Terms of Use WELCOME TO www.oysterbay.com.hk. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AS THEY APPLY TO YOUR USE OF THIS WEBSITE. BY ACCESSING THIS WEBSITE AND ANY OF ITS PAGES, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS DO NOT ACCESS THIS WEBSITE AND DO NOT USE THE ONLINE SERVICE. 1. DEFINITIONS The following words have the following meanings in these Terms of Use: "affiliates" in respect of any company, any holding company of such company, all subsidiaries of such holding company and all companies or bodies corporate in respect of which any such holding company or the company holds an interest equal to or greater than 20% of the voting or capital rights in that company or other body corporate; "Applicable Laws" has the meaning ascribed to it in paragraph 12; "Content" all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials displayed on or available through the Website; "Feedback" has the meaning ascribed to it in paragraph 9; "Hong Kong" the Hong Kong Special Administrative Region of the People's Republic of China; "Linked Site(s)" has the meaning ascribed to it in paragraph 7; "Products" any products which may from time to time be available to be purchased, redeemed or given away via the Website; "Terms of Use" these terms of use as amended from time to time and posted on the Website; "user" any person who access the Website; "MTR Corporation, we, our, us" MTR Corporation Limited a corporation established pursuant to the former Companies Ordinance Cap. 32 having its principal office at MTR Headquarters Building, Telford Plaza, Kowloon Bay, Kowloon, Hong Kong; "Website" the Website located at URL https://www.oysterbay.com.hk; and "you, your" users of the Website. 2. SERVICE You may be provided with certain information and services of our mall by us, including but not limited to contacting us through the Website. You may provide your information and messages to us on the “Contact us” section of the Website, where you will be required to fill in a form setting out some of your personal details including your name, contact number and email. Incomplete and inaccurate information may prevent the processing of such enquiry. The personal data collected will be used for the sole purpose of handling of your customer enquiry and will not be transferred to any third party, unless such parties are authorized by law to request the information or otherwise relevant to and necessary for the purposes stated above or as stated in the Privacy Policy Statement or the Personal Information Collection Statement. 3. DATA PRIVACY For information about our privacy policies and practices, please refer to our Privacy Policy Statement. Where personal data is collected in connection with the Website (including customer enquiry), you should also have reference to the relevant Personal Information Collection Statement linked to the form through which your personal data is collected. 4. COMPLETE TERMS OF USE These Terms of Use and our Privacy Policy Statement, which are hereby incorporated herein by this reference, represent the complete agreement between you and us concerning your use of the Website. 5. COVENANTS You agree to use this Website for your personal, non-commercial use only and you are solely responsible for all Content whether publicly posted or privately transmitted by you on or through this Website. As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by any applicable laws or the terms, conditions, and notices contained herein. Without limiting the generality of the foregoing, you further agree not to: 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. post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others; c. 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; d. post, publish, transmit, reproduce, distribute or in any way exploit any Content obtained through the Website for commercial purposes; e. upload, post, publish, transmit, reproduce, or distribute in any way, any component of the Website itself or any Content obtained through the Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission; f. transmit, post or upload any Content that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment through this Website; g. transmit, post or upload any Content protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents; h. interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks; i. attempt to gain unauthorised access to the Website, computer systems or networks connected to the Website, through password mining or any other means; j. interfere with other user’s use and enjoyment of this Website, or other individual’s or entity’s use and enjoyment of similar services; k. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; l. "stalk" or otherwise harass another; or m. collect or store personal data about other users. We reserve the rights from time to time, without notice, to observe and record your access to and use of the Website to determine if you are complying with these Terms of Use. 6. MONITORING We do not actively monitor the Content submitted, posted, transmitted or sent by users to, on or through the Website or guarantee the accuracy, integrity or quality of such Content. However, we will consider complaints concerning inappropriate Content on this Website, but we do not guarantee that we will take any action in respect of the same. Furthermore, we reserve the right to remove or withhold, without warning, any Content from this Website or any link to any Website as we consider appropriate in our sole discretion. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, emailed or otherwise transmitted via the Website. 7. LINKS TO THIRD PARTY WEBSITES AND REFERENCE TO THIRD PARTIES We may provide links to other sites or resources ("Linked Site(s)") and/or make reference to third parties, their goods and/or their services on the Website. We have no control over the Linked Sites or the third parties and we are not responsible for the content of any Linked Site or any links contained in a Linked Site or the activities of such third parties, or any changes or updates to such sites. We do not monitor the contents of the Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links and/or reference to you only as a convenience, and the inclusion of any link and/or reference does not imply endorsement by us of such Linked Sites or such third parties or any association with the operators of such Linked Sites or such third parties. Where a Linked Site advertises, sells or contains financial products or services information, we expressly declare that we do not endorse any such financial products or services as appearing on that Linked Site or any other web site which the Linked Site may link to. Please refer to our Important Notice. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the products or services or the content of any Linked Site or of such third parties. 8. DISCLAIMERS & LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE CONTENT OR PRODUCTS OR SERVICES INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES AS TO: a. THE AVAILABILITY OF THE WEBSITE OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; b. THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE; c. THE MERCHANTABILITY, STANDARD OF QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PRODUCTS AVAILABLE ON THIS WEBSITE; d. THE USE OR EXERCISE OF REASONABLE CARE AND SKILL IN PROVIDING OR DELIVERING ANY SERVICES ON OR THROUGH THE WEBSITE OR THE TIMELINESS OF SERVICES OFFERED OR PROVIDED ON THE WEBSITE; e. NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; OR f. THE WEBSITE BEING FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEBSITE OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. Without limiting any exclusion specifically provided for in these Terms of Use we shall in no event be liable for any costs, damages or liability for: a. the failure, or alleged failure, of any Product; b. the breach, or alleged breach, of any warranty, express or implied, relating to any Product; c. any loss or damage to any such Product; d. any act or failure to act of any shipper or other carrier, or any employee or agent thereof; or e. any unauthorized use of the Website or breach of security relating to the Website. You will exercise and rely solely on your own judgment in using the Website or purchasing or redeeming the Products. In no event shall we 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 Website, even if we have been advised of the possibility of such damages including without limitation, unauthorised access using your Username and Password or transmission of Content or any transactions entered into through the Website. You specifically agree that neither we nor our affiliates shall be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that neither we nor our affiliates shall be responsible for the Content sent out used and/or included in the Website by any third party. The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws. We make no representation that materials on this Website are appropriate or available for use in any other jurisdictions, and accessing the Website from locations where its operation are illegal is prohibited. Those who access this Website from other locations do so at their own discretion and are solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the Internet and online conduct. 9. INTELLECTUAL PROPERTY The Website together with all Content made available as part of the Website is our property or is licensed to us and is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Our licensors and we own copyright in the selection, co-ordination, arrangement and enhancement of such Content, as well as in the content original to it. You may not modify, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. You may only download such part of the Content as is expressly permitted to be downloaded from this Website for the use specified and for your personal use only. You have no rights in or to the Content and you will not use the Content, except as permitted under these Terms of Use. Except as otherwise expressly permitted by us and the copyright owner by written permission and/or under applicable copyright law, no modification, copying, redistribution, uploading, retransmission, publication or commercial exploitation of downloaded material will be permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any change to or deletion of author attribution, trademark, legend or copyright notice. You acknowledge that you do not acquire any ownership or other rights by downloading copyrighted material. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") in connection with the Website without any payment to you. You hereby irrevocably assign all rights in your Feedback and Content posted or transmitted by you to us and 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 or Content posted or transmitted by you. 10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS Any dealings you may have with any advertiser on this Website or your participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Neither we nor our affiliates shall be responsible or liable for any part of any such advertisement dealings or promotions. 11. INDEMNITY You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees), incurred or suffered by us in connection with or arising from your breach of these terms of use and/or your use of the Website or the services. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume exclusive defence and control of any such claim or action. 12. LEGAL COMPLIANCE You shall comply with all applicable laws, statutes, ordinances and regulations (whether or not having the force of law) ("Applicable Laws") regarding your use of the Website. You recognise the global nature of the Internet and you understand that the Applicable Laws may be of a jurisdiction other than your own and you agree that compliance with Applicable Laws is your sole responsibility. We recommend that you seek legal advice on your own account if you are not sure what Applicable Laws comprise. 13. TERMINATION We may terminate your use of and access to any part or all of this Website or any related service(s) at any time with immediate effect without any notice and in our sole discretion for any reason, including without limitation: a. if you breach these Terms of Use; b. if we are unable to verify or authenticate any information you provide to us; c. if we believe that your actions may give rise to liability of any nature; or d. if we deem your action unsuitable or inappropriate. Upon termination, you must destroy all material obtained from this Website and any copies thereof. If you wish to terminate your use of part or all of the Website your only recourse is to discontinue the use of the Website. 14. MODIFICATIONS TO TERMS OF USE We reserve the right to change these Terms of Use, our Privacy Policy, our Personal Information Collection Statement or any policies regarding the use of the Website at any time and to notify you by posting an updated version thereof on this Website. You are responsible for regularly reviewing the Terms of Use and the applicable policies. Continued use of this Website after any such posting amounts to your conclusive acceptance of such revised Terms of Use or policies. If any such revision is unacceptable to you, you must terminate use of this Website immediately. We reserve the right to interpret these Terms of Use and decide on any questions or disputes arising under these Terms of Use. You agree that all such interpretations and decisions shall be final and conclusive, and binding on you as a user of the Website. 15. MODIFICATIONS TO SERVICE We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any part thereof. 16. GOVERNING LAW & JURISDICTION This Website (excluding Linked Sites) is hosted by us from our office in Hong Kong. By accessing this Website, you agree that any claim relating to this Website shall be governed by the laws of Hong Kong without giving effect to any principles of conflicts of laws, provided that we reserve the right to pursue civil or criminal proceedings in any jurisdiction having control over you or your assets. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts. 17. NO AGENCY You and we are independent, and no agency, partnership, joint venture, trustee, beneficiary, employee-employer or franchiser-franchisee relationship is intended or created by your use of the Website. 18. SYSTEM AVAILABILITY We do not guarantee uninterrupted, continuous or secure access to the Website. Part or the entire Website may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruptions, Internet access downtime and other technical problems beyond our control for which we cannot and shall not be held responsible. You agree that your use of the Website is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use the Website for any reason whatsoever. We reserve the right to take any part or all of the Website offline for various reasons including urgent system maintenance or upgrading, in which case we will try to give you notice in advance if possible. 19. PARTIAL INVALIDITY The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision. 20. WAIVER No waiver of any breach under these terms of use will amount to a waiver of any other breach. 21. GENERAL PROVISIONS To assist you in understanding these Terms of Use, unless the context otherwise requires, these Terms of Use should be interpreted using the following rules: a. words importing one gender include the other genders; b. words importing the singular shall include the plural and vice versa; c. references to paragraphs, are references to paragraphs in these Terms of Use; d. expressions defined in the main body of this Terms of Use bear the defined meaning in the whole of this Terms of Use; e. a right granted or reserved may be exercised from time to time; f. headings are for ease of reference only and shall not affect the interpretation of these Terms of Use; g. any reference to a person shall include that person's successors, representatives and permitted assigns; and h. in the event that there is any inconsistency between the English and Chinese version of these Terms of Use, the English version shall prevail. December 2022