TERMS OF USE

 

 Last updated: 1 January 2018

These terms of use (“Terms”), our Privacy Notice available at https://traintrain.com.hk/index.php/privacy-policy, and any other terms and conditions that you and Train Train Limited (“TRAINTRAINHK”, “we”, “us”, “our”, “ours”) may have agreed to from time to time create a contract between you and us (collectively, the “Agreement”).  Please read the Agreement carefully as it governs your use of the website located at www.traintrain.com.hk (“Website”) and the TrainTrain App service (“Service”), which allows you access to and/or view any channels, programmes, movies, series, services, data, information, still pictures, moving images, graphics, video, text, articles, editorial works, audio content, files, multimedia content and/or other materials (collectively, “Content”) streamed over the Internet on or through the Website and/or TrainTrain App mobile app (collectively, “Apps”) for free or for a charge.

By (a) using the Website, or (b) clicking “I AGREE” at the end of these Terms, or (c) accessing, using or registering for the Service, or (d) installing or using the Apps, you declare that you have read, understood and agreed to be bound by the terms of the Agreement. If you do not agree to these Terms, please do not use the Service.

These Terms may change from time to time, so please review them on the Website regularly to ensure that you are aware of any modifications.  Your continued access to and use of the Website or Service after changes are posted constitutes your agreement to be bound by the terms and conditions as amended.  

 

  • SERVICE

    1. The Service is provided by Train Train Limited, a limited liability company incorporated in the Hong Kong Special Administrative Region (“Hong Kong”) and a registered office at 1008, Cyberport 1, 100 Cyberport Road, Hong Kong.
    2. Unless otherwise permitted by us in writing, the Service is only available for use in Hong Kong. We may collect your IP address to confirm your geographic location. Any attempt to use and/or access to the Service outside of Hong Kong is prohibited except as may be otherwise agreed by us in writing, and contravention of which shall entitle us to deactivate the Service forthwith without notice and liability to you or any third party.
    3. The Service offers ???.
    4. Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to these Terms.

 

  • USING THE SERVICE

    1. Use of the Service requires compatible devices, Internet access, and periodic updates. The latest version of Apps, software, programme, and/or firmware including any upgrades (collectively, “Software”) is recommended and may be required to access the Service for certain features or transactions. You acknowledge that you are responsible to obtain and maintain at your own expense all equipment, systems, software, and/or services needed to access the Service and updating the Software.
    2. Use of the Service including an update of the Software requires an Internet connection with sufficient bandwidth and may incur data transmission fees charged by your network provider. Use of the Service may affect your experience and/or the operation of the broadband services provided by your network provider and we shall not, in any event, be liable in respect thereof. Please contact your network service provider for any queries.
    3. Unless otherwise permitted by us in writing, you are permitted to access to or use the Service on a device which is owned by you or under your personal control (“Device”) for the sole purpose of accessing the Service and/or Content for your personal and non-commercial use, subject to the terms and conditions of these Terms. You are responsible for ensuring that the Device meets the specifications and minimum system requirements for the Service as may be stipulated by us from time to time and that it is compatible and may properly function and access the Service. You acknowledge and accept that certain devices or equipment are not supported by the Service and that we will not be liable for any Device or Service failure or performance degradation resulting from the non-compliance of such specifications and requirements as stipulated by us from time to time.
    4. Your installation and use of the Service will occupy certain storage capacity of your Device. Please maintain sufficient storage capacity in your Device at all times.
    5. We do not warrant that the Website, Service and/or Software will be compatible with any equipment or systems and we shall in no event owe to you any responsibility or liability in respect thereof, including without limitation any damage to equipment and systems and any loss of data.
    6. We reserve the right to update the Website, Service and/or Software from time to time in our sole discretion, including but not limited to adding, changing or removing functionalities and features, and changing the user interface or the manner in which you are able to access the Service.
    7. You agree that the requirements under this Article 2 may change from time to time and you are responsible to ensure that all these requirements are met before accessing to or using the Service.

 

  • TRAINTRAIN MEMBER ACCOUNT

    1. Use of the Service and accessing the Content requires a TrainTrain Member Account, which is the account you use across applications and services. You must be over 18 years of age to create a TrainTrain Member Account and use the Service. Individuals under the age of 18 may utilize the Service only with the involvement and supervision of a parent or legal guardian, under such person’s TrainTrain Member Account and otherwise subject to the terms of the Agreement.
    2. As your TrainTrain Member Account is the means by which we identify you and by which you use the Service and make transactions with us, you must keep your password confidential. All transactions done using your TrainTrain Member Account (whether used by you or another person, authorized or not) shall be deemed to be authorized by you, and we will not be responsible for any unauthorized access or losses in connection with or arising out of the unauthorized use of your account. In the event that there is suspicious of the use of your TrainTrain Member Account by unauthorized persons, you shall immediately notify us.

 

  • USE OF SOFTWARE

    1. Subject to your compliance with the terms of the Agreement and your payment of fees (as applicable), we grant you a revocable, personal, non-transferrable and non-exclusive license, to store, run and use the Software on your Device for the sole purpose of enabling you to use and enjoy the Service in the manner permitted by these Terms but not further or otherwise. This license will terminate automatically, without notice, if you fail to comply with these Terms, including the restrictions, of this license.  
    2. We and our licensors own and retain all proprietary rights, including all patent, copyright, trade secret, trademark, and other intellectual property rights, in and to the Software. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors. You acknowledge that the license granted above does not provide you with title to or ownership of the Service or Software, but only a right of limited use under these Terms. The Software embodies our trade secrets and other proprietary information and materials. Unless you have our written permission, you may not (i) copy, distribute, sublicense, lease, rent or otherwise transfer the Software to any third party; or (ii) modify, enhance, disassemble, decompile, create derivative works of the Software, reverse engineer or otherwise gain access to the source code to the Software, and contravention of which shall entitle us to deactivate the Service forthwith and without prejudice to the foregoing, we reserve all right to commence legal action against you and claim for damages.
    3. Nothing you do on or in relation to the Service, Website, Content, Software, or any other materials contained in the Service will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.
    4. We expressly reserve the right to deactivate or terminate the Service without notice or liability to you or any third party and take action against you for any losses and damages caused by you in the event that you infringe any of our intellectual property rights or other rights of any person.
    5. This Article 5 will survive the termination or expiry of your subscription or your use of the Service.

 

  • CONTENT

    1. We have the sole right and discretion to determine the type, nature, genre, quality, quantity, and duration of the Content made available on or through the Service.
    2. Certain Content will only be available for viewing during the prescribed limited time frame (“Viewing Period”), and will then cease to be available under the Service.
    3. We make no representation, promise, warranty, undertaking or guarantee as to the quality, completeness, usefulness, continuity or Viewing Period of any particular Content, and we reserve the right to vary, replace or withdraw any Content (whether advertised or not) on the Service, or any bundles or packs of the Service in such manner as we may determine in our absolute discretion.
    4. While the Service allows you to stream the Content online, you are not permitted to download any of the Content at any time for any reason unless otherwise permitted by us in writing.
    5. You acknowledge and agree that:
 
  • through your use of the Service, you may be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content;
  • you may be exposed to Content that is inaccurate, deemed offensive, indecent, or objectionable, which Content may or may not be identified as such, and that you agree to use the Service at your own risk and that we will not have any liability to you or any third party for the Content that you may access on or through the Service;
  • you have not relied upon any information or statement to the effect that any particular Content will be made available to you for the whole or part of the term of your subscription plans;
  • any Content solely expresses the views of the speaker of the Content, are not our views or any entity associated with us;
  • certain Content on the Service is provided by third-party providers and are beyond our control;
  • no credit or refund is available in respect of any time when the Service and/or Content is disrupted or suspended for maintenance or as a result of technical difficulties or a circumstance beyond our reasonable control or where you are not able to access or stream the Content for whatever reason.
  • certain information under the Service may be provided by third party information service providers (the “Information”) and such provision of Information shall be subject to any conditions from time to time determined by us at our own discretion. Without limiting the generality of the foregoing, the provision of the Information shall be subject to the following terms and conditions: You (i) shall use the Information for viewing purpose only; (ii) shall not transmit, re-disseminate or re-distribute (whether on real time basis or not) the Information to any third party; (iii) shall not use the Information or any part thereof other than for your own personal and non-commercial use; (iv) acknowledge that all rights in the Information and all information derived from the Information (in whatever form it was presented) shall be and remain the property of the relevant information providers and any of its subsidiaries or affiliated companies (as the case may be); (v) shall not use the Information or permit the use of the Information or any part thereof for any illegal purpose; (vi) acknowledge and agree that the relevant information providers, including the relevant Stock Exchange, endeavor to ensure the accuracy and reliability of the Information provided but do not guarantee the accuracy or reliability of the Information and accept no liability (whether in contract or tort or otherwise) for any loss or damage arising from any inaccuracies, omissions, delay or interruption; and (vii) acknowledge and agree that the use of the Information shall be subject to such directions as may be given by the relevant information providers from time to time and you hereby agree to abide by such directions;
  • certain Content or services may be subject to additional charges and terms and conditions, which will supplement these Terms. You will need to agree to such additional charges and terms and conditions in order to access any such Content or services; and
  • certain Content may not be suitable for viewing by minors. You are responsible for checking the identity and/or age of any person who wishes or intends to view any such Content before you permit that person to view such Content and for generally ensuring that minors do not access such Content using your TrainTrain Member Account. We will not be in any way responsible for any use of your TrainTrain Member Account to access to, subscribe for and viewing of any of the Content (whether the account is used by you or another person, authorized or not).

 

  • RESTRICTIONS ON USE OF THE SERVICE

  1. You agree:
     
    1. to abide by all applicable laws, these Terms and any other operating and/or usage rules applicable to the Service and/or the Content, as amended from time to time;
    2. that any person who uses the Service and the Content under your TrainTrain Member Account (whether or not approved by you) shall be deemed to be your use of the Service and Content;
    3. to restrict any minors from viewing those Content and/or use any part of the Service which is not suitable for viewing by minors;
    4. to be responsible for any costs you incur to access the Service, Website, Content, Software and/or Internet connection; and
  2. Unless otherwise permitted by us in writing, you shall not, and shall not permit any person, to:
 
  1. resell the Service to third parties;
  2. obstruct or interfere with the Service or servers or networks connected to the Service, or restrict or inhibit any other persons from using the Service, Website, Content and/or Software, including without limitation by means of “hacking” or defacing any portion of the Service, Website, Content and/or Software;
  3. make a defamatory statement, harass or cause distress to other users when using the Service, Software and/or Website;  
  4. use any device or apparatus which may be harmful to our network or third party’s equipment (in which case, you shall immediately cease the connection of such device or apparatus);
  5. use any robot, spider, scripts, site search, retrieval application, or other manual or automatic device or process to access, monitor, retrieve, index, “data mine”, or in any way reproduce, disrupt or copy, circumvent the navigational structure or presentation of the Service, Website, Content and/or Software;
  6. permit any other person to incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component to any portion of the Service, Website, Content and/or Software; or
  7. collect information from other users of the Service.
  8. sell, reproduce, copy, distribute, publish, modify, prepare derivative works based on the Service, Website, Content, or Software or any part thereof, whether or not for profit;
  9. make use of the Service, Website, Content, or Software or any part thereof for any public, non-residential, or commercial purposes or any other purposes not expressly permitted under the Agreement;
  10. collect money or other consideration for the use or access of the Service, Website, Content, or Software or for access to any premises where the Website, Service and/or Content are viewed or exhibited under any circumstances;
  11. remove any copyright, trademark, or other proprietary rights notices contained in the Service, Website, Content, or Software;
  12. use the Service, Website, Content, or Software on any Device that you do not own or control;
  13. access the Service and/or the Content by any means other than through the Website or the use of Software with compatible Device; access to or use the Service, Website, Content, or Software for any unlawful purpose or any purpose not expressly authorized by these Terms;
  14. modify, adapt, sublicense, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Service, Website, Content, or Software;
  15. download, copy, store, rip, distribute, share or re-direct any Content from the Service in any way or through any media; or
  16. modify, adapt, digitize, encode, reformat, compress, decipher, retrieve, interfere or in any way or manner control the signal of the Service or the Content.

 

  • DATA PROTECTION

  Our Privacy & Cookies Notice explains how we treat your personal data and protect your privacy when using the Service. By using the Service, you agree that we may collect, use, and retain your personal data subject to our Privacy Notice, which is incorporated into and forms part of these Terms. Please refer to the terms and conditions of our then current Privacy & Cookies Notice, which is available at https://www.traintrain.com.hk/privacy.html We reserve the right to amend our Privacy & Cookies Notice at any time and your continued use of the Service, Website, Content, or Software following the posting of such changes to our Privacy & Cookies Notice constitute your acceptance of any such changes.

 

  • OUR RIGHTS

    1. We have the right, but not the obligation to:
 
  1. monitor the Service accessible by you from time to time and to disclose any information as necessary to satisfy any law or regulation to operate our Content properly, or to protect ourselves or you;
  2. place advertising and promotional materials in conjunction with the Content, within the Content transmitted, on the Website, in the Service, and/or the Software at our sole discretion;
  3. employ and/or install applications or software in any Device used by you, for purposes of detecting any downloading, copying, storing, ripping, distribution, sharing or re-direction of any Content from the Service in any way or through any media;
  4. pay commission or rebate to any third party who introduces you to us; and/or
  5. engage an external debt collection agency to recover for us any outstanding payment from you. In which case, you will have to pay us additional liquidated damages, which sum shall not exceed the amount we pay to the debt collection agency as service fees. Such additional sum will be calculated by the debt collection agency as part of your debt owed to us. If you have been suspended from the Service by us prior to your full settlement of the debt, we reserve the right to charge you administrative charges for resuming the Service. The administrative charges shall be deemed as part of the fees under the terms of the Agreement.

 

  • THIRD PARTY MATERIALS

    1. We make no representation about, and we do not endorse and could not control the reliability or performance of any software, materials, applications, media platforms, devices or services of third parties (e.g. our information suppliers or advertisers or sponsors or promotional partners) that you may access through, or are linked to or embedded in the Service. You agree that any use of such software, materials, applications, media platforms, devices or services will be at your own risks.
    2. Parts of the Service and/or Content may be provided or maintained by third-party providers and not by us; in such cases, your correspondence or dealings with any third party provider are solely between you and that third party provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.
    3. Your use of different web pages of the Website or websites/applications linked to the Service may be governed by additional or different terms and conditions. Where this is the case, those additional terms and conditions will apply to your use of such web pages or websites/applications in addition to these Terms and will prevail over these Terms to the extent of any inconsistency. We have no control over any third party websites/applications linked to the Service or the Website and we are not responsible for the content or accuracy of any off-site pages or any other third party websites/applications linked to the Service or the Website (including without limitation websites/applications linked through advertisements).

 

  • DISCLAIMER & LIABILITY

    1. To the fullest extent permitted by law, we (and our affiliates) and our licensors (and their affiliates) expressly disclaim any liability for:-   
       
      1. the Service, Website, Content and/or Software used by you;  
      2. any of the Content on the Service;
      3. the timeliness, deletion, non-delivery, errors, interruptions in the transmission or failure of the provision of any Content and/or services under the Service;
      4. your inability to gain access in whole or in part to the Service due to the delay or failure of any communication networks or any party providing such access;
      5. any defect in the Software  except where such defect is proved to be due to our negligence or if the default is discovered in the Service system and which default is within our reasonable control;  
      6. any loss (whether direct and/or consequential) or damage arising from providing you with the Service including without limitation to any act or omission (including negligence) of us and/or our dealer, agent, contractor, employee, and officer;
      7. any claim based on contract, tort, or otherwise for any consequential loss (whether direct or indirect), including but not limited to loss of revenue, loss of profits or any consequential loss whether of an economic nature or not;
      8. any claim relating to any part of the Service or any Content supplied, provided, sold or made available by or through the Service (or any failure or delay to so supply, provide, sell or make available);
      9. any loss of data, disruption, suspension, delay, failure or discontinuation of the Service or the service capacity (including but not limited to streaming capacity allocated by us for the Service), Website, Software and/or Content or any part thereof which is attributable to (i) an event or circumstance beyond our reasonable control; (ii) our system maintenance, upgrading, testing and/or repairs; (iii) the reliability and stability of your Internet connection and its speed, its bandwidth, its system and services; (iv) any other third party’s software or services; (v) your incompliance of these Terms; and/or (vi) any changes to the applicable laws and regulations or other acts of the government of any country or of any local government; and
      10. any infringement of intellectual property rights arising from your use of the Service, Website, Software and/or any Content.
    2. To the fullest extent permitted by law, we (and our affiliates) and our licensors (and their affiliates) disclaim any representation or warranty whether express or implied as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the Service, Website, Software and/or any Content, any obligation to maintain the confidentiality of information (although our current practice is to maintain such confidentiality), the results to be obtained from use of any part of the Service and/or any Content unless otherwise specifically mentioned in these Terms. The Service and all Content and Software associated therewith, or any other features or functionalities associated with the Service, are provided “AS IS” and “AS AVAILABLE” with all faults and without warranty of any kind. We disclaim any representation or warranty that the Service will meet your requirements; and/or your access to and use of the Service will be uninterrupted or error-free, free of viruses, malicious code or other harmful components or otherwise secure. You expressly agree that your use of the Service, Website, Software and /or Content and/or contents obtained through your use of the foregoing are obtained at your own discretion and risk and that you will be solely responsible for any damage arising out of or in connection therefrom.
    3. To such extent permissible by the applicable law, if we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, Website, Software or Content, our liability shall in no event exceed the total fees paid by you to use the Service for the immediately preceding twelve months prior to any incident giving rise to a claim (even if we have been negligent).
    4. Where permitted under the applicable law, you agree that (a) you may bring claims against us only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; and (b) the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
    5. You agree to indemnify us against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by us, our content providers, subcontractors, licensors or agents arising from or in connection with (i) your use of the Service, Content, Website, and/or Software; (ii) any and all usage of your TrainTrain Member Account, including any breach or non-observance of any of these Terms by you or any other person (whether or not such usage is expressly authorized by you); (iii) any dealings with you through the Service; (iv) your violation of any rights of another, and under which such third party demands from you any compensation, fees or damages (including reasonable attorney fees); and/or (v) the personal data submitted by you.
    6. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this Article 11 but allows a limitation of a certain maximum extent, our liability is limited to that extent.
    7. This Article 11 shall survive the cessation of your use of or access to the Service, Website, Content, and/or Software or the expiration or termination of your subscription or TrainTrain Member Account.

 

  • SUSPENSION AND TERMINATION

    1. We may without notification or liability to you or any third party: 
       
      1. suspend the Service at any time to carry out system maintenance, upgrading, testing, repairs, and/or to protect the security of the decoding system;
      2. suspend your use of the Service if we discover your usage of the Service exceeds normal usage level. When the Service is resumed, we shall not extend the service period to compensate for the suspension;
      3. suspend your access to the Service if, (i) you fail to pay any fees; (ii) you fail to provide us with accurate or updated personal data; or (iii) we suspect, in our reasonable opinion, that you make unusual purchase or series of purchase;
      4. refuse to provide the Service to you if you fail to successfully install and/or download the latest version of the Software;
      5. limit or suspend your access to the Service, Content, and/or Software without notice where we are of the opinion that such action is appropriate as a result of your use of the Service, Content, and/or Software or where you breach any of these Terms;
      6. expand, reduce, withdraw and/or modify any part of the Service, Content, and/or Software; or
      7. remove, disable and/or suspend transmission or streaming of the Service or Content which we consider in our sole opinion, breaches any applicable law, regulation or regulatory directive or to be otherwise unacceptable.
    2. You may terminate your subscription to the Service at any time by giving written notice to us, provided that we do not provide refunds or credits for any remaining subscription periods.
    3. In addition to any other rights or remedies we may have, we may terminate your subscription or restrict your use of the Service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms; (ii) performing any damaging behavior towards our employees or agents or other users; or (iii) engaged in illegal or improper use of the Service, Website, Content, and/or Software. 
    4. Upon termination of subscription for any reason, your access to the Service, Content, the Software, and all licences, rights and privileges granted to you under these Terms shall cease and under no circumstances will you be entitled to a refund of any fees, interest on any security deposit or any pro-rata refund or credit of any fees paid in advance. Any such termination shall not affect any accrued rights or liabilities of either you or us nor shall it affect the coming into force or the continuance in force of any provision contained in these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.

 

  • CHANGES TO THESE TERMS

  We may from time to time change these Terms and the policies and other content of the Website referred to in the Agreement as we deem fit by publishing the changes online at the Website. It is your responsibility to review these Terms, the policies and other content of the Website frequently and to remain informed about any changes to them, so we encourage you to review these Terms, the policies and other content of the Website often. Such revisions will be effective immediately when they are posted and shall supersede any previous versions of these Terms, the policies, and content of the Website. Your continued use of and/or access to the Service, Website, Content, and/or Software shall be deemed acceptance of such revisions. If you do not agree to the revisions, you shall have the right to terminate your subscription provided that we do not provide refunds or credits for any remaining subscription periods.  

 

  • FORCE MAJEURE

  Sometimes, we may not be able to do what we have agreed because of an event beyond our reasonable control, including but not limited to fire, flood, severe weather, acts of God, failure of third party supplier or courier partners, electrical outages, equipment or transmission failures, interruption of internet or telecommunications, embargoes, injunctions, or other restraints and actions of the government of any country or of any local government. In these cases, we do not accept responsibility for the delay or failure to provide you with the Service, Website, Software, and/or Content in accordance with the terms of the Agreement. Under such circumstances, no refund or partial refund of fees shall be made.

 

  • GOVERNING LAW

  The Agreement is governed by and construed in accordance with the laws of Hong Kong and the courts in Hong Kong shall have non-exclusive jurisdiction relating to any disputes arisen hereof.

 

  • ASSIGNMENT

  You accept that the Agreement between you and us for the Service is personal to you and you shall not assign or transfer it to anyone else, or try to do so under any circumstances. You agree that we can assign or transfer the Agreement and all our rights and obligations hereunder, in our sole discretion, to any person or entity without your consent and that we can also use an agent or subcontractor to perform our responsibilities.

 

  • MISCELLANEOUS

    1. Nothing in the Agreement, whether express or implied, is intended to or shall confer any rights, benefits, or remedies of any nature whatsoever under or by reasons of the Agreement or the Contracts (Rights of Third Parties) Ordinance (Cap 623) of the laws of Hong Kong on any persons other than the parties to the Agreement and their respective successors and assigns.
    2. You agree that the Agreement between you and us for the Service constitutes the entire agreement between you and us and all or any correspondence agreement or representations made prior hereto are hereby superseded in their entirety. This provision does not attempt to exclude liability for fraudulent misrepresentation. 
    3. Any provision of the Agreement declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.
    4. We have the sole discretion to interpret and determine the terms of the Agreement.
    5. The failure of our enforcement of any right or provision of the Agreement will not be deemed a waiver of such right or provision.
    6. If there is any conflict between these Terms and the rules and specific terms of use appearing on the Service relating to specific material, then the latter shall prevail.
    7. For convenience, these Terms may be translated into languages other than English.  If there is any conflict in meaning between the English language version of these Terms and any version or translation of these Terms in any other language, the English language version shall prevail.
 

 

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