Citybus & NWFB - Members of Chow Tai Fook Enterprises and NWS Holdings - Terms of Use
Citybus & NWFB - Members of Chow Tai Fook Enterprises and NWS Holdings -
 
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Welcome to the Website of Citybus Limited ("Citybus") / New World First Bus Services Limited ("NWFB"). Please read the following Terms of Use carefully as they apply to your use of the Website.

1.

Interpretation

1.1

In these Terms of Use, the following words and expressions shall have the following meaning:

"Affiliates" means the holding companies of Citybus or NWFB, all subsidiaries of such holding companies and all companies or bodies corporate in which such holding companies or Citybus or NWFB hold an interest equal to or greater than 20% of the voting or capital rights;

"Business day" means a day on which Hong Kong's general commercial banks are open for business other than a Saturday, a Sunday or a public holiday;

"Citybus" means Citybus Limited, a company incorporated in Hong Kong whose registered office is at 8 Chong Fu Road, Chai Wan, Hong Kong;

"Content" means all information, data, text, software, music, sound, photograph, graphic, image, video, message, logos, button icons, HTML code or other material displayed on or available through the Website;

"Feedback" means ideas, concepts, know-how, proposals, suggestions, comments and other communication and information provided by a User to Citybus or NWFB in connection with the Website;

"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;

"Linked Site" means other linked site or resource provided by us on the Website;

"NWFB" means New World First Bus Services Limited, a company incorporated in the British Virgin Islands whose principal place of business in Hong Kong is at 8 Chong Fu Road, Chai Wan, Hong Kong;

"Privacy Policy Statement" means the Privacy Policy Statement as amended from time to time and posted on the Website;

"Product" means any product which may from time to time be available for purchase, redemption or giving away via the Website;

"Terms of Use" means these Terms of Use as amended from time to time and posted on the Website;

"User" means any person who access the Website;

"we", "us" means Citybus or NWFB and "our" shall be construed accordingly;

"Website" means this website established at URL http://www.citybus.com.hk (Citybus) , http://www.nwfb.com.hk (NWFB) and http://www.nwstbus.com.hk ; and

"you" means the User of the Website, and "your" shall be construed accordingly.

1.2

If the context of these Terms of Use so permits or requires, words importing any gender shall include the other genders, words in the singular number shall include the plural number and vice versa, and any reference to a person shall include that person's successors, representatives and permitted assigns.

1.3

References to Clauses are references to the clauses of these Terms of Use. Clause headings are strictly for the purpose of convenience and general reference only and shall not affect the meaning or interpretation of any of the provisions of these Terms of Use.

1.4

In the event that there is any inconsistency between the English and the Chinese versions of these Terms of Use, the English version shall prevail.

2.

Data Privacy

2.1

For information about our privacy policies and practices, please refer to our Privacy Policy Statement.

3.

Complete Terms of Use

3.1

The Privacy Policy Statement is incorporated in these Terms of Use as if they were set forth fully herein and together with these Terms of Use represent the complete agreement between you and us concerning your use of the Website.

4.

Covenants

4.1

You shall use the Website for your personal, non-commercial use only and you shall be solely responsible for all Content whether publicly posted or privately transmitted by you on or through the Website.

4.2

As a condition of your use of the Website, you shall not use the Website for any purpose that is unlawful or prohibited by any applicable laws or by the terms, conditions and notices contained herein. Without limiting the generality of the foregoing, you shall not:

(i) 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 in connection with the Website for which you have not been authorised by us to do so;

(ii) upload, post, e-mail, publish, transmit or otherwise make available on or through the Website any unlawful, fraudulent, tortious, libelous, defamatory, obscene, pornographic, profane, threatening, harassing, 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, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;

(iii) upload, post, e-mail, publish, transmit or otherwise make available on or through the Website any advertisements, solicitations, junk mails, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication;

(iv) post, publish, transmit, reproduce, distribute or in any way exploit any Content obtained through the Website for commercial purposes;

(v) download, post, publish, transmit, reproduce or distribute in any way any component of the Website or any Content obtained through the Website which is protected by copyright or other proprietary right of any third party, or create derivative works with respect thereto, without our prior written permission;

(vi) upload, post, e-mail, publish, transmit, or otherwise make available any Content on or through the Website that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other harmful or deleterious computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;

(vii) upload, post, e-mail, publish, transmit or otherwise make available any Content on or through the Website that are protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;

(viii) interfere with or disrupt the networks connected to the Website or violate the regulations, policies or procedures of such networks;

(ix) attempt to gain unauthorised access to the Website, computer systems or networks connected to the Website through password mining or any other means;

(x) interfere with another User's use and enjoyment of the Website or other individual's or entity's use and enjoyment of similar services;

(xi) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other User to engage in real time exchanges;

(xii) harass other User;

(xiv) collect or store personal data about other User; or

(xiv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

4.3

We reserve the rights, from time to time and without notice, to observe and record your access to and use of the Website to determine whether you are complying with the Terms of Use.

5.

Monitoring

5.1

We do not actively monitor the Content submitted, posted, transmitted or sent by User to, on or through the Website and we do not guarantee the accuracy, integrity or quality of such Content.  Whilst we will consider complaints concerning inappropriate Content on the Website, we do not guarantee that we will take any action in respect of the same. We reserve the right to remove or withhold, without warning, any Content from the Website or any link to any other website as we consider appropriate in our absolute discretion. Under no circumstances will we be liable in any way for any Content, including without limitation 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, e-mailed or otherwise transmitted or made available via the Website.

5.2

You acknowledge and agree that we will be entitled to preserve your Content and disclose your Content if required to do so by law or in the good faith and belief that such preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any of your Content violates the rights of third party; or (iv) protect the rights, property or personal safety of us, our Users and the public.

6.

Links to Third Party Websites

6.1

We have no control over the Linked Site and we will not be responsible for the Content of the Linked Site or any links contained in the Linked Site or any changes or updates of such sites. We will not be responsible for webcasting or any other form of transmission received from the Linked Site. We provide these links to you only as a convenience and the inclusion of any Linked Site on the Website does not imply endorsement by us of the Linked Site or any association with its operator. We will 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. Any concern regarding the Linked Site shall be directed to its responsible site administrator or webmaster.

7.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

7.1

The Website shall be provided on an "as is" and "as available" basis and your use of the Website shall be at your sole risk. Neither we nor our Affiliates makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the accuracy, adequacy or completeness of the Content or Product included on the Website. To the fullest 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 :

(i) the services or information provided on or via the Website will meet your requirements;

(ii) the availability of the Website or that it will be uninterrupted or error-free or that any errors and defects will be corrected;

(iii) the accuracy, adequacy or completeness of any Content on the Website;

(iv) the merchantability, standard of quality or fitness for any particular purpose of any Product available on the Website;

(v) the use or exercise of reasonable care and skill in providing or delivering any services on or through the Website or the timeliness of services offered or provided on the Website;

(vi) non-infringement of any third party intellectual property rights; and

(vii) the Website being free of computer viruses or other harmful elements.

7.2

Any material downloaded or otherwise obtained from or through the Website shall be done at your own risk and that you shall be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

7.3

Our entire liability and your exclusive remedy with respect to the Website or otherwise shall be re-performance of defective services in jurisdictions which do not allow the exclusion or limitation of certain types of liability. We do not endorse, warrant or guarantee any material, product or service offered through us or the Website. We are not and will not be a party to any transaction between you and any third party.

7.4

Without limiting any exclusion specifically provided for in these Terms of Use, we will in no event be liable for any costs, damages or liability for :

(i) the failure or alleged failure of any Product;

(ii) the breach or alleged breach of any warranty, express or implied, relating to any Product;

(iii) any loss or damage to any such Product;

(iv) any act or failure to act of any shipper or other carrier or any employee or agent thereof of the Product; or

(v) any unauthorised use of the Website or breach of security relating to the Website.

7.5

You must exercise and rely solely on your own judgment in using the Website for purchasing or redeeming the Product. In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, goodwill, use, data or other intangible losses, arising out of any use or inability to use the Website or the use of or reliance on the Content or service available on the Website, even if we have been advised of the possibility of such damages including without limitation transmission of Content or any transactions entered into through the Website. 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 we nor our Affiliates shall be responsible for the Content sent out, using and/or included in the Website by any third party.

7.6

The limitation of liability contained in these Terms of Use shall apply to the fullest extent permitted by applicable laws.

7.7

We make no representation that materials on the Website are appropriate or available for use in any jurisdictions, accessing the Website from locations where its operation are illegal is prohibited. Those who access the Website from other locations do so at their own risk and shall be solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the internet and online conduit.

8.

Intellectual Property

8.1

The Website together with all Content made available as part of the Website are our property or are licensed to us. They are protected by copyright, trademarks, service marks, patents or other propriety rights and laws. Our licensors and we own the copyright in the selection, co-ordination, arrangement and enhancement of such Content as well as in the content original to it. You shall 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 the Website for the use specified and for your personal use only. You shall have no rights in or to the Content and you shall not use the Content except as permitted under the Terms of Use.

8.2

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 shall 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.

8.3

You agree that we will be free to use, disclose, adopt and modify all and any Feedback provided by you to us without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

9.

Participation in Promotions of Advertisers

9.1

Any dealings you may have with any advertiser on the Website or your participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions shall be solely between you and the advertiser or other third party. Neither we nor our Affiliates shall be responsible or liable for any part of any such advertisement dealings or promotions.

10.

Indemnity

10.1

You agree to indemnify and hold us and our subsidiaries, Affiliates, officers, directors, agents, employees and co-branders 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 the Terms of Use and/or your use of the Website or the services provided by the Website. We will be entitled to, if necessary, participate in the defence of any such claim or action and any negotiations for settlement arising from such claim or action. No settlement that may adversely affect our rights or obligations shall be made by you without our prior written approval. We reserve the right to assume exclusive defence and control of any such claim or action.

11.

Legal Compliance

11.1

You shall comply with all applicable laws, statutes, ordinances, regulations, rules and codes (whether or not having the force of law) regarding your use of the Website ("Applicable Laws"). You recognise the global nature of the Internet and you understand that the Applicable Laws may be of a jurisdiction other than your own and you agree that compliance with the Applicable Laws is your sole responsibility. We recommend that you shall seek legal advice on your own account if you are not sure what the Applicable Laws comprise.

12.

Termination

12.1

We will be entitled to terminate your use of and access to any part or all of the Website or any related services at any time with immediate effect without any prior notice and at our sole discretion for any reason, including without limitation :

(i) if you breach the Terms of Use;

(ii) if we are unable to verify or authenticate any information you provide to us;

(iii) if we believe that your action may give rise to liability of any nature; or

(iv) if we deem your action unsuitable or inappropriate.

12.2

Upon termination pursuant to Clause 12.1 above, you shall destroy all material obtained from the Website and any copies thereof.

12.3

We shall not be liable to you or any third party for any termination of your use of or access to any part of all of the Website or any related services.

12.4

If you wish to terminate your use of part or all of the Website, your only recourse is to discontinue the use of the Website.

13.

Modifications to these Terms of Use and Policies, etc

13.1

We reserve the right to change these Terms of Use or our Privacy Policy Statement or any policies regarding the use of the Website at any time in our sole discretion and to notify you by posting an updated version thereof on the Website. You shall be responsible for regularly reviewing these Terms of Use and the applicable policies and rules. Continued use of the Website after such posting shall amount to your conclusive acceptance of such revised Terms of Use or policies or rules. If any such revision is unacceptable to you, you shall terminate your use of the Website immediately. We reserve the right to interpret these Terms of Use and the applicable policies and rules and decide on any questions or disputes arising under these Terms of Use and the applicable policies and rules. You agree that all such interpretations and decisions shall be final and conclusive and binding on you as a User of the Website.

14.

Modifications to Service

14.1

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any part thereof.

15.

System Availability

15.1

We do not guarantee uninterrupted, continued or secure access to the Website. Any part of or the entire Website may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruption, Internet access downtime and other technical problems beyond our control for which we cannot and will not be held responsible. You agree that your use of the Website shall be at your own risk and that you shall not hold us responsible for any damage or loss caused by your inability to use the Website for any reason whatsoever. We reserve the right to take any part or all of the Website offline for various reasons including but not limited to system maintenance or upgrading.

16.

No Agency

16.1

We and you are independent. No agency, partnership, joint venture, trustee, beneficiary, employer-employee or franchiser-franchisee relationship is intended or created between us and you by your use of the Website.

17.

Waiver

17.1

All waivers must be in writing. The failure of us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. No waiver of any breach under the Terms of Use shall amount to a waiver of any other breach.

18.

Partial Invalidity

18.1

The illegality, invalidity or unenforceability of any provision of the Terms of Use 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 provisions of the Terms of Use.

19.

Governing Law and Jurisdiction

19.1

The Website (excluding the Linked Sites) is hosted by us from our office in Hong Kong. By accessing the Website, you agree that any claim relating to the Website 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.

 
 

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