Terms and Conditions

For Using Mobile and Web Applications “CITY IN TIME”

Consent

  1. By downloading, installing, accessing or using all or any part of the CITY IN TIME mobile application (“the Mobile App”) and/or its web application (“the Web App”) (the Mobile App and the Web App collectively “the Apps”), you acknowledge and agree to accept all of our terms, conditions and privacy policies below and/or otherwise contained or referenced in the Apps (“these Terms and Conditions”). If you do not agree to these Terms and Conditions, please do not download, install, access or use all or any part of the Apps.
  2. You also acknowledge and agree that we may revise these Terms and Conditions at any time, in our sole discretion; that all modifications to these Terms and Conditions will be effective immediately upon our posting of the modifications on the Apps or such other time specified by us; and that you will consider, review and read these Terms and Conditions each time you access the Apps. If you continue to use the Apps, you are taken to have agreed to the revised Terms and Conditions. If you do not agree with any such changes or modifications, you should discontinue the use of the Apps and uninstall the Mobile App from your mobile device (if any).
  3. You acknowledge and agree that the Apps and the Materials (as defined below) are intended for presentation, promotion and/or operation of the CITY IN TIME project only.

Licence and Use of the Apps

  1. You acknowledge and agree that all materials, including, without limitation, content, data, software, images, information, services, contained on or provided through the Apps (“the Materials”), are protected by copyright, trademark, service mark, patent, trade secret, or other proprietary rights or laws; that except as specifically permitted, any use, exhibit, disposal, modification, copying, distribution of the Materials is strictly prohibited.
  2. Except as expressly permitted in these Terms and Conditions or under applicable law or if we and/or the applicable copyrights holder(s) give you prior written permission, you may not (a) modify, print, copy, reproduce, download, transmit, distribute, publicly display, publicly perform, publish, edit, adapt, compile, or create derivative works from any materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories); (b) transfer, sell, license, lend, rent the Apps to any third party; (c) reverse engineer, decompile, or disassemble the Apps? (d) make the functionality of the Apps available to multiple users through any means; and (e) use any unauthorised third party software that intercepts or otherwise collects information from or through the Apps.
  3. Except if you are given prior written permission, use of any engines, software, spiders, robots, avatars, agents, tools, or other devices or mechanisms to intervene, disturb, interfere with the Apps is strictly prohibited. Notwithstanding the foregoing, you may download or print single copy of the Materials for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
  4. You have no intellectual property rights associated with or subsisting in the Apps (including without limitation any rights to use the trademarks, trade names, logos, domain names, and other distinctive features), and we reserve all rights to the Apps except a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to you to download and install a copy of the Mobile App on a mobile device and to run such copy of the Mobile App solely for your own personal non-commercial purposes.
  5. You must comply with all applicable copyright and other intellectual property right laws when using the Apps.
  6. As part of the Mobile App, you may receive push notifications sent to you within the Mobile App, which you may control in your mobile device’s or Mobile App’s settings. When using the Apps, you may incur fees and charges for internet connection or telecommunication transmission. Similar fees and charges may also be incurred when any file is delivered to your device to patch, update or otherwise modify the Apps. You agree to be responsible for all such fees and charges.

Terminate

  1. You acknowledge and agree that we, in our sole and absolute discretion, at any time and with or without notice, may block or terminate your or any other party’s access to all or part of the Apps or any of the Materials, or change or discontinue or remove any aspect or feature of the Apps or any of the Materials (including, without limitation, suspending or discontinuing the Apps in its entirety); and that we will not be liable to you or any third party for taking any of these actions.
  2. Without limitation of any other provisions of this agreement, we reserve the right to take any actions at law or in equity that we deem appropriate in connection with the Apps, the Materials and these Terms and Conditions concerning all matters including your failure to comply with these Terms and Conditions; any suspicion of fraud, cheating, or misuse by you of the Apps and/or any of the Materials; or any suspicious unlawful activity associated with your use of the Apps.
  3. These Terms and Conditions will remain binding on you until you cease to use the Apps, and have irretrievably erased, deleted or destroyed the Mobile App and all information, files, code or other content delivered to you through the Apps, whereupon the limited, non-exclusive license granted to you above will immediately terminate.? The occurrence of such event shall not prejudice or affect any right, action or remedy that may have accrued to us prior to the occurrence of such event.

Personal Data Collection

    1. You acknowledge and agree that, the use and access to the Apps will involve collection of data including your physical location, duration of your stay at each location, the time and frequency of your accessing the Apps and any other data and information which you and/or your device allow the Apps to share and/or access to. Such data and/or information collected by us will be depersonalise and used solely for statistics purposes, operation, analysis, maintenance and modification of the Apps only.

Physical Location Information 

GPS Navigation Maps will never obtain and upload any of the user’s personal data. Current location will be obtained on users’ permission and used for showing on live map only. 

Social Media Accounts Information 

The Apps allow the users to share our content to the social media platforms. We only have a typical administrative control over the personal data processed by us via our own company profiles. We assume that by using these social media platforms, you understand that your personal data might be processed for other purposes and that your personal data might by transferred to other third countries and third parties by providers of social media platforms. This information is not saved on our servers or we will not share it with any third parties image. 

Information – AR function and Camera Capture

By enabling the camera function, you understand and agree that we will only use it to collect information from your device’s camera in order to activate and deliver the AR experience and image-taking functions such as the in-app camera and effects. This information is processed in real time for delivering and improving the Apps’ AR features. This information is not saved on our servers or shared with any third parties.In order for the users to be able to share the images taken using the Web App, we will store the images in the Amazon S3 server of Amazon Web Services (“AWS”) for 1 month, after which the images would be deleted automatically. Neither we or the Amazon S3 server would share the images with any third parties.For details, please refer to the following 

AWS’s Terms and Condition: https://aws.amazon.com/terms/?nc1=f_pr
AWS’s Privacy Notice: https://aws.amazon.com/privacy/

Other Information 

We may also collect other information which is not related to your identity. For example, we may collect information on the type and version number of your operating system to better understand system upgrades, we may collect information on your system language for the purpose of language adaptation, and we may collect your App list to understand user preferences. The collection of such information would be for improving our services provided to you.The Apps use third party services including the following and users are reminded to refer to their privacy policies for details: 

      1. Vuforia SDK: https://developer.vuforia.com/legal/vuforia-7-statistics
      2. Utility3D: https://unity3d.com/legal/privacy-policy
      3. Mapbox: https://www.mapbox.com/legal/privacy
      4. Unity Analytics: https://docs.unity3d.com/Manual/UnityAnalyticsDataPrivacy.html
      5. WordPress and plugins: https://wordpress.org/about/privacy/
      6. Amazon S3: https://aws.amazon.com/privacy/
      7. Google Analytics: https://policies.google.com/privacy?hl=en

The third parties may collect user information including IP address and MAC address, etc, for statistics and analysis purposes.

  1. In compliance with the Personal Data (Privacy) Ordinance (“the Ordinance”), every user has the right:
    1. to check whether we hold personal data about him/her and to have access to such personal data;
    2. to access to any personal data relating to him/her held by us;
    3. require us to correct any personal data relating to him/her which are inaccurate; and
    4. to ascertain our policies and practices in relation to personal data and to be informed of the kind of personal data held by us.
  1. In accordance with the Ordinance, we will charge a reasonable fee for processing any personal data access and/ or correction request.
  2. The person to whom (i) requests for access to personal data or correction of personal data or for information regarding our Personal Data policy and kinds of data held; and (ii) consents, objections and/or opt-outs in relation to the use/provision of personal data shall be addressed to Duty Officer by emailing to privacy@cityintime.hk.

Limited Liability

  1. You acknowledge and agree that use of the Apps and the Materials are at your own risk, and are provided on “as is” and “as available” basis. We do not make any express or implied warranties, representations or endorsements of any kind with regard to the accuracy, performance of the Apps or any of the Materials and in particular, we do not warrant or represent that the Apps or any of the Materials will be accurate, reliable, correct, useful, timely, uninterrupted, secure, defect-free or error-free (including, without limitation, free from viruses, worms, other malicious code or other harmful components). In jurisdictions not allowing the exclusion or limitation of certain warranties, our and our subsidiaries’, affiliates’, licensors’ and suppliers’ liability will be limited to the extent permitted by law.
  2. You acknowledge and agree that in no event will we and/or our presenters, organisers, sponsors, supporters, subsidiaries, affiliates, licensors and/or suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages relating to the use, misuse or inability to use the Apps or any of the Materials (whether based on contract, tort, negligence, strict liability or otherwise); and that if you are dissatisfied with, or claim any damages relating to, any portion of this Apps, any of the Materials or these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Apps and any of the Materials. In jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, our liability will be limited to the extent permitted by law.
  3. You acknowledge and agree that you will indemnify and hold harmless us and our presenters, organisers, sponsors, supporters, subsidiaries, successors, assigns, affiliates, licensors and suppliers, together with all of their respective officers, directors, employees, agents and consultants, against any and all claims, damages, losses, liabilities, judgments, costs and expenses (including reasonable legal fees and costs) relating to your use, misuse or inability to use the Apps or any of the Materials, or to your violation of these Terms and Conditions, any laws, rules or regulations, or any rights of any third parties; that we reserve the right to exclusively defend and control any such indemnification matters; and that you will fully cooperate with us in any such defences.
  4. You agree that your use of the Apps is at your own risk, and that you will not use the Apps to violate any applicable laws, regulations, policies, or instructions as outlined in these Terms and Conditions.
  5. You also acknowledge and agree that, unless we specifically provide otherwise, any links on this Apps to other websites or materials do not imply our endorsement of such websites or materials or that we have any association whatsoever with the operators of such materials; that such websites or materials are not under our control; and that we are not responsible for any materials (including, without limitation, any content, data, software, information, products or services) contained on or provided through such websites or materials, or the appropriateness, decency, legality, copyright compliance, accuracy or any other aspect of such websites or materials.

Jurisdiction

  1. You acknowledge and agree that if you are located in any jurisdiction in the world where any common, statutory, regulatory, codified or other law, rule or regulation makes accessing the Apps or any of the Materials inappropriate or illegal, or subject to consents or permissions that you yourself have not obtained, or voids these Terms and Conditions in whole or in part, then you are not authorised to access the Apps or any of the Materials.
  2. You also acknowledge and agree that these Terms and Conditions shall be governed and construed by the laws of the Hong Kong Special Administrative Region and that Hong Kong Courts shall have the exclusive jurisdiction for all claims, actions, complaints relating to your use, misuse or inability to use this Apps or any of the Materials, or to this Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of Hong Kong Courts for the purpose of litigating any such claim or action; and that you irrevocably waive any jurisdictional, venue or inconvenient forum objections to the Hong Kong Courts.
  3. You acknowledge and agree that these Terms and Conditions may not be modified, in whole or in part, except by us and as otherwise might be specifically described elsewhere in these Terms and Conditions; and that anything contained on or provided through the Apps that is inconsistent with or conflicts with these Terms and Conditions is superseded by these Terms and Conditions.
  4. You agree that in conjunction with your use of the Apps, you will maintain safe and appropriate contact with other Apps users and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of the Apps, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

General

  1. These Terms and Conditions constitute the entire and exclusive understanding and agreement between you and us regarding your use of the Apps, and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between you and us concerning the same matter.
  2. If any provision of these Terms and Conditions is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect. You may not assign or transfer your rights or liabilities under these Terms and Conditions, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer rights or liabilities under these Terms and Conditions without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
  3. We shall not be liable to any users, persons, entities with respect to any damages, injuries, non-performance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond our control.
  4. Any notices or other communications provided by us under these Terms and Conditions, including those regarding modifications to these Terms, will be given by posting to the Apps.
  5. Failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of such right or provision. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise.
  6. If there is any inconsistency or conflict between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.

Contact Us

  1. If you have any questions about these Terms and Conditions or the Apps and/or if you have any feedback about the Apps, please contact us at enquiry@cityintime.hk.

Government of HKSAR

City University of Hong Kong