Terms of use
Hong Kong Express Airways Limited (“HK Express”)
Website and Mobile Application Terms of Use
1. Terms of Use
1.1 The website at www.hkexpress.com, the HK Express mobile app and WeChat Mini Program (微信小程序) (Site) is operated by Hong Kong Express Airways Limited (we/us).
1.2 Use of the Site is on the terms contained in this document (Terms of Use). By accessing, browsing, using, registering with, or placing an order on the Site you are indicating your acceptance to be bound by these Terms of Use in their entirety. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on the Site about how the Site operates and the services which are available. If you do not agree to these Terms of Use, stop using the Site immediately.
1.3 Separate conditions may also apply to airline carriage, prize draws, competitions or any other promotion which we may run from time to time. Please also read our Term & Conditions. In particular, the carriage of passengers, baggage and cargo by air is subject to the conditions of carriage of the relevant carrier. View our Conditions of Carriage.
1.4 These Terms of Use include our Privacy Policy, which explains how we collect, store and handle any personal information you supply to us when you use our websites or mobile applications, including the Use of Cookies on our websites and mobile applications. View our Privacy Policy.
1.5 By opening a HK Express membership account, or by using services or other benefits connected with that account, you also agree to our MyUO Account Terms and Conditions.
1.6 Additional terms may apply to specific parts of our Site and services. We reserve the right to change these Terms of Use from time to time without prior notice by changing them on the Site.
2. Accessing the Site
2.1 We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.
2.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
2.3 From time to time, we may restrict access to some features or parts of the Site, or the entire Site, to users who have registered with us as members. To register as a member, you must be over eighteen (18) years of age. By registering on the Site, using the Site and / or making a purchase, you confirm and certify that the information you provide, included but not limited to, your name, identity document numbers and date of birth are complete, accurate and up-to-date. You agree to update your registration information promptly if it changes. All personal information you provide will be kept secure and processed in accordance with our Privacy Policy. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We are authorised to assume that any person using the Site with your registration is either you, yourself or is authorised to act on your behalf. You are responsible for all actions or activities that occur through or under your registration, unless you report misuse on a timely basis. We have the right to permanently remove inactive registrations, and disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.
2.4 The purchase of certain products and services on the Site may be subject to age or other requirements specified by law. We are not permitted by law to supply these products or services to individuals who do not satisfy the relevant requirements and, if you are underage or do not satisfy such requirements, you must not attempt to order these products or services through the Site.
3. Accuracy of Information
3.1 We will use reasonable endeavours to ensure that information on the Site is accurate, but commentary and other material posted on the Site are not intended to amount to advice on which you should rely.
3.2 Except to the extent that our Terms & Conditions and/or Privacy Policy apply, we make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information.
3.3 The views expressed in our user generated content are the opinions of those users and do not represent our opinions.
3.4 If you find any inaccurate information on the Site please let us know and we will endeavour to correct it, where we agree, as soon as reasonably practicable.
4. Use of Content
4.1 The copyright, database rights, trade marks, domain names and other intellectual property rights in all material and information on the Site (IPR Content) belongs to or is licensed to us.
4.2 You may download or print off copies of the IPR Content on the Site for your personal, non-commercial use and information only. If you do download or print off copies of the IPR Content you must retain any copyright or other intellectual property notices contained in the original material.
4.3 You are not permitted to copy or adapt the IPR Content, layout or code of the Site, or create an archive or database containing all or parts of the IPR Content for any business purpose or other commercial exploitation, without our specific consent.
4.4. Our name may not be used in any way, including in advertising or publicity amounting to distribution of materials on the Site, without our prior written consent.
4.5 We reserve all rights in and to the IPR Content, including the right to revoke at any time any authorization or consent granted by us.
5. User Generated Content
5.1 By submitting content (other than your personal data) to the Site you confirm that you have the right to use the same and a submission together with your agreement to these Terms of Use shall constitute an assignment to us of any intellectual property rights in such content. Any content you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, remove, distribute and disclose to third parties any such content for any purpose including (but not limited to) use of such content at our own discretion (with or without accreditation) in any media.
5.2 You confirm that content you upload to the Site (including any photos, videos, reviews, comments, or other communication, information or content) does not contain anything that: (i) is distasteful, offensive, threatening, defamatory, misleading, defrauding or controversial, of bullying, harassing or otherwise objectionable behaviour, (ii) infringes any intellectual property rights, privacy or other rights of any person, (iii) otherwise does not comply with all applicable laws and regulations, and (iv) consist of or contain software viruses, political campaigning, commercial solicitation, spam, unsolicited commercial electronic messages or other material which may interfere with or disrupt the Site or our services.
5.3 We reserve the right (but not the obligation) to monitor, edit and/or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
5.4 You agree to indemnify and hold us harmless from and against all damages, losses, costs, fees and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to your breach of these Terms of Use, any user content you provide or otherwise contribute, any activity in which you engage on or through the site; and your violation of any law or the rights of any third party.
6. Links to this & other websites
6.1 We may from time to time provide you with access to content from third parties, such as links that will enable you to access the websites of third parties directly from the Site. Such third-party content are not under our control and, unless otherwise stated, we have no relationship with the third parties and no contribution is made by us to such content and/or websites. We do not endorse or evaluate third party content and we do not assume responsibility for them. When you click through to these content and/or websites you may leave the area controlled by us, and we cannot accept responsibility for any issues arising in connection with either the third parties' use of your data, the content or the services offered to you by third parties.
6.2 We reserve the right, at our discretion, to prohibit any link from another internet site to materials or information on this Site. Without prejudice to that right, if you wish to link to the Site, you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of our logo;
(b) You do not create a frame or any other browser or border environment around the Site;
(c) You do not in any way imply that we endorse any products or services other than our own;
(d) You do not misrepresent your relationship with us nor present any other false or misleading information about us;
(e) You do not otherwise use any of the trade marks displayed on the Site without our express written consent; and
(f) You do not link from a website that is not owned by you.
6.3 Any website from which you link to the Site does not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
7. Our Liability
7.1 Although we hope the Site will be of interest to users (and except to the extent that our Terms & Conditions and/or Privacy Policy apply), we accept no liability and offer no warranties or conditions in relation to this Site or its content or services, to the fullest extent such liability can be excluded by law.
7.2 WE ONLY PROVIDE THE SITE FOR DOMESTIC AND PRIVATE USE. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF ANY SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF OUR SITES OR STORES (WHETHER PHYSICAL OR ONLINE), INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
OUR TOTAL LIABILITY IN CONNECTION WITH THESE TERMS IS LIMITED TO US$100.
7.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot, under law, be excluded.
8. General
8.1 Hong Kong Express Airways Limited is a corporation registered in Hong Kong SAR.
8.2 Any formal legal notices should be sent to us at legal@hkexpress.com.
8.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.
8.4 If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.
8.5 You and we agree that the laws of Hong Kong SAR apply to these Terms of Use and that any dispute between us regarding the Site or arising out of or in connection with these Terms of Use will only be dealt with by the courts of Hong Kong SAR.
8.6 These Terms of Use describe the relationship between you and us, they do not create legal rights for other persons, even if they may benefit from such relationship.
9. Contact Us
If you experience problems with the Site or would like to comment on it, please feel free to Contact Us.