PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). BY CONTINUED BROWSING AND USING OF THIS SITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THIS SITE.
This Site is owned and operated by Wharf Hotels Management Limited or its affiliated or associated companies (“Wharf Hotels”). These Terms of Use have been adopted by Wharf Hotels and all the hotel properties owned, managed and/or operated by Wharf Hotels, including Marco Polo Hotel, Niccolo Hotel, Maqo Hotel and all the hotel properties to be owned, managed and/or operated by Wharf Hotels. References to “we”, “our” and “us” hereinafter, depending on the context, collectively refer to those separate and distinct properties or entities.
USE OF THE SITE
This Site is intended for use or access by individuals who can form legally binding contracts under applicable law*. By using the Site, you represent that you have reached the legal age that may create binding legal obligations for any liability you may incur as a result of the use of the Site. To make reservations and/or purchases for either yourself or for another person, you also warrant that you are legally authorised to do so.
You must not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to this Site or any services provided via, or in relation to, this Site. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, materials, products or services found on, or obtained or derived from, this Site.
You must not misuse this Site by knowingly introducing any virus, trojan, worm, logic bomb or other material that is malicious or technologically harmful to this Site. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site. You must not attack the Site by an means, such as via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site and or any other Site owned and operated by Wharf Hotels will cease immediately.
LIABILITY DISCLAIMER
The material in this Site is provided "as is" and without warranties of any kind either express or implied, subject to any applicable law. We make no representations, warranties or guarantees, whether express or implied, that the content on this Site is accurate, complete or up to date, or that this Site will be secured or free from bugs or viruses. Any person who relies on the information of this Site shall do so at his / her own perils . The content on this Site (including all texts, pictures, images and videos) is for marketing communication illustration purposes only, and does not form part of the terms, representation, warranty or guarantee in any contract between you or any customer and us. The provision of the premises (including hotel rooms and function space) is subject to the availability at the hotel property [during the reservation period ] and may differ from the content on this Site.
To the maximum extent permitted by law, Wharf Hotels or any Wharf Hotels subsidiary, division, affiliate, agent, representative, hotel owner, licensor, or licensee or third parties connected to Wharf Hotels hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
LINKS TO OTHER SITES
Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources and shall not be responsible for any of the contents of those sites. Any links we may offer does not imply endorsement of the material on such websites or any association with them.
This Site may contain information and materials, including but not limited to text, graphics, images, photographs, video, music, sound, icons, logos, designs, trade names, trade secrets, patents, trademarks, software code, interface design, layout framework, related data or electronic files, and other intellectual properties, which is owned by Wharf Hotels and/or third parties and is protected by applicable intellectual property law and other relevant laws. No licence is granted in respect of such intellectual property rights and your use of the Site does not grant or transfer any right, title or interest in or to such intellectual property rights.
Unless with our specific written consent, you must not implement, utilise, copy, take excerpt or transfer the above intellectual property rights for any commercial or non-commercial purpose by yourself or license to any third party under all circumstances. You must not engage in any conduct that infringes, violates or misappropriates the above intellectual property rights of Wharf Hotels and such infringement, violation or misappropriation shall constitute a breach of these Terms of Use. You must not print, copy, modify, publish, reproduce, distribute, retransmit, transfer, upload, download, store, display in public, sell, license, reverse engineer, decompile or disassemble the above intellectual properties, except for use as permitted by applicable laws and regulations relating to intellectual property rights.
CONTENT UPLOADED
Except as otherwise provided in the Personal Data Privacy Notice, any information or communication uploaded or submitted to us through this Site will not be considered confidential or proprietary. You warrant that any information or communication uploaded or submitted to us is not unlawful, infringing, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane or could constitute or encourage conduct that could be considered a criminal offence, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms of Use .
You should only upload or transmit information to this Site in accordance with our instructions on this Site. The format, content and substance of the information, communication or file uploaded or submitted to us through this Site should also be in accordance with our instructions on this Site.
When you upload or transmit any information to this Site, you grant us an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content for any purpose, including to develop, market or promote the Site or the service.
CHANGES TO THESE TERMS AND THIS SITE
We reserve the right, at our sole discretion, to change, modify, add or remove portions or the entirety of these Terms of Use at any time without notice other than by posting the amended terms of use to the Site and/or the content of the Site without notice. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes . However, you can always check this page and refer to the latest terms of use.
SUSPEND OR WITHDRAW
We do not guarantee that this Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of this Site for business and operational reasons.
You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms of Use, and that they comply with them.
GOVERNING LAW AND LANGUAGE
These Terms of Use are governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong SAR”). You agree to submit to the exclusive jurisdiction of the courts of Hong Kong SAR. In the event of a discrepancy between the English version and any translation of any provisions of these Terms of Use, the English version shall prevail.
In the event of any provision of these Terms of Use being found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms of Use. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.