. You should:
- keep the App up-to-date, or you may not have access to the App, or the Services provided through the App; and
- keep the operating system of your mobile device up-to-date, or our App may stop supporting an older version of the operating system.
- The App may be temporarily unavailable when we are conducting maintenance or system updates. The availability of the App is dependent on the reliability and availability of third-party service providers including software, network and other service providers that enable your access to the App.
- You must:
- follow all security precautions prescribed by the manufacturer of your mobile device operating system;
- not decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with the App, the Services, or any software comprised in them;
- not take any action that would enable you to gain access to or to tamper with or use any of our systems or networks, or any third party systems or networks;
- not deliberately introduce, or risk introducing any viruses or other harmful software, not take any action to circumvent any anti-virus precaution, or to damage the App in any way; and
- download the App and its updates only from our official sources.
Disclaimer
- (“As is” basis) The content displayed on the App is provided on an “as is” or “as available” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose, and without any guarantees, conditions or warranties as to its accuracy. We do not guarantee that such content is error-free, without any defects or not misleading. We are not responsible for the availability, content or services of other third party, including but not limited to our partners, sponsors, and other affiliates, that may be linked to or posted within the App. We do not provide any warranty or guarantee in respect of availability and/or uninterrupted use of the App except that we will use our reasonable endeavours to rectify serious faults as soon as practicable.
- (Software and hardware functionality) We do not represent or warrant the accuracy, functionality or performance of any software or hardware provided by us or third parties that may be used in connection with the use of the App, or the appropriateness of such software or hardware for any particular system. You should familiarise yourself with the terms of service applicable to any third-party software or hardware that may be used in connection with the use of the App.
- (Electronic transmission)
- Information (including your logon credentials) sent over the Internet cannot be guaranteed to be completely secure. We are not responsible for any loss, damage or expenses of any kind which you may incur or suffer as a result of or in connection with any delay, loss, diversion, interception, alteration or corruption of any message sent to or received from us at your request, over the Internet. We are not responsible in any manner for any direct, indirect, special or consequential damages which you may incur or suffer arising from or in connection with the use of the App.
- Communication over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet or any other reason.
Third party websites, mobile applications or services
- Your use of the Services may be subject to separate agreements you may enter into with third parties. These third parties may include your mobile device operating system provider, mobile device manufacturer, mobile service carrier, and any third-party platform or social media platform that you access or use in connection with the Services. You agree to comply with all applicable third-party terms and agreements when using the Services. We are not a party to those agreements. We are not responsible for the third parties and the products and services provided by any third parties.
- The App may offer access to information about Third Party Services and other materials prepared and/or issued by persons other than the Company (together, “Third Party Information”) and may provide contents compiled from such Third Party Information in any form, medium or means. The Third Party Information and/or Third Party Services may be provided in the App or accessible via hyperlinks or APIs in the App to Third Party Platforms. The Company:
- does not investigate, verify, monitor, or endorse the contents, accuracy, completeness, timeliness, opinions or views expressed, and other links provided via the Third Party Information or at these Third Party Platforms;
- is not a party to any contractual arrangements entered into between the User and the third party providers of the Third Party Services, and shall not be deemed to endorse, recommend, guarantee or introduce such Third Party Services; and
- expressly disclaims all liability and responsibility for any loss or liabilities arising from or relating to any defect, error, omission, imperfection, fault, mistake, unavailability, inaccuracy, failure to perform actions, violation of laws and regulations, or unlicensed or illegal activities in connection with the Third Party Information and/or the Third Party Services found on the App or any of the Third Party Platforms that link to or from the App.
- You are solely responsible for making all enquiries, investigation and independent judgement before proceeding with any online or offline access or dealing with any person through the Third Party Platforms. You understand and accept that all activities conducted by you via or in the App are at your own risk. Your rights and obligations when using the Third Party Platforms are governed by the terms and policies of such platforms. We do not warrant the security of any information that you may forward or provide to any person via the Third Party Platforms. You irrevocably waive any claim against the Company for any loss, damage or expenses which you may incur or suffer arising from or in connection with any access to or interaction with any of the Third Party Platforms via the App.
User liabilities and indemnities
- You acknowledge and agree that, to the extent permitted by law, the Company, our partners, sponsors and other affiliates exclude any and all liability to you under contract, tort, statute, equity or in any other manner, for any injury (including without limitation death, personal, bodily or mental injury), damage or loss of any kind whatsoever (including without limitation any liability for direct, indirect, special or consequential loss or damage) sustained by you or any other person, or for any costs, charges or expenses incurred by you or any other person arising from or in connection with the App, the Services and/or any act or omission of the Company, our partners, sponsors and other affiliates, except to the extent that such injury, damage or loss is caused by the gross negligence of the Company, our partners, sponsors and other affiliates. In such case, liability will be limited to the relevant party and to the injury, damage or loss directly caused by that party’s gross negligence.
- You are fully liable for, and will indemnify, hold harmless and defend us against all losses, claims, damages, liabilities, fees, charges, costs and expenses of any kind arising from or in connection with:
- your access to and use of the App;
- our reliance on the information provided by you (including information relating to your existing user profile on a mobile application or social media platform specified by us which we may access for the purpose of creating your User Account pursuant to clause 4(a)(i)(B));
- any breach by you of this Agreement, any intellectual property or other right of ours or any other person;
- your failure to take adequate security measures for safeguarding any information, software and systems required for your access to and use of the App;
- access to or use of the App by any other person using your User Account (including but not limited to the breach of this Agreement by that person); and
- any injury or death suffered by you or any other persons and any damage to property.
Suspension and termination
- We have the right to suspend or terminate your access to the App or any Service at any time at our sole and absolute discretion without giving you notice or reason if:
- you have seriously or persistently breached any of the terms of this Agreement;
- we know or reasonably suspect that:
- your use of the App or any Service breaches any applicable laws or regulations; or
- you have committed or are about to commit fraud or any other illegal or improper act in connection with your use of the App or any Service;
- you are not eligible or entitled to download the App or use any Service for any reason; or
- the App is withdrawn by Apple or, Google Inc. for any reason.
- You may terminate your access to the App at any time by closing your User Account through contacting us at This email address is being protected from spambots. You need JavaScript enabled to view it.. There are no refunds for any Reward Points that have not been used.
- Without prejudice to any of our rights and remedies under this Agreement, upon the termination or suspension of any Services or your User Account:
- your Reward Points and your rights to any reward, benefit or remedy under this Agreement (if any) will cease; and
- for the avoidance of doubt, the following provisions of this Agreement will remain valid, effective and enforceable: “User undertakings”, “Social sharing”, “Trade marks and copyright”, “Privacy and personal data”, “Disclaimer”, “User liabilities and indemnities”, “General provisions” and this clause 16(c).
Variation
We have the right to vary the provisions of this Agreement from time to time and notify you of the variations when you next launch the App. You are required to read and accept the variations before continuing your use of the App. If you do not accept the variations, you should cease to use the App.
General provisions
- (Waiver) No failure or delay on the part of the Company in exercising any right or remedy under this Agreement shall operate as a waiver of, or impair, any such right or remedy.
- (Assignment) This Agreement is for the benefit of the Company and its successors and assigns. The Company may assign or transfer any of its rights under this Agreement. The Company may also delegate or subcontract the performance of any obligation under this Agreement.
- (Governing law) This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong.
- (Jurisdiction) You submit to the non-exclusive jurisdiction of the courts of Hong Kong but this Agreement may be enforced in the courts of any competent jurisdiction.
- (Severability) The illegality, invalidity or unenforceability of any provisions of this Agreement shall not affect the legality, validity or enforceability of any other provisions, which shall remain in full force and effect as if such illegal, invalid or unenforceable provision was severed from this Agreement.
- (Language) The English version of this Agreement shall prevail to the extent of any inconsistency between the English version and the Chinese version.
- (No third party rights) No person other than the Company and the User will have any right to enforce or enjoy the benefit of any of its provisions under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong).
- (Cumulative rights and remedies) Unless otherwise provided, our rights and remedies under this Agreement are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under this Agreement, or at law or in equity, shall (save to the extent provided expressly in this Agreement or at law or in equity, if any) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
- (Binding and conclusive) You acknowledge and agree that any records (including records of telephone conversations relating to the App or the Services, if any) maintained by us or our service providers relating to or in connection with the App or the Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
Contact us
If you have any questions regarding this Agreement, please contact us via:
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.