條款及細則

Introduction

This mobile application and related system ( “this App” or “the App”) is developed by the Office of the Government Chief Information Officer of the Government of the Hong Kong Special Administrative Region (“we” or “us”) for the purpose of placing you (“you”), residents in Hong Kong, in a better position to deal with and prevent the spread of COVID-19 through collaboration, risk identification, and use of technology. It is hoped that you would take appropriate measures to prevent further potential spread of COVID-19 to the wider community.

Acknowledgment and Agreement

By installing, accessing or using this App or otherwise using any information found therein, you, as user of this App, acknowledge and agree to be bound by these Terms and Conditions, relevant acceptable use policies and our Privacy Policy, which can be found at as they may be updated or modified from time to time (collectively as “Terms and Conditions”). Your continued use of this App following any amendment of these Terms and Conditions will signify your assent to and acceptance of the revised terms.
You are advised to use the latest version of this App to enjoy the security patches, updates and upgrades. We do not guarantee that we would provide any updates for this App, or that such updates will continue to support your device or system. Please download and install updates of this mobile application regularly, or you may not be able to continue to access to this App.

Acceptable Use and Availability

Subject to your compliance with these Terms and Conditions, we grant you permission and licence to use this App, provided that (i) your use of this App is only for your personal use, and you are not permitted to resell or charge others for use or access to this App, or use this App in any other manner inconsistent with these Terms and Conditions; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of this App in any medium for commercial use or malicious purpose; and (iii) you will not decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, customise, repair, add to or delete all or any part of this App, or make any attempt to do so. We may revoke the licence to use this App forthwith upon your breach of any of these Terms and Conditions.
Our provision of this App and your use of this App shall at all times be governed by these Terms and Conditions, the applicable laws and the community standards in Hong Kong.
This App may not be available for use in all geographical locations worldwide. Those who access this App from other geographical locations do so of their own volition.
We reserve the right to determine the eligibility of any person for the use of this App and the right to suspend or terminate your access to or use of this App and any data stored therein at our discretion without prior notice.
We retain all rights, titles, beneficial ownership and interests (including intellectual property rights) on all text, graphic images, logos, icons, sound clips, video clips, data compilations, page layout, underlying code (including object and source codes), software and any other materials in and of the App. This App shall be and shall remain our exclusive property and shall vest in us absolutely.
You may be given the option (yet it is not mandatory) to open a user account by inputting your personal data for the use of this App. However, by inputting your personal data for the use of this App, you consent and agree to our use of your personal data for the purposes of this App and all other purposes incidental to it. Your personal data stored in this App will be deleted and destroyed upon uninstallation of this App.
You can terminate your use of this App at any time. You should act responsibly in the use of this App. This App and all its content are protected by copyright. You may not modify, reproduce, transmit or distribute any content in this App in any format or by any means for commercial use without our prior written consent.
You should not intentionally upload incorrect information or otherwise act maliciously in your use of this App. You are liable for all direct and indirect legal consequences, losses and damages if you act with malicious or fraudulent intent (such as but not limited to knowingly upload fraudulent data). You agree to be responsible for, and shall indemnify us (where applicable) from, all liabilities, claims, actions, proceedings, judgments, fines, damages, losses and expenses of any kind (including reasonable legal fees and costs) related to, arising from, or in any way in connection with your access to or use of this App, including but not limited to information provided by you in connection therewith, and your breach of these Terms and Conditions.
You should not use or launch any automated system, including but not limited to, “robots”, “spiders”, “offline readers” etc., that accesses this App, and you are forbidden from ripping the content unless specifically allowed.

Provide Information

You agree and understand that under the Prevention and Control of Disease (Disclosure of Information) Regulation, Cap. 599D, a health officer may require you to give the information of the App that the health officer reasonably believes is within the knowledge, in the possession or under the control of you; and is relevant to the handling of the public health emergency.

Disclaimer

YOU SHOULD ALWAYS CONSULT A DOCTOR OR OTHER HEALTHCARE PROFESSIONALS ABOUT DIAGNOSIS AND TREATMENT. THIS APP DOES NOT SERVE AS A HEALTH DIAGNOSTIC TOOL. YOU SHALL NOT USE THIS APP TO SELF-DIAGNOSE OR SELF-TREAT ANY HEALTH-RELATED CONDITIONS. WHILE WE MAKE EVERY EFFORT TO PROVIDE YOU WITH THE BEST USER EXPERIENCE, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS REGARDING THE QUALITY, COMPLETENESS, CORRECTNESS, ACCURACY, OR APPLICABILITY OF THIS APP. WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ANY ERROR, INACCURACIES, MISTAKES OR OMISSIONS CONTAINED IN THIS APP.
Inherent with the nature of information technology services, this App might not be available at all times. There may be delays, failures, errors or omissions during your use of this App.
We shall be entitled, at our sole discretion, to remove or temporarily suspend or restrict any use of this App for whatever reason, including where we consider it reasonably necessary for the operation or maintenance of this App (such as to upgrade or modify this App). We shall not be responsible for any loss or damages you may incur as a result of any such delay, interruption, suspension or restriction in your use of this App, and for any loss or damages arising from the termination of your access to and use of this App.
We make no representations or warranties concerning the accuracy, functionality or performance of any third party software that may be used in connection with this App.
This App is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable laws, we expressly disclaim all representations and warranties of any kind with respect to this App that is not expressly stated in these Terms and Conditions, whether express or implied, including but not limited to (i) of non-infringement and title; (ii) that this App will be secured, or free of viruses, bugs, Trojan Horses or other harmful components; and (iii) that this App will satisfy your requirements or expectations.
We shall not be held liable for any loss or damage howsoever caused (save and except personal injury caused by our negligence), including resulting from (i) any errors, mistakes, omissions or inaccuracies of these Terms and Conditions; (ii) any unauthorized access to or use of our servers and/or any and all information stored therein; (iii) any interruption or cessation of transmission to or from our servers; (iv) any bugs, viruses, Trojan horses, or other harmful components transmitted through this App; (v) any losses caused by a third party, market disruption, any change of policy or law or any circumstance beyond our control.

Entire Agreement

These Terms and Conditions constitute our entire agreement with you with respect to your use of this App, and supersede and replace any other prior or contemporaneous agreements, representations, promises, assurances, understandings or terms and conditions applicable to this App.
We reserve the absolute right to interpret these Terms and Conditions and decide on any questions arising under these Terms and Conditions.

No Waiver

No failure or delay by us in exercising any right, power or remedy will operate as a waiver of that right, power or remedy. Nor will any single or partial exercise preclude any other or further exercise of any such right, power or remedy. Any right, power or remedy under these Terms and Conditions is intended to be cumulative and in addition to any other rights, powers or remedies we have in law.

Assignment

You may not assign any of your rights and obligations under these Terms and Conditions in whole or in part to others.

Jurisdiction

These Terms and Conditions are governed by the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.
You also agree that prior recourse to the Hong Kong courts, you agree to irrevocably submit yourself to the jurisdiction of, and mediation and arbitration under auspices of the eBRAM International Online Dispute Resolution Centre Limited if we so invite in writing.

Severability

If any provision of these Terms and Conditions is found invalid by any authority, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Prevailing Language

These Terms and Conditions are provided in Chinese and English. In case of any discrepancy or inconsistencies between the English version and the Chinese version, the English version shall prevail.

Survivability of Clause

You shall abide by these Terms and Conditions until you terminate your use of this App by uninstalling the App and destroying all copies of the App in your possession. However, termination in all the circumstances shall be without prejudice to any of our and your rights or remedies which have accrued prior to such termination.