1. DEFINITIONS
The following words have the following meanings in these Terms and Conditions:
"Applicable Laws" means all or any statute, ordinance, rule, regulation, including the rules of any recognized stock exchange, order, decree, directive, requirement, code, notice or rule of common law, now or in the future in effect, and in each case as amended or re-enacted from time to time, and legislation supplemental to it, and any judicial or administrative interpretation of it by a governmental authority or otherwise, including any judicial or administrative order, determination, consent, decree or judgment of and in Hong Kong;
"USRC Club App" means the United Services Recreation Club Mobile Application operated by us;
"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials displayed on or available through the USRC Club App;
"Facilities and Services" means any facilities and services which may from time to time be available to be ordered, booked, requested, or cancelled via the USRC Club App;
"Terms and Conditions" means these terms and conditions as amended from time to time and posted on the USRC Club App;
"user" means any person who access the USRC Club App;
"we", "our" or "us" means United Services Recreation Club;
"you" or "your" means users of United Services Recreation Club App.
2. SERVICES
The purposes and functions of the USRC Club App include (without limitation) for:
3. REGISTRATION AND USE OF THE USRC CLUB APP
To enable us to provide you the Facilities and Services available on the USRC Club App, you are required to register online and indicate your acceptance of these Terms and Conditions.
You are responsible for the security of your password and we shall not be liable in the event that your password is disclosed, whether intentionally or not, so as to allow a third party access to your account to make transactions. In all circumstances, you shall be liable for all transactions made through your account.
The USRC Club App is currently made available to you free of charge for your own personal and non-commercial use (though there may be charges for the Facilities and Services offered therein).
4. DATA PRIVACY
Please review our privacy policy statement for more information.
5. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and us concerning your use of the USRC Club App.
6. COVENANTS
You agree to use the USRC Club App for your own personal and non-commercial use only and you are solely responsible for all Content whether publicly posted or privately transmitted by you in or through the USRC Club App.
As a condition of your use of the USRC Club App, you agree that you will not use the USRC Club App for any purpose that is unlawful or prohibited by any Applicable Laws or these Terms and Conditions and notices contained herein. Without limiting the generality of the foregoing, you further agree not to:
We reserve the rights from time to time, without notice, to observe and record your access to and use of the USRC Club App to determine if you are complying with these Terms and Conditions.
7. MONITORING
We do not actively monitor the Content submitted, posted, transmitted or sent by users to, on or through the USRC Club App or guarantee the accuracy, integrity or quality of such Content. However, we will consider complaints concerning inappropriate Content on the USRC Club App, but we do not guarantee that we will take any action in respect of the same. Furthermore, we reserve the right to remove or withhold, without warning, any Content from the USRC Club App or any link to any website which we consider appropriate in our sole discretion. Under no circumstances will we be liable in any way for any Content, including, but not limited to, 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, emailed or otherwise transmitted via the USRC Club App.
8. LINKS TO THIRD PARTY WEBSITES
We may provide links to other sites or resources, including, but not limited to, Facilities and Services offered through the USRC Club App but provided by third parties ("Linked Site(s)"). We have no control over the Linked Sites and we are not responsible for the content of any Linked Site or any links contained in a Linked Site, or any changes or updates to such sites, or any Facilities and Services provided by third parties. We do not monitor the contents of the Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not constitute any endorsement, approval or any form of association by us of the Linked Site, its operator or the Facilities and Services offered therein. You agree that we shall not be responsible or liable for any loss, liability or damage of any kind incurred as a result of the use of the goods or services or the content of any Linked Site.
9. DISCLAIMERS & LIMITATION OF LIABILITY
The USRC Club app is provided by us on an "as is" and "as available" basis. neither we nor our affiliates make any representations or warranties of any kind (whether express, implied, statutory or otherwise) as to the operation of the USRC Club app or the accuracy, adequacy or completeness of the content or facilities and services included on the USRC Club app. information provided in the USRC Club app is for reference only. to the full extent permissible by applicable law, we and our affiliates disclaim all representations and warranties (whether express, implied, statutory or otherwise), including, but not limited to any representations or warranties as to:
For the avoidance of doubt, you agree that we shall not be liable for the provision of any products and services included on the USRC Club app by our affiliates or any third parties. any use of the products and services as provided by our affiliates or any third parties shall constitute a separate contract as between you and such affiliates or third parties, and they will provide separate terms and conditions in relation to their provision of their products and services to you, and otherwise in relation to their engagement with you.
Without limiting any exclusion specifically provided for in these Terms and Conditions we shall in no event be liable for any costs, damages or liability for:
You will exercise and rely solely on your own judgment in using the USRC Club App or ordering, booking or requesting the Facilities and Services, whether from us, our Affiliates, or any third parties.
10. INTELLECTUAL PROPERTY
The USRC Club App together with all Content made available as part of USRC Club App is our property or is licensed by us and is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. You may only download such part of the Content as is expressly permitted to be downloaded from USRC Club App for the use specified and for your own personal and non-commercial use only. You have no rights in or to the Content and you will not use the Content, except as permitted under these Terms and Conditions.
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 will 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.
You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") in connection with USRC Club App 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.
11. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings you may have with any advertiser on USRC Club App 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, are 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.
12. INDEMNITY
To the maximum extent permissible by Applicable Law, you agree to indemnify and hold us and our Affiliates, licensors, officers, directors, agents, representatives, employees and any third party information providers, harmless from and against any losses, claims, liabilities, damages, actions, demands, costs and expenses (including all legal fees), incurred or suffered by us in connection with or arising from your breach of these Terms and Conditions and/or your use of USRC Club App or the Products and Services offered therein. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume exclusive defence and control of any such claim or action.
13. LEGAL COMPLIANCE
You shall comply with all Applicable Laws regarding your use of USRC Club App. We recommend that you seek legal advice on your own account if you are not sure what Applicable Laws comprise.
14. TERMINATION
Without prejudice to any other rights we may have, we may terminate your use of and access to any part or all of USRC Club App or any related service(s) at any time with immediate effect without any notice and in our sole discretion for any reason, including without limitation:
Upon termination, you must destroy all material obtained from USRC Club App and any copies thereof. If you wish to terminate your use of part or all of USRC Club App, your only recourse is to discontinue the use of USRC Club App.
15. MODIFICATIONS TO TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions or any policies regarding the use of USRC Club App at any time and to notify you by posting an updated version thereof on USRC Club App. You are advised to regularly review these Terms and Conditions and the applicable policies. Your continued use of USRC Club App after any such posting of the revised Terms and Conditions or policies amounts to your conclusive acceptance of such revised Terms and Conditions or policies. If any such revision is unacceptable to you, you must terminate use of USRC Club App immediately. We reserve the right to interpret these Terms and Conditions and decide on any questions or disputes arising under these Terms and Conditions. You agree that all such interpretations and decisions shall be final and conclusive, and binding on you as a user of USRC Club App.
16. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, USRC Club App (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of USRC Club App or any part thereof.
USRC Club App (excluding Linked Sites) is hosted by us from our office in Hong Kong. By accessing USRC Club App, you agree that these Terms and Conditions shall be governed by and construed in accordance with 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.
18. NO AGENCY
You and we are independent, and no agency, partnership, joint venture, trustee, beneficiary, employee-employer or franchiser-franchisee relationship is intended or created by your use of USRC Club App.
19. SYSTEM AVAILABILITY
We do not guarantee uninterrupted, continuous or secure access to USRC Club App. Part or the entire USRC Club App may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruptions, Internet access downtime and other technical problems beyond our control for which we cannot and shall not be held responsible. You agree that your use of USRC Club App is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use USRC Club App for any reason whatsoever. We reserve the right to take any part or all of USRC Club App offline for various reasons including urgent system maintenance or upgrading, in which case we will try to give you notice in advance if possible.
You acknowledge that the terms of any agreement with your respective mobile network provider ("Mobile Network Provider") will continue to apply when using the USRC Club App. As a result, you may be charged by your Mobile Network Provider for access to network connection services for the duration of the connection while accessing the USRC Club App or any such third party charges as may arise. You accept responsibility for any such charges that arise.
The USRC Club App is available to handheld mobile devices running Apple iOS or Android Operating Systems. In order to use the USRC Club App, you are required to have a compatible mobile smartphone or handheld device, Internet access, and the necessary minimum specifications ("Software Requirements"). If your device cannot meet the Software Requirements required by the USRC Club App, you may not be able to access the USRC Club App. We shall not be liable for your inability to access the USRC Club App as a result of not meeting the Software Requirements.
20. PARTIAL INVALIDITY
The illegality, invalidity or unenforceability of any provision of these Terms and Conditions 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 provision.
21. WAIVER
No waiver of any breach under these terms of use will amount to a waiver of any other breach. No failure or delay by us to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Privacy Policy
The United Services Recreation Club ("the Club") is committed to protecting the privacy of our members (“Members”), members’ guests and temporary members. We pledge to comply with the requirements under the Personal Data (Privacy) Ordinance (Cap. 486, Laws of Hong Kong) (the "Ordinance"). In doing so, we will ensure compliance with the standards and practices in relation to collection, use, sharing and protection of personal data as set out in this policy (the "Privacy Policy").
Personal data is defined in the Ordinance to mean any data relating directly or indirectly to a living individual; from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and in a form in which access to or processing of the data is practicable.
Types of Information Collected
When using the functionalities of our mobile app, you may be required to provide certain personal data, including without limitation your name, email address, mailing address, phone number and membership number. Such collection of personal data enables us to provide you with more efficient Member service in relation to, for example, membership verification, processing of membership, Club events and facilities, and other general inquiries and processing of your transactions through our mobile app.
Purpose of Collection
The personal data we collect is primarily intended to offer better Member service and to improve communications.
CCTV at Club Premises
The Club conducts CCTV monitoring at its premises for the purpose of maintaining security within the premises and crime investigation, and may collect personal information including your appearances and movements. Our CCTVs are positioned and operated in a way to prevent unnecessary intrusion into your privacy. Notices are affixed at appropriate locations within or around the Club’s premises so that you will be aware of any monitoring.
Photo-taking
During our Member programmes and events, our staff may take pictures of you and may publish them (with or without captions which may also include personal data) on the Club’s social media and/or communications for Club marketing or promotional purposes.
Club Communications
For the purpose of the Club’s marketing and promotion, we may from time to time send you through email or mailing address provided to us for various communications, including without limitation newsletters, event notices and Club announcements. Where consent is required from you under the Ordinance or any other applicable law for sending of any such communication, we would obtain the same before sending. If you do not wish to receive the Club’s marketing and promotional materials, you may unsubscribe to such communications through the method stated in each of these communications.
Data Transfer
All personal data provided to and held by the Club would be kept confidential provided that, from time to time, we may disclose or transfer such personal data for the purpose of carrying on the Club’s businesses and operations and/or providing you with services or benefits of the Club and/or for any of the aforementioned purposes (or any directly related purpose) to the Club’s agent, contractor or third party service provider who provides administrative, telecommunications, computer, payment marketing, research or other data processing services to the Club in connection with its operation or provision of services.
Data Retention
We only retain personal data collected for such period as may be necessary for the fulfilment of the purpose (and any directly related purpose) for which such personal data is or is to be used. If any personal data is no longer required, we would take all practicable steps to ensure erasure of the same, unless any such erasure is prohibited under any law or it is in the public interest not to have the data erased.
Data Security
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of Personal Information provided to us. We will store all Personal Information provided to us on our secure (password- and firewall-protected) servers. You are responsible for keeping your password and other login details confidential.
Whilst we have security processes in place to help protect your Personal Information and to prevent unauthorised access to and use of your Personal Information, you acknowledge that Personal Information that is transmitted over the internet is inherently insecure. We shall not be responsible for any loss, alteration, misuse or disclosure of personal data arising from the said reasons or in connection with any dishonest or malicious actions. In this context, you are specifically reminded of the following personal data risks:
*Fraudulent Schemes: The Club’s name may be used in connection with various fraudulent schemes, including without limitation, fraudulent or “phishing” emails, fraudulent domain names or impersonating phone calls. Please note that the Club will never through emails or phone calls request for your passwords, credit card credentials or full personal identification numbers. We recommend that you do not reply or click on any hyperlinks or provide any personal information to the sending party if you suspect that any communication purportedly originated from the Club is fraudulent, and report the matter to the relevant local authority.
*Unsecure Communication: Please note that there is security risk inherent in the use of email communication and transmission of information over the Internet. We recommend that you do not include any sensitive information including credit card credentials when communicating with or sending forms to us by email, for example, from the “Contact Us” section of our website.
Updates to this Privacy Policy
Efforts to bring new services, ideas, and partners to benefit our Members may make it necessary to amend this Privacy Policy from time to time. Whenever such amendment occurs, we will post the revised Privacy Policy on our mobile app so that you are always informed of the Club’s personal data policies and practices. Any revised Privacy Policy will take effect immediately upon posting on the Club’s app or upon notification of Members, thereby replacing any previously stated Privacy Policy.
Notification of Data Breach
In the unlikely event of a data breach, we will comply with any applicable laws and regulations which would require us to notify you of the disclosure of personal data.
Contact USRC
In accordance with the Ordinance, you are entitled to access your personal data collected and held by the Club and correct any inaccuracies in such data. All requests for access to or correction of personal data should be directed to our membership department at membership2@usrc.org.hk. The Club shall not charge any fee if not permitted by applicable law.
Consent
By using the app service provided by the Club, you consent to your personal data be used in the manner set out above. You further consent to the Club using your personal data for the purposes as stated and for any directly related purpose. If you are at any time requested to supply personal data about any third party, you are requested to pass a copy of this Privacy Policy to the relevant third party so that he/she is aware of his/her rights under the Ordinance. If consent from such third party is required under the Ordinance or any applicable law, you should also obtain his/her consent before he/she supplies any such personal data.