Terms and Conditions of Use of the Wireless Broadband Internet Access Service

1. By using the wireless broadband Internet access service (“the Service”), and/or any mobile device as provided by The Hong Kong Jockey Club (“Mobile Device”), you are deemed to have read, understood and agreed with all parts of these terms and conditions. These terms and conditions also apply to all subsequent uses of the Service and/or Mobile Device.
2. The Service and Mobile Device (if any) are provided by The Hong Kong Jockey Club (“the Club”) to you on complimentary basis and for free infotainment and your personal enjoyment. The Club reserves the right to terminate or suspend the Service and/or impose any limitation and/or restriction on the use of the Services at any time.
3. In using the Service and/or Mobile Device (if any), you acknowledge and agree that:
   1. the Service and Mobile Device (if any) are provided to you on an “as is” and “as available” basis only, and that you should use such Service and Mobile Device at your own risk;
   2. the Club makes no other express or implied warranty whatsoever as to:
      (i) in respect of the Services, the quality (including without limitation, fitness for a purpose), speed, stability or security of the Service, in particular, accuracy, completeness and/or freedom from malware of any transmission through the Service; and
      (ii) in respect of the Mobile Device, the quality (including without limitation, fitness for a purpose), speed, stability, non-infringement, security of or freedom from computer viruses in, any Mobile Device (including any application installed thereon or any website bookmarked or otherwise recorded therein, and their features and contents);
   3. logging in for the Services and/or communications over the Internet, may be subject to interruptions, interference, hacking, transmission blackouts or delayed, incorrect or incomplete transmission due to factors or reasons such as internet traffic or the public nature of the internet;
   4. the Club will not take any steps to clear any trace, record of your personal data, search history, auto fill-in setting or other footprints left on any Mobile Device and/or servers for the Service;
   5. It is your sole responsibility for ensuring adequate protection at all times of any of your information and data which may be used via the Service and Mobile Device (if any) and take all reasonable and appropriate precautions for protection of such information and data;
   6. in using any Mobile Device, you may be able to access Internet connections that are not made available by the Club and for which the Club has no control (“Third Party Connection”). The Club advises against the usage of any Third Party Connection;
   7. to the maximum extent permitted by law, the Club shall in no event be liable for any losses, claims, expenses, costs and/or liabilities arising out of or in connection with your use of the Services and/or Mobile Device howsoever caused, including without limitation (i) any malfunctioning of the communication facilities that may be used by the Club in its provision of the Service and/or Mobile Device; (ii) any refusal or failure to acknowledge, accept or complete any transaction which you conduct through the Services and/or Mobile Device; (iii) any damage, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings incurred by you and resulting from your access to, or use of, or inability to use, the Service and/or Mobile Device, whether such damage or loss may have been directly or indirectly caused, whether they may be incidental or consequential, and whether the Club had knowledge or was advised of the possibility of such damage or loss;
   8. you shall indemnify the Club for any losses (including without limitation, loss of property), claims and liabilities arising out of or in connection with (i) your breach of these terms and conditions; (ii) your use of the Services and/or Mobile Device; and/or (iii) the use of any Third Party Connection.
4. In the Club’s provision of the Service and Mobile Device (if any), you may have access to websites and/or applications that are not under the Club’s control, as well as to any link to, copy of or bookmark of websites and/or applications as already installed into or otherwise remaining in the Mobile Device. The Club hereby expressly disclaims any warranty, responsibility, endorsement, approval, recommendation or preference of or for such third parties, or the products and/or services provided thereon. Any use of or access to such third party websites or their products and/or services is solely at your own risk. Further, you accept that the Club is not a party to any contractual arrangements entered into between any customer and the providers/hosts of the external website/application unless otherwise expressly specified or agreed to by the Club.
5. You agree and undertake not to use the Service and/or Mobile Device (if any) for any unlawful, immoral or illicit purposes, and to promptly indemnify the Club for all damage or loss that may be incurred by the Club resulting therefrom. Without prejudice to the generality of the foregoing, you acknowledge that:
   1. downloading obscene, indecent or pornographic materials to any Mobile Device is strictly prohibited and the display and/or the broadcast of any obscene, indecent or pornographic material in the public place openly, whether on a Mobile Device or otherwise, may cause nuisance or annoyance to others in which it may establish an offence of applicable laws in Hong Kong and the offender may be liable to fine and/or to imprisonment if convicted; and
   2. when using the Service and (if any) Mobile Device, you are strictly prohibited from sending any unsolicited electronic messages (whether of commercial or non-commercial nature) or accessing websites / applications containing materials which are obscene, indecent, violent, disgusted, libellous, threatening or discriminatory in nature or engaging in any online games and/or gambling which is not organised, managed, operated or otherwise authorised by the Club.
6. The Club reserves its right to amend these terms and conditions as and when it deems appropriate. In the event of dispute regarding these terms and conditions and/or any matter arising out of or in connection with use of the Services and Mobile Devices (if applicable), the Club’s decision shall be final and binding.
7. Both you and the Club agree and acknowledge that (1) they do not intend any term of these Terms and Conditions to be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap 623); and (2) these Terms and Conditions shall be excluded from the application of the Contracts (Rights of Third Parties) Ordinance.
8. These terms and conditions are governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region. In the event of any inconsistency between the English and Chinese versions of these terms and conditions, the English version shall prevail.