D·PARK Mobile App Terms of Use 

 

1. General

Discovery Park Commercial Services Limited (“DPCSL”) is the owner, operator and personal data owner of the “D·PARK” Mobile App (“the App”). By installing the App on your mobile device(s), you agree to be bound by the HK “D·PARK” App Terms of Use & Privacy Policy (“these Terms”).

 

2. DP Club Program Terms and Conditions

The DP Club Program Terms and Conditions  (“DP Club T&C”) and DP Club Personal Information Collection Statement shall continue to apply to DP Club Members (as defined under the DP Club T&C) who have installed the App. You can view the DP Club T&C and DP Club Personal Information Collection Statement at DP Club’s website at https://www.dpark.com.hk/ (“D·PARK Website”).

 

3. Features and Functions of the App

 

3.1 The App is available for the public to install, but only DP Club Members may log in and access the members-only features including but not limited to those listed below with their DP Club login and password:

  1. To act as an e-membership card;
  2. To update DP Club Member’s personal information through the App;
  3. To view DP Club Member’s DP Club Points (as defined under the DP Club T&C) earning and redemption records;
  4. To register DP Club Points with the App; and
  5. To view and to be informed of DP Club promotions and offers highlights
  6. To purchase tickets for event(s)

 

3.2 Technologies - DPCSL will use and/or adopt technologies of any kind whatsoever whether now known or later developed which would collect / identify certain information about your mobile device including but not limited to equipment identifier, device type / manufacturer, Internet Protocol (IP) address, operating system type and version, network type, wireless carrier / operator. DPCSL will use these information in the aggregate to improve our products and services and to provide the most effective App services in different locations, devices, connectivity and situation. DPCSL will also use these information to provide the push functions of the App or any other functions of any kind whatsoever whether now known or later developed and/or deems fit or applicable by DPCSL including but not limited to the following:- (a) All App users (DP Club Members or not) will receive general / non-customized messages in relation to DPCSL’s shopping malls, products and services. (b) App users who are DP Club Members will receive additional general messages receivable by and pertaining to DP Club Members only. (c) App users who are DP Club Members may further receive personalized messages in accordance with the spending habits or interests of a specific DP Club Member.

 

3.3 DPCSL will only send messages to App users provided that the App user has consented to the use of his/her personal data for direct marketing purpose. App users can also opt out from receiving direct marketing messages from the App by changing the setting in the mobile device or contacting DPCSL’s Personal Data Privacy Officer by reference to paragraph 5.5 below.

 

4. Intellectual Property Right

 

4.1 All contents of the App, such as text, graphics, images, photos, logos, trademarks, button icons, hyperlinks, audio, video, data and software (“App Contents”), are the property of DPCSL  and are protected by laws governing intellectual property interests applicable to Hong Kong Special Administrative Region (“Hong Kong IP Laws”) as is the case for the compilation (meaning the collection, arrangement, and assembly) of App Contents on the App which is  DPCSL ’s exclusive property. Except for your own private personal non-commercial use, you are not allowed to copy, reproduce, alter, modify, create any derivative works, or to publicly display any App Contents without the prior express written consent from  DPCSL. If you wish to use App Contents provided on the App, please submit your enquiries or requests to  DPCSL’s Personal Data Privacy Officer by reference to paragraph 5.5 below.

 

4.2 If you violate this clause and/or Hong Kong IP Laws,  DPCSL reserves the right to revoke its permission to use the App in addition to exercising any rights available or reserved under the Hong Kong IP laws. Further, you must also destroy any copies you have made of the contents of the App immediately or deal with the same in accordance with  DPCSL’s directions or instructions. If you have any doubt on whether your work has been copied from and used on the App in a way that constitutes copyright infringement, please contact  DPCSL’s Personal Data Privacy Officer by reference to paragraph 5.5 below.

 

5. Personal Data Protection

 

5.1  DPCSL commits to protect the privacy of your personal data and information. In order to provide services to you and facilitate the operation of the App,  DPCSL gathers certain personal information that you provide to  DPCSL through the App.  DPCSL will deal with all personal data it has obtained in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) of the Laws of Hong Kong, the Privacy Policy and Personal Data Collection Statement of  DPCSL. Please refer to  DPCSL’s Privacy Policy Statement and Personal Information Collection Statement which set forth  DPCSL’s policies for the collection, usage and disclosure of personal data obtained from the App.

 

5.2 Purpose and Use - The personal data collected from an App User by  DPCSL will be used for daily operation; administration of membership accounts and records; research and development; advertising, marketing, public relations and direct marketing (including joint marketing); communicating news and information; identification; processing of purchase orders; provision of goods, services, benefits, offers and promotions or others tailored to needs; fundraising; information and database administration; and other purposes in connection with or incidental to the aforesaid. Furthermore,  DPCSL will use your personal information (e.g. your name, telephone number, mailing address, email address and physical location) for direct marketing of our events, services and products that you may be interested in, but DPCSL  cannot so use your personal data without your consent. Should you find the use of your personal information unacceptable, please indicate your objection by ticking the box at the bottom of these Terms.

 

5.3 Transfer and Disclosure -  DPCSL may share the personal data with or transfer the same to any third parties (within Hong Kong or Mainland China), including but not limited to K11 Group Limited and New World Development Company Limited, Chow Tai Fook Jewellery Group Limited, their respective holding companies, associated companies, fellow subsidiaries and any company in which any of the above has any interest (collectively “New World Group”) and the business associates, partners, agents, contractors, suppliers and providers of DPCSL for the purposes specified in sub-clause 2 of this clause.

 

5.4 Access and Correction of Information – A Member may:

(a) access and modify his/her personal data held by  DPCSL (if any) by logging in the Members-only features of the App; or

(b) access and modify his/her personal data through DPCSL  and  DPCSL may charge a reasonable fee for processing a data access request of a Member.

5.5 Enquiries - If a Member has any questions or wishes to access or correct his/her personal data held by DPCSL, please contact  DPCSL’s Personal Data Privacy Officer at:

 

Discovery Park Commercial Services Limited 4th Floor, Tsim Sha Tsui Centre,

66 Mody Road, Tsim Sha Tsui East,

Kowloon, Hong Kong

 

Attention:

Legal Department

Personal Data Privacy Officer

(Marked Confidential)

 

5.6 Security - The physical records of the personal data of a Member will be stored in secured places with restricted access. The electronic records of the personal data of a Member will be stored in the servers of  DPCSL located in secured places. Only authorized personnel of DPCSL will have access to these records and servers.

 

6. Availability

6.1 This App is available to mobile devices running Apple iOS and Android OS operating systems.  DPCSL will use reasonable efforts to enable availability of the App at all times. You acknowledge that functions and features of the App will only be available when your mobile device is connected to the Internet, mobile networks, WiFi and/or bluetooth network. Accordingly, the quality and availability of the App may be affected by factors outside DPCSL’s reasonable control.

 

6.2 DPCSL and the New World Group of companies, officers, employees, agent, or sub-contractors do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download, upload or access content or any other communication system failure which may result in the App being unavailable.

 

6.3 DPCSL will not be responsible for any support or maintenance of the App.

 

7. System Requirements

7.1 In order to use the App, a compatible mobile device, such as mobile phone, ipad, or tablet computer, access to the Internet, WiFi and bluetooth are required. Your mobile device should also fulfill the necessary Software Requirements.

 

7.2 Language support: English, Traditional Chinese and Simplified Chinese

 

7.3 The version of the App software may be upgraded from time to time to facilitate App users’ experience and to provide new functions, features and services.

 

8. Governing Law

These Terms shall be governed by the laws of Hong Kong Special Administrative Region (“HKSAR”) and shall be subject to non-exclusive jurisdiction of the courts of HKSAR.

 

9. Termination of Use

DPCSL may terminate the use of the App at any time. When DPCSL exercises its right of termination, the rights and licenses granted to App users herein shall terminate and App users must cease any use of the App.

 

10. Exclusion of Liability

 

10.1 In no events shall DPCSL and the New World Group of companies, its or their officers, employees and/or agents be responsible to you for any direct, indirect, incidental, special, punitive, exemplary or consequential loss or damage whatsoever arising out of your use or access to the App (including information and material contained therein) whether based on warranty, contract, tort or product liability.

 

10.2 DPCSL shall not be liable to you for any damage or alteration to your electronic equipment including but not limited to computer equipment, mobile device or iPad or tablet as a result of the installation or use of the App.

 

10.3 Nothing in these terms shall exclude or limit the liability of DPCSL or the New World Group of companies 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 HKSAR.

 

10.4 Except as required by the laws of HKSAR, this exclusion of liability clause shall take effect to the fullest extent. DPCSL and the New World Group of companies reserve all rights that are not expressly covered in these Terms.

 

11. Miscellaneous

 

11.1 Right to Transfer – DPCSL is entitled to transfer, assign, charge, sub-contract or otherwise dispose of any of the rights or obligations under these Terms and the App on such terms and conditions as DPCSL may at its sole discretion think fit at any time without any prior notice to the Member.

 

11.2 Right to Amend - DPCSL is entitled to revise and amend these Terms from time to time without any prior notice.

 

11.3 Right to Interpret - The right to interpret these Terms is vested in DPCSL. In case of any disputes, the decision of DPCSL shall be final and binding on all parties concerned.

 

11.4 English Version Prevails - These Terms are written in English. In case of discrepancies between the English version and any translation of these Terms, the English version prevails.

 

11.5 Entire Agreement - These Terms and any provisions or documents expressly referred to herein constitute the entire agreement between DPCSL and an App user (including a Member and non-member) and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between DPCSL and an App user relating to the subject matter.

 

Updated: 3 October 2019