Terms of use

Important Notice
All contents on this website does not contain, constitute or intend to provide any information which is part of any sales brochure, advertisement, sales materials, offer for sale, request or seeking general or specific expression of intent to purchase any first-hand unsold residential property in Discovery Bay, Hong Kong owned by Hong Kong Resort Company Limited or its group companies, the sales of which are regulated by the Residential Properties (First-hand Sales) Ordinance.

Acceptance of Terms
Discovery Bay Hotel Limited ("the Company") offers the services of this website ("the Services") to you conditional upon acceptance of the following terms and conditions ("Terms of Use") and your use of and access to the website constitutes your acceptance.  The terms of use may be modified from time to time without prior notice. By continuing to use this website following such changes, you agree and accept to be bound by such modifications.

Authorised User
You agree not to provide or make known your user name or password to any other person to enable that person's access and unauthorised use of the Services. You will be the only authorised user of the Services through your user name and password. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and maintain and promptly update the registration data to keep it true, accurate, current and complete.

Rights to Make Changes
The Company reserves the right to modify, change or discontinue, temporarily or permanently, the Services (or any part thereof) at any time without prior notice. The Company shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Services.

Links to other websites
The Website may contain hyperlinks to Internet sites and resources operated by third parties.  These linked websites are not under the control of the Company. The Company shall not be responsible for the contents available on or the set-up of any other websites linked to this website. Access to and use of such other websites is at your own risk and subject to any terms and conditions applicable to such access/use. By providing hyperlinks to other websites, the Company shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the service/products they provide on their web site, or have any form of cooperation with such third parties and websites. The Company is not a party to any contractual arrangements entered into between you and the provider of the external website.

The Company shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, any content, goods or services available on such websites.  Any concerns regarding such websites should be directed to its responsible site administrator or webmaster.

The Website may also contain third party advertisements embedded with hyperlinks to third party websites.  All such advertisings are paid for by the relevant third party advertiser and are not recommendations or endorsements by the Company or its affiliates.  You should refer to the relevant advertiser for information on its products and/or services.

Links to this Website
You may set up hyperlink to this website from other websites if you first obtain the written approval from the Company (which may be withdrawn at any time at the discretion of the Company). You will terminate the hyperlink within two days of your receipt of a notice from the CompYou may set up hyperlink to this website from other websites if you first obtain the written approval from the Company (which may be withdrawn at any time at the discretion of the Company). You will terminate the hyperlink within two days of your receipt of a notice from the Companyany.

User Conduct
As a condition of your use of this website, you must not:
a. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;
b. restrict or inhibit any other user from using and enjoying this website;
c. post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law;
d. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
e. post or transmit any information or software which contains any virus, trojan horse, worm or other harmful component;
f. post, publish, transmit, reproduce, distribute or in any way exploit any information obtained through this website for commercial purposes; or
g. upload, post, publish, transmit, reproduce, or distribute in any way, information obtained through this website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or right holder.

Minors
If you are under the age of eighteen(18), a minor or not capable of assuming legal responsibility, you should seek advice from your parents or guardians as to the meaning and consequences of is Terms of Use before using the Services. You must not provide us with your personally identifiable information unless you have received the consent from your parents or guardians. The Company presumes that every user of the Services has the requisite capacity required for  using the Services and, by using the Services, you undertake and warrant to us that you have the requisite capacity. The Company is not obliged to verify the age or capacity or any users, but in the event it is discovered that any users lack the requisite capacity, the Company reserves the rights as may be available against such users, or the parents or guardians of such users, including the right to be indemnified by them against all the loss or damage suffered by us as the result of the said lack of capacity or to cancel their registration and terminate their access to the Services. By clicking “Confirm” button, you warrant to us that you are at least eighteen years old and not of unsound mind.
 

Third Party Information
This website may contain information provided by third party providers or sourced by the Company from other references or sources. The information on this website may not be regarded as any recommendation or endorsement by the Company for any purpose with respect to any person, product or service. The Company do not accept any responsibility whatsoever in respect of such information. Any use of and reliance on such information is at your own risk. Views, comments and opinions expressed in the forum do not represent the views of or any endorsement by the Company. You are cautioned as to the reliability and accuracy of opinions expressed in these columns. All information such as data, text, messages or other materials ("the Content"), whether publicly posted or privately transmitted, shall be the sole responsibility of the person from which the Content originated. The Company shall not be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the use of the Content posted, emailed, transmitted or otherwise made available via this website. The Company reserves the absolute right to remove, screen and refuse to post the Content via this website without prior notice.

General Practices for use of the Service
The Company may establish general practices and limits concerning use of the Services such as retaining or keeping the rights of sending email messages to your account. The Company has no responsibility or liability for the retaining and deletion of any messages and other communications or other contents maintained or transmitted by the Services.

You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

This website may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your reservation. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to this website, and to the products and programs described in such information, at any time without notice, including after confirmation of a reservation.

The Company reserves the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

Intellectual property rights
All intellectual property rights subsisting in respect of this website belong to the Company or have been licensed to the Company, its subsidiaries, holding companies, associated companies, or affiliates. This website may be re-disseminated or reproduced and the Company shall not be responsible for any loss or damage arising from the information, or reproduction or re-dissemination of the information, within this website. Except with the express permission of the Company, you are not allowed to upload, post, publish, reproduce, transmit, copy, republish or distribute in any way any component of this website itself or create derivative works with respect thereto. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") for any purpose (including for purposes of advertising, promotion or trade in connection with the hotels, products, services, attractions directly or indirectly owned, operated, licensed or controlled, in whole or in part, by the Company) and in any manner, medium and format without incurring any liability to you. You warrant that you have procured all assignments, waivers, releases and consents necessary to enable us to make use of your Feedback.

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. You agree that your Feedback including the information contained therein are non-confidential and may be disclosed by us in any medium without any liability or compensation to you or any person.  You acknowledge and consent that the Company may, in our sole and absolute discretion, modify, amend, edit, change, translate, incorporate into any other materials, publish (or not publish), your Feedback or any part thereof as the Company deem appropriate.  You will fully indemnify us against all actions, losses, claims, damages, costs and expenses of whatever nature arising directly or indirectly from any breach by you of any representation or warranty or any term or condition contained herein.  You represent and warrant that your Feedback and your communication thereof conform to the User Conduct (set forth above labeled “User Conduct”) and other requirements of the Terms of Use..

Indemnity
You agree to indemnify, defend and hold harmless the Company, its subsidiaries, holding companies, associated companies, affiliates, officers and employees from and against all liabilities, claims, actions, costs, expenses, loss and damages arising from or in connection with your breach of the Terms of Use and/or any other activity by you in connection with your use of or conduct on this website, content or messages posted or transmitted by you on or through this website. The Company reserves the right, at its own expenses, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

Disclaimer
All information in this website is for your general reference only. The Company does not accept any responsibility whatsoever in respect of such information. Your access to and use of this website is at your sole risk and is provided "as is". This website is for your personal use only and the Company makes no representation or warranty of any kind, express or implied, including without limitation, any warranties on non-infringement, merchantability, accuracy or fitness for a particular purpose. Neither the Company nor its subsidiaries, holding companies, associated companies, or affiliates assumes any responsibility that:

a. the information on this website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
b. the information on this website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
c. messages sent through the internet will be free from interception, corruption or loss;
d. access to this website will be available or be uninterrupted; or
e. defects in this website will be corrected.
f. this website or the server that makes it available are free of virus or other harmful components or that confidentiality information transmitted through the website will be maintained.

In no event will the Company, its subsidiaries, holding companies, associated companies, or affiliates be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the information on this website. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information. You are responsible to ensure that your use of the information complies with all applicable legal requirements..

Termination
The Company may in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach of the Terms of Use, or the account becomes inactive for a reasonable long period with or without notice. The Company will not be liable to you or any third party for any claims related to the termination of the Services.

Privacy Policy
For information about our privacy policies and practices, please refer to our Privacy Policy Statement.

Governing Law and Jurisdiction
The Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

Chinese Version
If there is any conflict or difference between the Chinese version of the Terms of Use and its English version, the English version prevails. If any part of the Chinese version is unclear, reference should be made to the English version. The Chinese version may not be translated into English for the purpose of comparing with or interpreting the English version.