Terms of Use
Kai Tak Sports Park Limited
1. General
1.1. Kai Tak Sports Park Limited (“KTSPL”) is the owner and operator of the Kai Tak Sports Park (“KTSP”) website (https://www.kaitaksportspark.com.hk and mobile application (collectively the “Site”). By using the Site on your digital devices, you agree to be bound by the terms of use of the Site (“Terms of Use”).
1.2. Upon completion of the account registration process and allocation of a User ID, you will become a member of the Friends of KTSP Membership Programme (“KTSPMP”), which is owned, operated and managed by KTSPL. The Terms of Use and KTSPL’s Privacy Policy Statement also apply to KTSPMP. You can view the Privacy Policy at https://www.kaitaksportspark.com.hk/privacyPolicy.
2. Features and Functions of the Site and KTSPMP
2.1. The Site is available for the public to use or (where applicable) install on their digital devices, but only users who have signed up as members of KTSPMP (“Members”) may log in and access the members-only features, including but not limited to those listed below:
(i) To update personal information and interests through the Site;
(ii) To view or edit their Member profile, activities, bookings and purchases;
(iii) To book facilities and programmes;
(iv) To link their accounts with “iAM Smart”, a digital services platform which is developed and operated by the Government of the Hong Kong Special Administrative Region (HKSAR) and is independent of KTSPL;
(v) To receive confirmations and reminders of bookings or other relevant information via push notifications, email or other forms of communication;
(vi) To check in for booked facilities and programmes; and
(vii) To view and to be informed of KTSP’s news, promotions and offers.
2.2. Technologies – KTSPL may use and/or adopt technologies whether now known or later developed which would help collect/ identify certain information about your device including but not limited to equipment identifier, device type/ manufacturer, Internet Protocol (IP) address, operating system type and version, network type and wireless carrier/ operator. KTSPL will use this information in the aggregate to improve our products and services and Site services. KTSPL may also use this information to provide push functions or any other functions including but not limited to the following:
(i) All Site users will be able to find general/ non-customized messages and content in relation to KTSP’s news, information, promotions and events;
(ii) Users who are Members will receive additional general messages receivable by and pertaining to Members only;
(iii) Users who are Members may further receive personalized messages in accordance with their spending habits or interests, which they can modify, add or delete by logging in their Members account.
2.3. KTSPL will only send direct marketing messages to Site users who have consented to the use of their personal data for direct marketing purposes. Members can withdraw their consent to receiving direct marketing messages from KTSPL by contacting KTSPL’s Personal Data Privacy Officer at [email protected] using the subject “Personal Data”.
3. Intellectual Property Rights
3.1. All content contained on the Site, such as text, graphics, images, photos, logos, trademarks, button icons, hyperlinks, audios, videos, data and software and the layout and design of the Site (“KTSP Content”), are the property of or licensed to KTSPL and are protected by laws governing intellectual property interests (“IP Laws”). Except for your own private personal non-commercial use in the ordinary course of browsing the Site and utilising the functions offered by the Site, you are not allowed to copy, reproduce, distribute, disseminate, make available, alter, modify, adapt, create any derivative works, publicly display, transmit or otherwise use any KTSP Content without the prior written consent from KTSPL. If you wish to use any content on the Site, please submit your enquiries or requests by emailing us at [email protected] under the subject “Intellectual Property”. We accept no liability in relation to its use.
3.2. If you violate this clause and/or any IP Laws, KTSPL reserves the right to revoke its permission for you to use the Site in addition to exercising any rights available or reserved under the IP Laws. Further, you must also destroy any copies you have made of the KTSP Content immediately or deal with the same in accordance with KTSPL’s directions or instructions. If you have any doubt on whether your work has been copied from and used on the Site in a way that constitutes copyright infringement, please contact KTSPL at [email protected] using the subject “Intellectual Property”.
4. Personal Data Protection
4.1. KTSPL commits to protecting your personal data. In order to provide goods and services to you and facilitate the operation of the Site, KTSPL gathers certain personal information that you provide to KTSP through the Site. KTSPL will handle all personal data in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of the HKSAR) and other applicable laws, the Privacy Policy Statement and the relevant Personal Information Collection Statement of KTSPL. Please refer to KTSPL’s Privacy Policy Statement which outlines KTSPL’s policies in relation to the collection, use, access, transfer, retention, security and processing of the personal data obtained.
5. Availability
5.1. The Site is available for use provided that the user’s device is connected to the Internet. While KTSPL will use reasonable efforts to enable availability of the Site, the quality and availability of the Site may be affected by factors outside KTSPL’s reasonable control.
5.2. KTSPL does not accept any responsibility whatsoever for unavailability of the Site, or any difficulty or inability to download, upload or access content or any other communication system failure which may result in the Site being unavailable. Please refer to the Disclaimer on the Site for more information.
6. System Requirements
6.1. In order to use the Site, users will need access to the Internet and a compatible digital device, such as a computer, a mobile or a tablet. KTSPL will not be liable if the systems go offline or fail for any reason, or for any incompatibility of the Site with any of your equipment, software or telecommunications systems.
6.2. Language supported: English, Traditional Chinese, and Simplified Chinese.
7. Governing Law
7.1. The Terms of Use shall be governed by and construed in accordance with the laws of the HKSAR. You agree to submit to the exclusive jurisdiction of the courts of the HKSAR.
8. Termination
8.1. KTSPL may terminate your use of the Site at any time, including if KTSPL considers or suspects that you are in breach of the Terms of Use. KTSPL reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
8.2. When KTSPL exercises its right of termination, the rights and licenses granted to users of the Site herein shall terminate and users must cease any use of the Site immediately.
9. Exclusion of Liability
9.1. The Disclaimer on the Site is incorporated as an integral part of the Terms of Use.
9.2. KTSPL shall not be liable to you for any damage or alteration to your electronic equipment including but not limited to computers, mobile devices or tablets as a result of the installation or use of the Site.
9.3. Nothing in the Terms of Use shall exclude or limit the liability of KTSPL for death or personal injury caused by negligence or any liability caused by fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under the laws of the HKSAR.
9.4. Except as required by the Laws of the HKSAR, this exclusion of liability clause shall take effect to the fullest extent. KTSPL reserves all of its rights, inclusive of those that are not expressly covered in the Terms of Use.
10. Miscellaneous
10.1. Right to Transfer – KTSPL is entitled to transfer, assign, charge, sub-contract or otherwise dispose of any of the rights or obligations under the Terms of Use as KTSPL may at its sole discretion think fit at any time without any prior notice to users.
10.2. Right to Amend – KTSPL is entitled to revise and amend the Terms of Use from time to time without any prior notice. KTSPL will post the most recent version of the Terms of Use on the Site. By continuing to use and access the Site, you signify your agreement, without limitation or qualification, to be bound by the amended Terms of Use.
10.3. Right to Interpret – The right to interpret the Terms of Use is vested in KTSPL. In case of any disputes, the decision of KTSPL shall be final and binding on all parties concerned.
10.4. English Version Prevails – In case of discrepancies between the English version and any translation of the Terms of Use, the English version prevails.
10.5. Entire Agreement – The Terms of Use and any provisions or documents expressly referred to herein constitute the entire agreement between KTSPL and the Site users. These Terms of Use supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreements between KTSPL and a Site user relating to their subject matter.
Last Updated: 3 Dec 2024