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Terms of Service Agreement

Taikoo Social Terms and Conditions

These Terms and Conditions are written in English. In the event of any inconsistency between the English version and any translated version of these Terms, the English version shall prevail.

Date of last revision: [19 August 2019]

Welcome to Taikoo Social (the “Application”).

The Application is offered by Swire Properties Limited (the "Company", “we”, “us” or “our”) and is subject to the following terms and conditions (these "Terms and Conditions").

By using or accessing the services provided on the Application, you agree you have read, understood and agreed to these Terms and Conditions. We may update these Terms and Conditions from time to time at our sole discretion without prior notice. When we do, we will revise the “Date of last revision” at the top of these Terms and Conditions. The latest version supersedes all earlier versions. It is your responsibility to review the most recent version of these Terms and Conditions frequently and remain informed about any changes to them. If you do not agree to any provision of these Terms and Conditions, you should immediately cease using the Application. Your continued use of the Application, following any changes to our terms, policies or guidelines constitutes your acceptance of our amended Terms and Conditions, policies or guidelines.


Registration and Account Security

Anyone can register to the Application.

Any users who works at Taikoo Place (including One Taikoo Place, One Island East, Berkshire House, Cambridge House, Devon House, Dorset House, Lincoln House, Oxford House and PCCW Tower) and Cityplaza One, may also at the time of or at any time after registration, on provision of a valid business card, be eligible to a tenant offer.

Those who have been successfully verified to be eligible to the tenant offer will be notified via email or the Application.

The company name and business title provided on the submitted business cards, which will be extracted for analytical purpose only. All copies of business cards submitted (if you choose to provide) are used for verification purposes only, and will be automatically and permanently deleted from our system within one (1) month from the date of provision.

Users of the Application should provide their real names and information. For the purpose of registering and maintaining the security of your account, you warrant and undertake that:
• You will not provide any false personal information on the Application or create an account for anyone other than yourself without permission.
• You will not create more than one personal account.
• If we disable your account, you will not create another one without our permission.
• You will not use the Application if you are under 18.
• You will keep your contact information accurate and up to date.
• You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
• You will not transfer your account (including any application you administer) to anyone without first getting our written permission.


Data Privacy and Security Policy

We are committed to protect the privacy of the personal data we hold in compliance with the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong). We encourage you to read our Privacy Statement and Personal Information Collection Statement and to use it to help you make informed decisions. By signing up and/or participating in the Events (as defined below) listed on the Application, you understand and agree that you may receive communication from Events’ organisers and their designees in the normal course of utilizing the Application.


Ownership of Taikoo Social

We retain all right, title and interest (including without limitation intellectual property rights) on all text, graphic images, logos, icons, sound clips, video clips, data compilations, page layout, underlying code (such as object and source codes, etc.), software and any other materials in and to the Application. Any act of “mirroring” the Application or the materials contained therein on your device and/or sever without prior written permission of the Company, or modifying or re-using the text or graphics on the Application is prohibited.


Content and Liability

• You agree that you bear all possible risks associated with your use of the Application and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, whether arising in contract, tort (including negligence) or otherwise, now and in the future, arising out of or in any way connected with your use of the Application, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at events or activities listed on the Application.
• We make no representations or warranties of any kind, whether express or implied, with respect to the operation, condition, quality performance or accuracy of the Application, the fitness for any particular purpose, availability or non-infringement of third party rights. We do not warrant that the Application will be error-free or that any such error will be corrected. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet, server and/or the Application, interference with other software, programmes or applications in your device. We also make no representation that the Application is free of virus or other harmful computer codes or components. You will be solely responsible for any damage to your device or loss of data that results from the downloading or use of the Application.
• Through the Application, we provide tools that enable users to sign up for event(s) (“Events”) organised by third parties taking place at venues which may include public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these Events and are not involved in any way with the actions of any individual at these Events. As a result, we have no control over the identity or actions of the individuals who are present at these Events, and we request that users exercise caution and good judgment when attending these Events.
• Your correspondence or business dealings with, or participation in promotions of Participating Merchants (as defined below) found on the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Participating Merchants. You understand that you might be subject to such terms and conditions of the Participating Merchants and you agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such Participating Merchants on the Application. For the purpose of these Terms and Conditions, “Participating Merchants” shall mean the selected merchants, which include retail merchants in Hong Kong.
• We may provide contents, links to other websites or resources of Participating Merchants or third parties on the Application. We have no control over such contents, websites or resources. You acknowledge and agree that we are not responsible for the availability of such websites or resources. You acknowledge and agree that we do not represent, warrant nor endorse the quality, condition, merchantability or suitability for use of products, services or Events available on the Application and are not responsible or liable for any content, advertising, products, or other materials on or available from such contents, websites or resources. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources provided on the Application.


Prohibited Uses

You agree in the use of the Application that you shall not do any of the following:
• collect users’ content or information, or otherwise access the Application, using automated means (such as harvesting bots, robots, spiders or scrapers) without our prior permission; or
• infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or
• violate any law, statute, ordinance or regulation; or
• upload viruses or other malicious code; or
• solicit login information or access an account belonging to someone else; or
• do anything that could disable, overburden, or impair the proper working or appearance of the Application, such as a denial of service attack or interference with page rendering or other functionality relating to the Application; or
• facilitate or encourage any violations of this Terms and Conditions or our policies.


Cancellation and Termination of user accounts

If:
• you wish to remove your account from the Application; or
• your mobile phone installed with the Application has been lost or stolen; or
• you have reason to believe that your account with the Application may have been used by, or password may have been disclosed to, an unauthorized party,

you should send an email to our Office Marketing Team at taikoosocial@swireproperties.com with your registered mobile number and/or email address for account suspension or termination.

If an user has, or the Company has reason to believe that the user has, violated these Terms and Conditions, the Company may suspend or terminate the user account, and take action to request compensation for any possible damage or loss caused to the Company due to the user’s violation.

The Company may (but is not obligated) to notify users in advance of the termination or suspension of your account with the Application.


Others

• The Company's failure to enforce any rights or provision of these Terms and Conditions does not constitute any waiver by the Company of such rights or provisions.
• If any provisions of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable under any enactment or rule of law, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.
• These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
• The Company may, at any time and without giving notice to you, make changes, corrections and/or improvements to the Application, stop providing the Application or features of the Application to you or to users generally, or create usage limits for the Application.
• The Company and Participating Merchants shall have absolute discretion to terminate, modify or amend terms and conditions of any offers listed on the Application (including the tenant offer) at any time without prior notice to the users.
• All issues or disputes arising from use of the Application and/or offer redemption (including the tenant offer) are at the sole discretion of the Company and/or the Participating Merchants (as applicable).
• Any enquiries, complaints or disputes relating to third-party contents, Events, products and/or services should be directed to the relevant third-party. Under no circumstances will the Company entertain any such enquiry or complaint, nor will the Company be a party to such dispute.
• These Terms and Conditions are governed and regulated by the laws of the Hong Kong Special Administrative Region.
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