Terms & Conditions

By pressing “Download” to download and/or using any Membership app (including but not limited to the HKJC Members' Mobile App) (the “App”) and/or registering for and/or using any Membership web portal (including but not limited to the Online Membership Services) (the “Web Portal”, and together with the App, the “Platforms” and each a “Platform”), each being a communication platform between members and The Hong Kong Jockey Club or any of its subsidiaries in Hong Kong (collectively, “the Club”), you are deemed to have understood and agreed that:

Rules of Usage
1. The Platforms are only available to Members of the Club (principal members and spouse supplementary cardholders) (collectively, “Members”), who can successfully log into a Platform (“User”). The User login is for the personal use of the relevant User and in his/her capacity as a Member of the Club only. The User shall be liable for all consequences if he/she allows any person other than himself/herself to use his/her account on a Platform and/or the User login information.
2. Any person who has successfully logged into a Platform as User is deemed to have read and accepted these Terms & Conditions and the Club’s Personal Information Collection Statement – Membership (as specified in Rule 12 below). User acknowledges and agrees that all uses of a Platform, despite the actual time and location of the User, shall be deemed to be within the context of use of Members’ facilities of the Club and accordingly subject to the Club’s Bye-laws and other applicable regulations imposed on the Members.
3. Each User undertakes and ensures that he/she will not, in the course of using any material sharing functionality on a Platform, transmit, distribute or otherwise communicate anything containing any malware or element which may affect the functionality of any Platform; or cause damage to, interfere with, or erode any data or system belonging to the Club or any third party.
4. In downloading or using a Platform, each User undertakes not to, or allow any third party to:
  1. make modifications, additions or deletions to or make derivative works of, or
  2. reproduce, distribute, make available, resell, sublicense or otherwise tamper with,
  any part or the whole of any Platform.
5. In using all or any part of the contents extracted from a Platform in any form or manner, each User undertakes that:
  1. the extract shall in no event include any marks, trademarks, logo, service marks or otherwise;
  2. such use shall be made at his/her own risks and the Club is not in any way liable for any incompleteness, loss or corruption of data;
  3. such use shall be for his/her own records or purposes that are not in contravention of applicable laws; and
  4. such use shall not in any way harm, damage and/or bring into disrepute the name, reputation and/or image of the Club.
6. Each User acknowledges and agrees that in using a Platform, the relevant internet or mobile service provider may charge certain fees based on the volume of data transmitted and/or charge any other fee as may be agreed between the User and the relevant service provider.
7. Provision of a Platform howsoever (including sharing the executable file of any Platform) after download or use to any third party (including any other Members) is prohibited, and notwithstanding such prohibition any acts, costs, expense, loss and damage arising in connection with such provision shall be borne by the providing Member.

Local Use
1. The Platforms are intended and provided for use in Hong Kong. The Club does not guarantee that any Platform can be accessed or used outside of Hong Kong. The Club is not responsible for any consequences arising from any use outside Hong Kong. The User using a Platform shall be solely responsible for all and any consequences arising from the use of the Platform, whether within or outside Hong Kong by himself/herself, or a third party acting with or without his/her knowledge, consent or authority.
2. All usages of a Platform are deemed to be made in Hong Kong and subject to the laws of Hong Kong.

Log-in and Security
1. User may use a Platform as follows:
  1. User shall activate and/or log in to a Platform with the security devices (including without limitation, login username and password, all of which shall be decided subject to the Club’s parameters and requirements (including without limitation, requirements on length and composition of password) which may be updated from time to time) (“Security Devices”);
  2. Apart from the Security Devices, one-time password might also be required to be generated by a third party mobile application as designated by the Club (“OTPA”) for activation or use of a Platform from time to time, and the terms and conditions as imposed by the developer of OTPA on the user of OTPA shall apply to the Members, the download and installation of OTPA shall be at the Member’s sole costs and in his/her own risk and to the extent permitted by law, the Club shall in no event be liable to any Member for any issues and/or costs arising in connection with OTPA and/or any Member’s use of OTPA for any other purposes in any manner; and
  3. Subject to the parameters and requirements in Sub-Rule (a), the User may also update his/her login password from time to time.
  4. Upon successful activation of a Platform, other than by way of entering the Security Device and/or OTPA, a User may activate biometric credentials in the form as the Club may accept for logging in to the Platform ("Biometric Log-in"). For the avoidance of doubt, the Club shall have the sole discretion to determine whether:
    
    to confine the scope of permission to any User to log in to the Platform with or based on his/her biometric credentials in accordance with any requirements, limitations and restrictions as the Club may deem fit include without limitation, the model and/or the version of the operating system of the device in question, the period wherein such log-in will be impossible;
    
    to accept any form of Biometric Log-in of which the verification mechanism and logics pre-installed in the device as may be used by a User for use of the Platform ("Device"); and
    
    without prejudice to Sub-Rule (2) above, where the Device is enabled in howsoever manner with various verification mechanisms and logics for the same or different biometric credentials of the users, to accept which of such mechanisms and logics amongst others.
    
    Further to the foregoing, nothing in this Sub-Rule (d) shall render any Security Device invalid and/or preclude the Club from accepting log-in by the Security Device.
2. User should keep strictly confidential all information and details in relation to his/her account, including but not limited to the Security Devices (collectively, the “Confidential Information”). All activities conducted with the correct Confidential Information will be binding on the User whether or not such activities were authorised by the User.
3. Where a User has activated Biometric Log-in for a Platform:
  1. he/she shall ensure that the biometric credentials stored on the Device are his/her own and only use his /her own biometric credentials for logging in to the Platform;
  2. he/she shall avoid using any biometric credentials that may be identical or very similar to the biometric credentials of another person (e.g., a User shall not use facial recognition for authentication purpose if he /she has an identical twin sibling), and shall also avoid using facial recognition when his/her facial features may be undergoing changes;
  3. for reason of security and maintenance of the Platform, the Club may collect usage data from the User’s Devices whereon Biometric Log-in has been used; and
  4. Biometric Log-in may be suspended across all his/her Devices and re-activation required if:
    
    he/she has changed any part of the Security Devices;
    
    the Club reasonably believes that any of his/her Devices whereon Biometric Log-in has been used has been tampered with or otherwise compromised; or
    
    the Club deems it necessary or expedient for safeguarding the integrity and security of the Platform, including without limitation, due to non-use of Biometric Log-in by the User for such period as determined by the Club.
4. Without prejudice to the generality of Rules 3.1 to 3.3, each User shall ensure that the login passwords are private, unique and not generally known to any third party. Each User understands and accepts that the security level will be compromised if the login passwords chosen by the User are known to third parties. The Club shall not be liable for any loss or damage howsoever arising from any access to any User’s account as a result of any third party being able to provide the login passwords correctly.
5. In the event the User decides to terminate use of a Platform, the User must remove the Platform from all his/her devices and cease using the Platform forthwith.
6. Without prejudice to any other part of this Rule 3, the Club may at any time require compulsory update of the Security Device of and/or suspension of the Biometric Log-in and reactivation of biometric credentials as the Club sees fit.
7. Upon notice or suspicion of any Confidential Information being disclosed to any unauthorised person or any unauthorised person being in possession of such information for whatever reason, the User must immediately notify the Club through e-mail to the specified contact. Notwithstanding the foregoing and until after the Club has terminated or accepted termination of use of the User login, all User login by any person, whether or not authorised by the User, shall be binding on the User.
8. User should beware that there may be, by third party with an intent to deceive or other dishonest intent (irrespective of whether any benefit to such third party will be imminent or not), attempts to impersonate as the Club (including without limitation, by way of bogus sites or application which attempt to pass off as the Club’s) or hold out as a co-operator involved in the operation of a Platform or any service thereon. Before submitting any personal particulars via any mobile application or service thereon, including but not limited to the Confidential Information, User must ensure that the relevant mobile application and/or service are in fact provided by the Club. In case of any doubt, User should immediately contact the Club to verify the authenticity of the mobile application and/or service. The Club shall not be responsible for any consequences following the User accessing or providing any information to any fake or bogus service provider passing off as and/or claiming to be the Club.

User’s Representations and Warranties
1. Notwithstanding anything contained in these Terms & Conditions, in the event that a User uses or adapts any contents allowed by the Club in conjunction with any material of his/her own, User represents, warrants and indemnifies the Club that such material (a) is not obscene, blasphemous, libellous or defamatory; (b) does not intrude, misuse or abuse another person’s name, portrait or privacy; and (c) is either owned by such User or that use of such material is licenced to such User or will not infringe any third party proprietary right, including intellectual property right. User further undertakes that he/she will not engage in any fraudulent, dishonest, illicit or illegal practice in connection with the use of any Platform, its features and its contents.

Reservation Functions
1. The Club may make available functions on a Platform for reservation for catering or other facilities or activities and/or relevant management and/or cancellation of such reservations (“Reservation Function”).
2. The reservation of each catering outlet or other facility or activity may be subject to its own terms and conditions. By using the Reservation Function for such facility or activity, the User is deemed to have accepted the applicable terms and conditions.
3. Information about availability of tables at catering outlets or other facilities or activities is for information only. Update of such information may be subject to delay and the Club shall not be liable for such delay or any inaccuracy of the information.
4. The Club may terminate the use of the Reservation Function, either generally or for any particular facility or activity, at any time without notice.

Car Park Services
1. Car park services function when made available on a Platform (“Car Park Services”) is intended to provide Users with information about the availability of parking lots in all Club’s Car Parks (as defined in the Parking and Access Bye-laws and the Parking Bye-laws for the Jockey Club Headquarters Car Park) and information in relation to the User’s enjoyment of parking privileges with cars registered with the relevant membership account (including without limitation, entry time of the registered car into the relevant car park and duration of use of EV charger service).
2. Information provided via the Car Park Services is for information only. Update of such information may be subject to delay and the Club shall not be liable for such delay or any inaccuracy of the information. By using the Car Park Services, Users should be deemed to have acknowledged and accepted that parking spaces might become unavailable when they arrive at the relevant Club’s’ Car Park.
3. The use of club’s Car Park is subject to terms and conditions of the Parking and Access Bye-laws and The Parking Bye-laws For the Jockey Club Headquarters Car Park.

Check-in Functions
1. The Club may make available functions on a Platform for check-in for catering or other facilities or activities of the Club (“Check-in Function”). The User shall grant the requisite access permissions (including without limitation location and camera access) to the Platform when using the Check-in Function, and is deemed to have provided consent to the Club to use, collect and record such relevant data by using the Check-in Function.
2. Check-in at each catering outlet or other facility or activity may be subject to its own terms and conditions. By using the Check-in Function for such facility or activity, the User is deemed to have accepted the applicable terms and conditions, and confirmed that the User is personally present at the relevant catering outlet or facility or activity. Any use of the Check-in Function with the intention to defraud or mislead the Club shall constitute a breach of these Terms and Conditions and may lead to disciplinary action.
3. Any records of check-in shown via the Check-in Function is for information only, and shall not be relied on for the purposes of confirming qualification to any offer or entitlement. The record retained by the Club shall be final. Update of such information may be subject to delay and the Club shall not be liable for such delay or any inaccuracy of the information.
4. Use of the Check-in Function is subject to the relevant Bye-laws and rules of the Club. The Club may terminate the use of the Check-in Function, either generally or for any particular facility or activity, at any time without notice.

Digital Identification Functions
1. The Club may make available functions on a Platform for digital identification and/or payment at catering or other facilities or activities of the Club (“Digital Identification Function”). The User shall grant the requisite access permissions to the Platform when using the Digital Identification Function, and is deemed to have provided consent to the Club to use, collect and record such relevant data by using the Digital Identification Function.
2. Use of the Digital Identification Function at each catering outlet or other facility or activity may be subject to its own terms and conditions. By using the Digital Identification Function for such facility or activity, the User is deemed to have accepted the applicable terms and conditions, and confirmed that the User is personally using the Digital Identification Function via the Platform at the relevant catering outlet or facility or activity. The Digital Identification Function is non-transferrable and no screenshot or other form of copy of any content of the Digital Identification Function may be taken or used. Any use of the Digital Identification Function with the intention to defraud or mislead the Club shall constitute a breach of these Terms and Conditions and may lead to disciplinary action. The User shall be responsible for all charges and expenses incurred from using the Digital Identification Function, and such charges and expenses shall be settled by the User in accordance with the relevant Bye-laws and rules of the Club.
3. The Digital Identification Function does not constitute a Card as defined in the General Bye-laws of the Club, and does not replace or substitute a Card. Members remain responsible to produce their Cards in physical form when using any catering or other facilities or participating any activities of the Club in accordance with the General Bye-laws and other rules of the Club. The Digital Identification Function is only intended to be an alternative means of identity proof and/or payment for Members in exceptional circumstance when permitted by the Club. The Club reserves the right to refuse accepting the Digital Identification Function for identification and/or payment purposes.
4. Use of the Digital Identification Function is subject to the relevant Bye-laws and rules of the Club. The Club may terminate the use of the Digital Identification Function, either generally or for any particular facility or activity, at any time without notice.

Scan To Order Functions
1. The Club may make available functions on a Platform and/or any relevant website/application for self-service ordering at catering or other facilities or activities of the Club for the User and his/her guests (“Scan To Order Function”). The User shall, and shall ensure that his/her guests (if any) will, grant the requisite access permissions to the Platform and, as the case may be, any relevant website/application when using the Scan To Order Function, and is deemed to have provided consent to the Club to use, collect and record such relevant data by using the Scan To Order Function and shall ensure that his/her guests (if any) provide such consent to the Club.
2. Use of the Scan To Order Function at each catering outlet or other facility or activity may be subject to its own terms and conditions. By using the Scan To Order Function for such catering outlet, facility or activity, the User is deemed to have accepted the applicable terms and conditions, and shall ensure that his/her guests (if any) using the Scan To Order Function comply with the applicable terms and conditions. The User is also deemed to have confirmed that the User and his/her guests (if any) are personally using the Scan To Order Function via the Platform and, as the case may be, any relevant website/application at the relevant catering outlet or facility or activity. The Scan To Order Function is non-transferrable and no screenshot or other form of copy of any content of the Scan To Order Function, whether shown via the Platform or any relevant website/application, may be taken or used. Any use of the Scan To Order Function with the intention to defraud or mislead the Club shall constitute a breach of these Terms and Conditions and may lead to disciplinary action.
3. The User shall be responsible for all charges and expenses incurred by him/her and his/her guests from using the Scan To Order Function, and such charges and expenses shall be settled by the User in accordance with the relevant Bye-laws and rules of the Club. The User shall be responsible for informing the Club of any food allergies issues and any other dietary or special requirements of him/her and his/her guests prior to placing any order using the Scan To Order Function, but the Club cannot guarantee the satisfaction of such requirements.
4. Use of the Scan To Order Function is subject to the relevant Bye-laws and rules of the Club. The Club may terminate the use of the Scan To Order Function, either generally or for any particular catering outlet, facility or activity, at any time without notice.

Liability
1. Each User acknowledges and accepts that:
  1. the Platforms and any functionality and/or content thereon, shall be subject to the Club’s general corporate disclaimer ( https://www.hkjc.com/home/english/corporate/corp_disclaimer.aspx) without prejudice to the generality of such corporate disclaimer;
  2. the Platforms, their features and their contents are to provide free information, and are owned by or licensed for use to the Club;
  3. the security and stability of transmission of information over the internet cannot be fully guaranteed, and hence accepts the risk of sending sensitive or confidential information over the internet (particularly when such are not encrypted);
  4. the use of a Platform may be subject to interruption, interference, hacking, transmission failure or delay;
  5. where the contents of a Platform contain views or opinions expressed by entities other than the Club, the Club does not represent those views or opinions to be the Club’s views or opinions or that the Club endorses them;
  6. access to and use of any third party website/application linked to a Platform is at User’s own risk and discretion and subject to the terms and conditions applicable to such use/access, and by allowing or providing hyperlinks to such third party websites/applications, the Club does not hold out and shall not be deemed to endorse, recommend, approve, guarantee or introduce any such third parties, their websites/applications or the service/products they provide on their website/application, or have any form of cooperation with such third parties and websites/applications. Further, the User accepts that the Club is not a party to any contractual arrangements entered into between any User and the providers/hosts of the external website/application (regardless of the subject matter of the relevant arrangement) unless otherwise expressly specified or agreed to by the Club;
  7. the Club makes no representation regarding the integrity, compatibility or scalability of a Platform;
  8. the Club makes no representation regarding non-infringement, security, accuracy, completeness, fitness for a purpose or freedom from computer viruses in providing the Platforms, their features and contents, and it is each User’s sole responsibility for ensuring adequate protection and back up of his/her other programmes, information and data in the device on which a Platform is used and taking reasonable and appropriate precautions to scan for malware and to back up such other programmes, information and data; and
  9. the Club reserves the sole and all rights to make decisions relating to any information and activity provided, advertised or promoted through a Platform, and may amend, modify, postpone or cancel any content of such information and activity (including but not limited to venue, date, time, performance or other activities, entry requirements, gift, discount or other offerings) or amend the relevant terms and conditions, at any time without notice, and without liability for refund, compensation or otherwise.
2. Each User agrees that the Club and its subsidiaries shall not be responsible for:
  1. any loss, damage, injury or any other form of compromise of any User’s interests, howsoever arising from or caused by a Platform, whether related to any information on or facilities of the Platform, including without limitation, any problem or technical malfunction, any damage to any User’s device, any failure, delays or interruptions in transmission, operation or communication; hacking, distortion or erosion of data or instructions; and any errors or omissions in or from the contents on the Platform;
  2. any disputes/matters relating to the charges of data transmission between the User and internet or mobile service providers;
  3. any use of all or any part of the contents extracted from a Platform (whether incorporated with any third party materials or otherwise);
  4. any loss, costs, damage or injury as a result of any use or reliance of a Platform and/or its features and/or contents;
  5. any loss, costs, damage or injury as a result of any access to or use of any third party website/application linked to a Platform and/or any services/products provided thereon, and/or any dispute (whether contractual or otherwise) between any such third party and any User; and
  6. any other loss or damages that may be suffered by a User for any reason whatsoever in using a Platform.
3. Each User using a Platform shall indemnify and hold the Club harmless against all claims, losses, expenses and damages (including all legal costs) which arise from the breach of or failure to fulfil any of the Terms and Conditions herein.

Termination
1. The Club may, at any time and without giving any reason, suspend or terminate any User’s right to use a Platform.
2. Without prejudice to the generality of the foregoing, the Club may (a) conduct periodical reviews and suspend or close any account where any irregular or illegal activity is suspected, (b) without prior notice, suspend or terminate any User’s right to use a Platform if the Club believes or suspects that the relevant User has allowed any other person to use the Platform.

Personal Data and Privacy
1. Each User undertakes to read and understand the Club’s Privacy Policy Statement (https://www.hkjc.com/home/english/corporate/corp_privacy.aspx) before download or use of any Platform, and consents to the Club using any personal data gathered from his/her usage of any Platform in accordance with the Club’s Privacy Policy Statement.
2. The following Personal Information Collection Statement (“PICS”) applies to User.
3. Each Platform is committed to ensuring the privacy and security of the personal data it holds and aims to meet this commitment by implementing the principles and requirements of the Personal Data (Privacy) Ordinance of the Hong Kong Special Administrative Region (‘the Ordinance”).
4. The Club reserves the right to update, amend or modify the terms of the PICS or any part of it without prior notice, and User’s continued access and/or use of any Platform signifies his/her acceptance of the updated, amended or modified PICS, unless if the changes reduce User’s rights in which case the Platform will ask for his/her consent. If User does not agree to all the terms and conditions in the PICS and/or any subsequent updates, amendments or modifications thereto, User must stop accessing or otherwise using any of the Platforms.
5. Throughout User’s usage of a Platform, the Platform may request, collect, process and/or disclose personal data from User when User accesses and/or use the Platform. Such data may include personal information related to or linked to a specific individual such as mobile phone, e-mail address, emergency contact information or any such information the Platform has requested and User has provided through the Platform (“Personal Information”). It is obligatory that User provides any personal data requested by the Platform unless User is informed otherwise on or before collection by the Platform. Failure to supply such data may result in the Platform being unable to carry out its operational functions or provide services.
  
  These purposes for which User’s personal data may be used include the following:
  1. providing specified information;
  2. managing reservation of Member’s facilities, such as table booking, rescheduling and cancellation (once available);
  3. checking information and details about a Member’s enjoyment of the parking privilege through any car registered in the relevant membership account (once available);
  4. checking the amount of spending made through a membership account (once available);
  5. filling in and submitting service request forms (once available);
  6. details of User’s usage of a Platform (including but not limited to traffic data, location data, length of user sessions, language, mobile device model, etc.);
  7. information automatically collected and stored in a Platform’s server by using or accessing to the Platform (including the log-in username and password for User’s account, pages visited, etc.); and
  8. any other purposes as may be agreed to between User and a Platform, including the purposes set out in any terms and conditions for the engagement by the Platform.
  There may be links present on a Platform which could result in User leaving the Platform and/or being taken to other Club websites. User should note that any Personal Information that he/she provides to these Club websites are subject to this PICS, and the Platform is not liable for any losses, damages, costs or expenses which User may suffer or incur in connection with him/her providing or making available Personal Information or other data to such websites.
6. The Personal Information and other data collected from User may be transferred to, processed, and stored in the servers of a Platform. The personal Information will be stored as long as is necessary to fulfil any of the purposes described in this PICS, or to comply with any contractual or legal requirement.
7. A Platform will use reasonable endeavours to maintain appropriate physical, electronic and organisational procedures to ensure that User’s Personal Information and other data is treated securely and in accordance with this PICS, and to protect such data against unauthorised access or unauthorised alteration, disclosure or destruction of data.
8. Once a Platform has received User’s information, the Platform will use strict procedures and security features to try to prevent unauthorised access. The Platform does not give any representation, warranty or undertaking that the Personal Information User provide will be secure at all times, and to the extent the Platform has fulfilled its obligations under no circumstances shall the Platform be responsible for any losses, damages, costs and expenses which User may suffer or incur arising from unauthorised access to or use of User’s Personal Information.
9. User is responsible for keeping own chosen password confidential and not to share the password with any third party.
10. Under the Personal Data (Privacy) Ordinance, User has a right to request access to, and to request correction of, his/her personal data held by a Platform. Alternatively, User may make data access, correction or erasure request by sending his/her request by email to membership@hkjc.org.hk.
11. Where mandatory under applicable legislation, User may also request restriction of processing of Personal Information or object to processing by sending his/her request or objection by email to membership@hkjc.org.hk. User may also request a copy of the information that a Platform holds about the User by sending request by email to membership@hkjc.org.hk.
12. User may contact a Platform via the contact details in “Contact Us” if he/she has a complaint regarding the processing of his/her Personal Information.
13. When handling a data access or correction request, a Platform has the right to check the identity of the requester to ensure that he/she is the person entitled to make the data access or correction request.
14. All handling of personal data will be governed by the most recent version of this PICS, available on https://www.hkjc.com/home/english/corporate/corp_privacy.aspx. If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.

Amendment
1. The Club shall have the right to add to, delete, amend or vary any of these Terms and Conditions in its absolute discretion. In the event of dispute, the Club’s interpretation shall be final and conclusive.
2. Notice of any such additions, deletions, amendments or variations and the day upon which such shall become effective shall be deemed to have been duly given to each User if a notice thereof is posted on a Platform.
3. Use of any Platform on or after the date upon which any such addition, deletion, amendment or variation is expressed to take effect will be deemed to constitute acceptance thereof by the User without reservation.

Breach of these Terms and Conditions
1. A breach of these Terms and Conditions and/or any other rules in relation to the use of any Platform shall constitute a breach of the Club’s rules and regulations and may result in disciplinary consequences.
2. Upon termination by the Club of a User’s right to use a Platform as a result of any breach of any of these Terms and Conditions, the Club may, but shall not be obliged to, close his/her account and/ or terminate his/her User login.

Chinese and English Versions
1. All terms and conditions in respect of use of any part of the Platforms are written in Chinese and English. In the event of any inconsistency between the Chinese version and the English, the English shall prevail.