Please take time to read this PA Alliance Mobile App Terms and Conditions (“Mobile App Terms and Conditions”). It is important and explains how we provide our services to you and how you may use the PA Alliance Mobile App (“App”). This Mobile App Terms and Conditions is written in simple terms without complex legal constructions. If you do not understand any part of this Mobile App Terms and Conditions, please ask us before using the App or any of our services.
Terms of Use
This App is brought to you PA Alliance (“PA Alliance” or “We”). By using the App and the products, services or websites in connection with it (“App Services”), you agree to the following terms and conditions, and any policies, guidelines or amendments that may be presented to you from time to time. By accessing the App or continued use of the App Services, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below. Please do not proceed further if you do not wish to be bound by these terms and conditions.
Each of the following shall be incorporated as an integral part of these Mobile App Terms and Conditions, as if they are written in full herein:
(i) the PA Alliance Aurora Terms and Conditions; and
(ii) the Personal Information Collection Statement, Privacy Policy Statement(“Privacy Notice”).
We may amend this Mobile App Terms and Conditions from time to time, including any term with respect to any new or change of services or the introduction of fees, and you can find the most current and updated version in the App. The most updated version of this Mobile App Terms and Conditions shall take effect immediately upon posting to the App. Each time you use the App, you confirm that you agree to be bound by this Mobile App Terms and Conditions as may be amended from time to time.
App Services
The App allows you to sign up and manage the use of your Aurora Card. We may not operate all functions in the App, and you may be required to enter into separate agreements with the relevant service providers to use certain functions.
Free of Charge
The App is currently offered to you free of charge.
Use of the App
Subject to these terms and conditions, the App is for your personal use on the mobile product you own or control as permitted by any terms of use required by the party providing the app store from which you downloaded the App.
The App Services are made available for personal and non-commercial use only, you are not allowed to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download, reverse engineer, disassemble, decompile, translate, or reproduce any content or information on the App, or create derivative works of any kind whatsoever for any commercial or competitive activity or purpose.
You are not allowed to rent, lease or transfer any rights with respect to the App, or to otherwise use the App in any manner that could impair any App Service or in anyway interfere with any party’s use or enjoyment of the App. You must use the App in compliance with all applicable laws and regulations.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from whom such Content originated. We reserve the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available through the App. You understand by using the App you may be exposed to Content that is offensive, indecent or objectionable, and that you use the App Services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using the App Services and for any consequences thereof. You agree to use the App only for purposes that are legal, proper and in accordance with these terms and conditions and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts the App Services or servers or networks connected to the App Services.
If you are a minor under the age of 18, your parents are deemed to have read and agreed to the terms of this Mobile App Terms and Conditions and that you have brought this Mobile App Terms and Conditions to the attention of your parents.
If you violate any provision of this Mobile App Terms and Conditions, your right to use this App may be suspended and/or terminated at our sole discretion. Notwithstanding, we expressly reserves its right to block your access to or use of the App at any time without explanation if it genuinely believes that such action is reasonably required to protect its business.
Intellectual Property Rights
You acknowledge and agree that the App Services and any software used in connection with the App Services contain proprietary and confidential information that is protected by applicable intellectual property laws. You further acknowledge and agree that the Content contained in advertisements or presented to you through the App Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or other third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on such Content in whole or in part except as specifically authorized in a separate written agreement.
Unless stated otherwise, all trademarks, copyright, database rights, and other intellectual property rights of any nature in connection with the App Services together with the underlying software code are owned directly by us. All other trademarks not owned by us that appear in the App are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us.
PA Alliance hereby grants you a personal, non-transferable and non-exclusive right and licence to use the App in accordance with these terms and conditions.
Limitation of Liability
PA Alliance assumes no liability or responsibility for any errors, omissions, failures, delays or interruptions in connection with the App. In particular, you acknowledge that our operations could be subject to technical or other problems that are beyond our control, such as issues concerning the business or operation of any third party service provider.
In no event will PA Alliance, its shareholders, directors, officers, employees, agents, or consultants be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the App, loss of profit, tort (including negligence), product liability, or otherwise.
PA Alliance will not be liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the App.
Nothing in these terms and conditions shall exclude or limit PA Alliance’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under the applicable law.
To the extent permitted by law, our total aggregate liability to you under this Mobile App Terms and Conditions or in relation to your use of the App will not exceed HK$1000 with respect to your use of the App.
The App and the App Services are provided “as is” and “as available” without warranty of any kind. PA Alliance expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of the App.
In the event that it is demonstrated that you are below the age of 18 when entering into this Mobile App Terms and Conditions, we shall not be liable for any loss suffered by you arising out of the use of the App Services.
Indemnity
You shall indemnify and hold harmless PA Alliance, its shareholders, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, employees, and consultants from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions, or your violation of any laws, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Data Privacy
We collect, hold, use, process and transfer your data in accordance with the Privacy Notice.
Security
Whilst we have implemented commercially reasonable technical and organizational measures to secure your personal information from unauthorized use, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that you provide your personal information at your own risk.
Termination
You may discontinue your use of the App at any time and you agree that PA Alliance may also change or discontinue the App or any of the App Services at any time without prior notice. We reserve the right to terminate these terms and conditions for any reason, without notice, and these terms and conditions could be terminated by us at our sole discretion in the event that you violate any of the terms set out in this Mobile App Terms and Conditions. In the event of any termination, you must cease any use of the App immediately.
Choice of Law and Arbitration
This Mobile App Terms and Conditions shall be governed by the laws of Hong Kong without regard to conflict of laws principles.
Any dispute, controversy, difference or claim arising out of or relating to this Mobile App Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The arbitration shall be conducted by a sole arbitrator. Unless the parties agree otherwise, the arbitration shall be conducted in English. The arbitration award rendered by the arbitrator shall be final and binding on all the relevant parties.
General
If any court or competent authority decides that any of these terms and conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
Our failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
This Mobile App Terms and Conditions does not give rise to any rights of a third party under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any of these terms and conditions.
These terms and conditions set forth the entire understanding and agreement between you and PA Alliance with respect to your use of the App or the App Services.